1.

Origin and Nature of Law

Key Terms
 Law: Defined as what a judge will decide concerning matters properly
brought before them; broadly, any rule society enforces.
 Code: A collection of statutes enacted by legislative bodies.
 Civil Law: Codified law based on Roman law, forming the legal system
of many European, Latin American, African, and Asian nations.
 Common Law: Law developed through court decisions ("case law")
based on judicial precedent, primarily in England and jurisdictions
influenced by it.
The Origin of Law
 The origin of law is tied to the origin of society, as law is a precondition
for societal existence.
 Early law was based on brute power, such as the lex talionis (law of
retaliation: "an eye for an eye").
 As societies evolved, governments formalized laws to:
1. Prohibit objectionable behaviors (public law).
2. Resolve disputes between individuals (private law).
3. Govern agreements (contract law).
 Public law includes constitutional, administrative, and criminal law,
while private law covers torts, contracts, and property law.
You Should Remember
 Law's origins are obscure, but early societies relied on individual power
and cunning.
 Primitive governments enforced the lex talionis.
 Over time, societies adopted rules to prevent disputes and regulate
behavior.
Definitions of Law
 Law is enforced by society to regulate conduct.
  The American legal realism school defines law as what a judge
decides in a given case.
 Legal positivism views law as commands from political authority.
 Natural law theorists argue for a higher moral law based on absolute
principles of right and wrong.
Some Schools of Jurisprudence
1. Critical Legal Studies
 Views the legal system as perpetuating the socioeconomic status
quo.
 Argues that the decision-making process is often arbitrary and
should focus more on fairness, community values, and
egalitarianism.
2. Historical School
 Emphasizes the influence of history, traditions, and customs on
shaping contemporary law.
3. Law and Economics
 Focuses on economic efficiency as a key goal of the law.
 Advocates for laws that promote market efficiency.
4. Legal Realism
 Stresses the importance of pragmatism and the context in which
laws are applied.
 Examines the decision-makers' training, experience, and societal
needs.
5. Natural Law
 Links law to morality and ethics, emphasizing universal
principles.
6. Positivism
 Defines law as a set of rules enforced by governing authorities.
7. Utilitarianism
 Evaluates laws based on their ability to maximize societal
happiness or minimize pain.
Law and Morality
 General Relationship:
 Law reflects the prevailing morality of society and enforces it.
 Morality and law are closely related, but morality often extends
beyond what the law enforces.
 Important Principle:
 Conduct that a reasonable person deems moral and just is
unlikely to conflict with the law.
 Example:
 In criminal law, good motives may mitigate punishment, while
bad motives can lead to harsher consequences.

You Should Remember

 Law and morality are closely related.
 Law is easier to enforce when citizens align with it for moral reasons.
Development of Civil Law
 Overview: Civil law, also known as code law, is one of the two major
legal systems in the Western world. It is based on written codes and
systematic legal principles.
 Key Figures and Contributions:
 Hammurabi (Babylonian, 1792–1750 B.C.): Created a well-
ordered system of 282 laws based on the principle of lex
talionis (law of retaliation).
 Solon (Athenian, 594 B.C.): Established a stable government
with laws under a system of rule by consent.
 Justinian (Roman, A.D. 533): Summarized and systematized
Roman civil law, forming the basis for European and Latin
American legal systems.
 Napoleon (French, A.D. 1804): Preserved democratic
achievements of the French Revolution and influenced modern
law, including the modern civil code.
  Key Features:
 Civil law emphasizes a single, comprehensive legal code.
 It is widely used in Europe, Latin America, and many non-Western
countries (e.g., China, Japan, and parts of Africa).
 Influenced by the French and German legal traditions, with
variations in different regions.

Development of Common Law

 Overview: Common law originated in England and is based on judicial
decisions and precedents rather than a comprehensive legal code.
 Key Features:
 Disputes are resolved on a case-by-case basis, with decisions
based on earlier, similar cases.
 Common law relies on judicial experience and the accumulation
of unwritten customs and maxims.
 It incorporates foundational documents like the Magna Carta
(1215) and the English Bill of Rights (1689).
 Influence:
 Common law is used in England, the United States, Canada,
Australia, and other countries colonized by the British.
 It has influenced American business law and modern case law.

