United States Legal System

United States Legal System

Three Branches of Government

Multiple Sovereignties

United States Legal System Sources of Law-Federal and State Constitution

United States Legal System Constitution Judicial

United States Legal System Constitution Legislative

United States Legal System Constitution Executive Executive

United States Legal System Constitution Judicial Case Law

United States Legal System Constitution Legislative Statutes Public Laws Public U.S.C. Laws Statutes Indiana Code Acts

United States Legal System Constitution Executive Rules and Regulations Proclamations Administrative Decisions Executive Orders

Primary and Secondary Authority

Primary Authority Primary authority is the law itself. – Constitutions – Statutes – Administrative regulations issued pursuant to enabling legislation – Case law

Secondary Authority Secondary Authority is all legal materials that are not primary authority or finding aids. Secondary authority includes -encyclopedias -law reviews -treatises -ALR Secondary authority is never binding on a court.

Court System Final Appellate Court Law Intermediate Appellate Court Fact & Law Trial Court

Path of a Court Case Trial Court – complaint, indictment, information – pre-trial activities – trial – decision Intermediate Appellate Court – Briefs – Argument – Decision

Path of a Court Case Highest Court Briefs Arguments Decision

Mandatory vs. Persuasive Authority

MANDATORY Authority that a court MUST follow Typically, a higher court in the jurisdiction. Example: – All IN trial courts must follow the IN Supreme Court and the IN Court of Appeals – IN Court of Appeals must follow IN Supreme Court On U.S. Constitutional matters only, even state courts must follow US Supreme Court

US Supreme Court Regarding Constitution al Matters Indiana Supreme Court Indiana Court of Appeals Indiana Trial Court Mandatory Kentucky Supreme Court Kentucky Court of Appeals Kentucky District Court

PERSUASIVE Authority which carries some weight but is not binding or mandatory. Can be primary or secondary authority. – Based on opinion of sister court (primarypersuasive) OR – Legal scholar (secondary- persuasive)

US Supreme Court Persuasive US Court of Appeals Kentucky Supreme Court Kentucky Court of Appeals Kentucky Trial Courts Indiana Supreme Court Indiana Court of Appeals Indiana Trial Court

Review The Constitution is the supreme law of its jurisdiction and 51 major jurisdictions in the U.S. Three branches of government in each jurisdiction - Executive, Legislative, and Judicial. Each branch produces legal materials. Primary Authority and Secondary Authority The court systems of the United States and of each of the states. Mandatory and persuasive authority