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The Structure of our Courts Legal Research and Writing Orientation August 14, 2003.
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Transcript of The Structure of our Courts Legal Research and Writing Orientation August 14, 2003.
Source of Law:The United States Constitution
Allocates powers between state and federal system.
Establishes Federal Court System
Allow for state constitutions to provide framework for state governments and court systems.
What Does Federalism Mean? The Constitution
1) grants powers to the federal government,
2) states it may enact any laws that are "necessary and proper" to exercising these powers, and
3) asserts that all powers not granted to the national government are retained by the states(10th Amend.)
Federalism: Legislatures
Federal Powers Concurrent Powers State Powers
Coin money
Conduct foreign relations
Interstate commerce
Police powers
Intrastate commerce
Conduct elections
Tax
Borrow money
Make and enforce laws
Jurisdiction
What does jurisdiction mean?
What does general versus limited mean?
How do you get state law jurisdiction?
How do you get federal jurisdiction?
-Diversity
-Federal Question
The Source of Law Comes From All Three Branches of Government.
United States and Alabama Constitutions
Legislative BranchU.S. Const., Article IAla. Const., Article IV
Executive BranchU.S. Const., Article IIAla. Const., Article V
Judicial BranchU.S. Const., Article IIIAla. Const., Article VI
All three branches of government have some lawmaking power.
The Legislative Branch
How does the Legislative Branch make law?
By enacting statutes by way of the authority granted to them by federal or state constitutions.
The Executive Branch
How does the Executive Branch make law?
Through Executive Orders
Congress can also give the Executive Branch power to promulgate regulations in order to enforce legislation
The Executive Branch
Can you think of an example of how Congress gives the Executive Branch power to implement legislation?
The Internal Revenue Service(which is part of the Executive Branch), promulgates regulations needed to implement Internal Revenue Code (which is legislation adopted by Congress).
The Judicial Branch
What are two ways the Judicial Branch develops law?
1) By interpreting constitutional and statutory law and applying them to factual circumstances
2) Through the creation of judge made law arising in situations not covered by constitutional or statutory law.
Typical Court Hierarchy
Trial courts– Fact-finding
Appellate courts– Corrects Errors
Supreme Court– Make law
The U.S. Supreme Court
The U.S. Supreme Court hears selected appeals from the United States Courts of Appeals.
It does not decide questions of state law.
It will hear appeals from the highest state courts only where the state court's decision has been based upon federal law
The Alabama Court System
Supreme Court of Alabama
Court of Civil Appeals Court of Criminal Appeals
Circuit Courts
Probate Courts
District Courts
Municipal Courts
What is the mandate of our court system? (i.e. what is the job of our courts?)
One possibility is that courts are supposed to dispense justice.
Another is that they are supposed to find and apply the correct law.
The first possibility is too liberal. The second is too rigid. Neither describes what courts do.
Equitable vs. Legal Claims
In England, the Courts of Common Law dispensed Justice and the Courts of Chancery were created in contrast, when common legal remedies were too harsh or inadequate.
Although we do not have this kind of duality, remnants of this idea are implicit in what we call legal as opposed to equitable claims
The Common Law
Common law, or “case law” which has its roots in the English system varies from state to state. There are however common views on general principles. (Restatement of Torts, contracts, etc.)
Federal courts do not engage in the creation of common law but have retained case law in a few restricted areas such as procedural court rules and admiralty law.