Key Takeaways
 The progress of law over centuries can be traced through the
contributions of key "lawgivers."
 Civil law is based on codified statutes, while common law evolves
through judicial decisions and precedents.

Legal Concepts:
1. Precedent and Common Law (Stare Decisis):
  Courts follow precedents based on the principle of stare
decisis ("to stand by decisions").
 Higher court decisions bind lower courts within the same
jurisdiction.
 Precedents can be amended by courts or legislative action.
 In the absence of precedent, courts may rely on justice, fairness,
or custom.
2. Legislation and Common Law Codes:
 Statutes modify common law and are supplemented by judicial
opinions and administrative regulations.
3. Equity and Common Law:
 Equity developed as a parallel system to common law, focusing
on fairness and justice.
 Equity principles include fairness, clean hands doctrine, and
equal distribution of property.
 Over time, equity merged with common law but retained its
principles.
4. Substantive and Procedural Law:
 Substantive law defines legal rights and obligations.
 Procedural law governs the enforcement of substantive law.

Relationship between law, ethics, and attorneys:

1. Law, Ethics, and Attorneys:
 Ethics and law overlap but are not identical.
 Law is easier to enforce when viewed as moral.
 Businesses should consider societal and moral trends when
interpreting laws.
2. Codes of Ethics:
 Corporations and professional associations often adopt codes of
ethics.
  These codes emphasize honesty, transparency, loyalty, respect,
and obedience to the law.
 Noncompliance with codes may result in disciplinary action but
not criminal penalties.
3. Attorney Roles and Ethical Duties:
 Attorneys act as investigators, negotiators, advisors, and
advocates.
 They must maintain confidentiality, avoid conflicts of interest,
and ensure compliance with the law.
 Artificial intelligence is increasingly used in legal practice.

Attorney-client privilege, ethical conduct, and corporate social

responsibility:
1. Attorney-Client Privilege:
 Privilege protects client communications but may be waived in
extreme cases (e.g., preventing harm).
 The work-product doctrine offers broader protection than
attorney-client privilege.
2. Ethical Rules for Attorneys:
 Attorneys must:
 Handle cases competently.
 Advocate for clients without undermining the system.
 Keep clients informed.
 Abide by confidentiality rules.
 Withdraw from cases ethically when necessary.
3. Business Social Responsibility:
 Businesses are expected to act ethically, considering the
interests of all stakeholders (employees, customers, society).
 Approaches to social responsibility include:
 Shareholder Interest: Maximizing profits while acting
lawfully.
  Stakeholder Interest: Considering the impact on all
stakeholders.
 Corporate Citizenship: Taking proactive measures to
benefit society.

1. Attorney's Fees:
 Explains how attorney's fees are typically handled, emphasizing
that each party usually pays their own attorney unless otherwise
specified.
 Discusses retainer agreements, contingency fees, and the
importance of written agreements for clarity.
 Mentions the growing trend of reduced-fee or pro bono legal
services for those unable to afford representation.
2. Attorney/Client Relations:
 Highlights the importance of collaboration between attorneys
and clients.
 Discusses potential conflicts and the need for professional
advice.
 Emphasizes the value of attorneys in identifying legal challenges
that clients may not foresee.
3. Key Reminders:
 Attorneys serve multiple roles, including investigator, negotiator,
and advocate.
 The attorney-client privilege ensures confidentiality of
communications between the attorney and client.
4. Uniform Laws:
 Discusses the Uniform Commercial Code (UCC) as a significant
example of uniform laws in the U.S.
 Explains the UCC's role in reducing uncertainty in commercial
law.
Detailed overview of the Uniform Commercial Code (UCC) and legal
research:
1. Summary of UCC Coverage:
  Lists the articles of the UCC and their respective coverage areas:
 Article 1: General Provisions.
 Article 2: Sales.
 Article 2A: Leases.
 Article 3: Negotiable Instruments.
 Article 4: Bank Deposits and Collections.
 Article 4A: Funds Transfers.
 Article 5: Letters of Credit.
 Article 6: Bulk Sales.
 Article 7: Documents of Title.
 Article 8: Investment Securities.
 Article 9: Secured Transactions.
2. Notes on UCC:
 Explains that the UCC is not entirely uniform due to state-specific
adaptations.
 Mentions organizations like the National Conference of
Commissioners on Uniform State Laws (NCCUSL) and the
American Law Institute (ALI) that contribute to drafting and
recommending uniform laws.
3. Researching the Law:
 Discusses the importance of legal research for attorneys.
 Differentiates between statutory law, case law, and
Restatements of Law.
 Highlights the use of legal encyclopedias, textbooks, and online
resources for research.
Categories of law, legal concepts, and study terms:
1. Categories of Law via Examples:
 Provides six examples to illustrate different categories of law,
such as criminal, civil, private, procedural, statutory, and case
law.
2. Know the Concepts:
  Lists questions to test understanding of legal concepts, such as:
 Differences between common law and civil law.
 The importance of enforcement in law definitions.
 The role of procedural and substantive law.
 Ethical duties of attorneys.
3. Terms for Study:
 Includes a glossary of legal terms, such as:
 Attorney/client privilege.
 Case law.
 Civil law.
 Equity.
 Substantive law.
 Uniform Commercial Code.
PRACTICAL APPLICATION
This section presents five questions related to legal and moral dilemmas,
historical contexts, and legal principles:
1. Conflict Between Personal Morality and Law: How one would act
in societies like Nazi Germany (1937), Boston during the Boston Tea
Party (1773), or the Southern U.S. in 1850 when personal morality
conflicts with the law.
2. Right of Appeal: Whether one agrees with the law that a right to
appeal expires if a lawyer fails to file it within the specified time, even
if instructed to do so.
3. American Courts and the Justinian Code: Under what
circumstances an American court might consider the Justinian Code in
deciding a case.
4. Bernhard Goetz Case: Discussion of the morality and legality of
Goetz's actions in shooting four men who allegedly tried to rob him on
a New York subway in 1984.
5. Constitution of England: In what sense is the constitution of England
considered a "creature" of common law.
ANSWERS
This section provides explanations and insights into the questions posed in
the "PRACTICAL APPLICATION" section. It is divided into two subsections:
KNOW THE CONCEPTS
1. Common Law vs. Civil Law: Explains the emphasis of common law
on precedent and civil law on codified statutes.
2. Enforcement of Law: Discusses the importance of enforcing laws to
maintain societal respect for governance.
3. Improvement and Progress: Evaluates societal progress based on
principles like democracy and self-determination.
4. Personal Morality vs. Law: Highlights the challenges of balancing
personal morality with societal laws.
5. Sovereignty of States: Explains the rights of U.S. states to govern
themselves within constitutional limits.
6. Civil Law Flexibility: Discusses the flexibility of civil law in
comparison to common law.
7. Attorney-Client Privilege: Explains the limits of confidentiality in
legal practice.
PRACTICAL APPLICATION
1. Moral Conflicts: Discusses possible responses to moral conflicts
between personal beliefs and societal laws, such as acquiescence,
feigned ignorance, or patriotic activism.
2. Right of Appeal: Explains the procedural nature of appeal deadlines
and their fairness.
3. Justinian Code: Notes its influence on modern legal systems and its
relevance in specific cases.
4. Goetz Case: Analyzes the morality and legality of Goetz's actions,
distinguishing between moral justification and legal guilt.
5. English Constitution: Describes how the English constitution is
rooted in common law and historical documents like the Magna Carta.
2. Government Under Law
Key Terms
 Constitution: The supreme law of a nation, outlining the structure,
powers, and responsibilities of the government and guaranteeing rights
to the people.
 Statute: A law passed by the U.S. Congress or a state legislature.
 Ordinance: A law passed by a local government body addressing local
concerns.
 Rule: A regulation issued by a federal, state, or local agency to govern
specific procedures or conduct.
2. Sources of U.S. Law
There are eight sources of law in the United States:
1. The U.S. Constitution.
2. Federal statutes, executive orders, and treaties (including customs and
international law).
3. The 50 state constitutions.
4. State statutes and executive orders.
5. Local ordinances.
6. Rules and rulings of federal, state, and local agencies.
7. Decisions by federal and state courts.
8. Private laws and customs (e.g., contracts, leases, internal company
rules, and business traditions).
 Hierarchy: The first six sources are ranked by importance, with
agency and court actions found throughout the hierarchy.

3. The U.S. Constitution

 The U.S. Constitution is the supreme law of the land, outlining the
organization, powers, and limits of the federal government.
 Supremacy Clause: Found in Article VI, it ensures that federal laws
and treaties take precedence over state laws in areas of federal
jurisdiction. This concept is referred to as preemption.

Division of powers and checks and balances in the U.S. government:

1. Division of Powers Among Federal Branches:
 Describes the responsibilities of the legislative, executive, and
judicial branches.
 Legislative: Makes laws.
 Executive: Enforces laws and manages foreign/domestic affairs.
 Judicial: Interprets laws and ensures constitutionality.
  Mentions the principle of judicial review established in Marbury v.
Madison.
 Notes limitations of U.S. constitutional rights for non-citizens
outside the U.S.
2. The System of Checks and Balances:
 Explains how the Founding Fathers designed the government to
prevent excessive power in any branch.
 Provides examples of checks, such as the President's veto power
and Congress's ability to override vetoes.
 Includes an international comparison, noting that parliamentary
systems often have fewer checks and balances.
Federal statutes and the powers granted to Congress:
1. Federal Statutes:
 Congress has legislative powers granted by the Constitution,
either explicitly (enumerated powers) or implicitly (implied
powers).
2. Enumerated and Implied Powers:
 Discusses the "necessary and proper" clause, which allows
Congress to enact laws to fulfill its constitutional responsibilities.
 Mentions McCulloch v. Maryland, which upheld Congress's
implied powers.
3. Power to Regulate Interstate Commerce:
 Explains Congress's authority to regulate activities affecting
interstate commerce.
 Discusses the "affectation doctrine" and cases like Katzenbach v.
McClung and Wickard v. Filburn.
4. States' Rights:
 Highlights cases where the Supreme Court limited Congress's
power over commerce, such as U.S. v. Lopez.
5. Power to Tax:
 Explains Congress's taxing authority and its limits, referencing
cases like National Federation of Independent Business v.
Sebelius.
  Discusses invalidating taxes designed to punish rather than raise
revenue.
Power to Spend for the General Welfare:
 Congress has the implicit right to spend money for general welfare
purposes through its power to levy taxes.
 Congress can impose reasonable conditions on states, local
governments, corporations, and individuals to participate in spending
programs.
 The "carrot and stick" approach is used to encourage compliance with
regulatory schemes, such as revenue-sharing and eligibility
requirements.
 The Tenth Amendment reserves powers not delegated to the federal
government for the states or the people. However, this does not
prevent Congress from using national regulation ancillary to valid
spending or taxing measures.
 Example: In Helvering v. Davis (1937), the Supreme Court ruled that
the Social Security Act did not violate the Tenth Amendment.

Legislation to Protect Civil Liberties:

 The Fourteenth Amendment guarantees two fundamental rights: due
process and equal protection.
 It restricts governmental acts infringing on these rights and authorizes
Congress to enforce them through legislation.
 The courts play a significant role in enforcing these rights,
incorporating most of the Bill of Rights into the Fourteenth
Amendment's due process clause, making them applicable to states
and the federal government.
overview of the Bill of Rights Provisions and explains Due Process and
Equal Protection:
1. Bill of Rights Provisions:
 Lists the first ten amendments to the U.S. Constitution, including:
 First Amendment: Freedom of religion, speech, press,
assembly, and petition.
 Second Amendment: Right to bear arms.
  Third Amendment: Restrictions on quartering soldiers.
 Fourth Amendment: Protection against unreasonable
searches and seizures.
 Fifth Amendment: Rights related to due process, double
jeopardy, self-incrimination, and eminent domain.
 Sixth Amendment: Right to a fair trial in criminal cases.
 Seventh Amendment: Right to a jury trial in civil cases.
 Eighth Amendment: Protection against excessive bail,
fines, and cruel and unusual punishment.
 Ninth Amendment: Rights not explicitly stated are
retained by the people.
 Tenth Amendment: Powers not delegated to the federal
government are reserved for the states or the people.
2. Due Process and Equal Protection:
 The due process clause protects individuals from being deprived
of life, liberty, or property without fair procedures.
 Equal protection ensures no person is denied equal treatment
under the law.
 Corporations and individuals are covered under these provisions.
 The Fifth Amendment's due process clause applies to the federal
government, while the Fourteenth Amendment applies to states.
important U.S. Constitutional rights for businesses and individuals
and provides key examples:
1. Due Process:
 Protects individuals and businesses from arbitrary or excessive
punishment.
 Example: State Farm Mutual Automobile Insurance Co. v.
Campbell (2003) ruled that punitive damages must be
reasonable and proportionate.
2. Equal Protection:
 Landmark cases include Brown v. Board of Education (1954),
which outlawed racial segregation in schools, and Bush v.
 Gore (2000), which addressed equal protection in the 2000
presidential election.
3. Freedom of Expression:
 Commercial speech is protected but not as strongly as political
speech.
 Courts assess restrictions on speech based on factors like intent,
harm, and likelihood of harm.
4. Regulatory Takings:
 The government cannot take private property without just
compensation.
 Example: Lucas v. South Carolina Coastal Council (1992)
addressed regulatory takings that deprive property owners of all
economically viable use of their land.
5. State and Local Government Powers:
 States have broad powers to regulate land use and other local
matters, but these powers are limited by constitutional
protections.
Comparison : federalism, unitary systems, and confederacies
internationally:
1. Federal Systems:
 Countries like the U.S., Canada, Germany, and India have federal
systems where power is divided between national and
state/provincial governments.
 The division of power is formalized in the constitution, and
significant changes require mutual agreement.
2. Unitary Systems:
 Most countries, including France, Japan, and the UK, have unitary
systems where power is centralized in the national government.
 Local authorities may have delegated powers but operate under
the national government's control.
3. Confederacies:
 In a confederacy, member states retain significant sovereignty
and can secede from the union.
  Examples include the Articles of Confederation in the U.S. (1781–
89) and the European Union, which has some confederacy-like
characteristics.
state statutes, local ordinances, and administrative law. Key points
include:
1. State Statutes:
 State statutes are laws enacted by state legislatures.
 Powers are divided into:
 Federal Regulatory Power: Includes aviation, foreign
trade, patents, and copyrights.
 Overlapping Power: Includes securities, environmental
law, taxation, and consumer protection.
 State Regulatory Power: Includes agency, contracts,
insurance, corporations, and property.
 Courts determine the validity of state statutes by checking for
conflicts with federal law or Congressional intent to preempt
state legislation.
2. Two Types of Laws Prohibited:
 Ex post facto laws: Laws that retroactively criminalize actions.
 Bills of attainder: Laws targeting individuals for punishment
without trial.
3. Local Ordinances:
 Enacted by local legislative bodies (e.g., city councils).
 Address local concerns like zoning, parking, and safety.
4. Administrative Law:
 Agencies are granted authority to create rules and regulations.
 Agencies must comply with constitutional law, enabling acts, and
relevant statutes.
Administrative agencies and court decisions. Key points include:
1. Administrative Agencies:
 Agencies perform legislative, judicial, and executive functions.
  They create rules, investigate violations, and enforce regulations.
 Freedom of Information Act (FOIA): Allows citizens to access
federal agency records, with exceptions for privileged or
sensitive information.
 Agencies must follow:
 Constitutional law.
 Administrative procedures (e.g., Federal Administrative
Procedure Act).
 Their enabling acts.
 Their own rules.
2. Court Oversight:
 Courts can review agency actions for constitutionality, adherence
to enabling acts, and compliance with procedural rules.
 Agencies must publish proposed rules and allow public
comments.
3. Decisions by Federal and State Courts:
 Courts interpret statutes and establish precedents.
 Federal courts have limited jurisdiction, focusing on cases
involving federal law or disputes between states.
 The U.S. Supreme Court has original jurisdiction in specific
cases and appellate jurisdiction for appeals.
"Know the Concepts" section with questions to test understanding of legal
principles. Key questions include:
1. Describing the system of checks and balances among the three
branches of government.
2. Enumerating Congressional powers in the U.S. Constitution.
3. Identifying constitutional provisions granting Congress implied powers.
4. Determining the constitutionality of taxes.
5. Explaining Congress's use of spending power for national regulation.
6. Listing functions performed by administrative agencies.
7. Understanding standards for equal protection cases.
 8. Naming independent federal agencies.
9. Identifying cases under the U.S. Supreme Court's original jurisdiction.
10. Recognizing fundamental rights in the Fourteenth Amendment.

This section is designed to reinforce knowledge of U.S. legal systems and

principles.

1. Terms for Study:

 A list of legal and constitutional terms is provided, such as
"affectation doctrine," "appellate jurisdiction," "Bill of Rights,"
"checks and balances," "due process," "federalism," "judicial
review," and others. These terms are likely key concepts for
understanding constitutional law or government structure.
2. Practical Application:
 Five scenarios are presented, each involving legal or
constitutional issues. These scenarios are designed to apply the
listed terms and concepts to real-world or hypothetical
situations. Examples include:
 The constitutionality of a state law raising toll fees for out-
of-state trucks.
 A dissatisfied customer challenging a law affecting a
business.
 A town's board of commissioners addressing unionization.
 A state statute prohibiting businesses from contributing to
election campaigns.
 A business owner seeking to avoid publicity while pursuing
a favorable law.
 3. Answers Section:
 A brief explanation of key concepts is provided, such as:
 The powers of the executive, legislative, and judicial
branches.
 The regulation of foreign and interstate commerce.
 The "necessary and proper" clause.
 The validity of taxes as penalties.
1. Practical Application (Answers):
Detailed answers to the scenarios from the first image are provided:
 Scenario 1: The state's action violates the commerce clause and
the Fourteenth Amendment's guarantee of equal protection.
 Scenario 2: The law is challenged in court as an ex post facto law
and a bill of attainder, both prohibited by the Constitution.
 Scenario 3: Federal law preempts state or local laws regarding
unionization.
 Scenario 4: Law students lack standing to sue; businesses
affected by the statute must challenge it.
 Scenario 5: The rulemaking process may allow Scott to succeed,
but public opposition or legislative oversight could prevent it.

2. Legal Principles Discussed:

 Commerce Clause.
 Fourteenth Amendment (Equal Protection and Due Process).
 Federal preemption of state laws.
 Standing to sue.
 Rulemaking processes and administrative law.
Summary:
The two images provide a study guide for constitutional and administrative
law concepts. The first image introduces key terms and hypothetical
scenarios, while the second image provides detailed legal analyses and
answers to those scenarios. Together, they serve as a resource for
understanding and applying legal principles in practical contexts.
 3. The U.S. Court System and the
Legal Process
Key Terms
1. Jurisdiction: The authority of a court to hear and decide issues in a
case.
2. Pleadings: Written documents filed in court to initiate or respond to a
lawsuit.
3. Discovery: The pretrial process of gathering evidence from the
opposing party.
4. Trial: The formal process where a case is heard and adjudicated.

The Two Major U.S. Judicial Systems

The U.S. has two main court systems:
1. Federal Court System
2. State Court Systems

Structures of the Federal and State Court Systems

 The federal court system is hierarchical and includes:
 94 U.S. District Courts: These are trial courts with 677 judges.
 13 Geographic Circuits: Each circuit has a Court of Appeals.
  U.S. Supreme Court: The highest court in the federal system.
 Geographic Circuits and Principal Court Locations:
 First Circuit: Boston (covers Maine, Massachusetts, New
Hampshire, Puerto Rico, and Rhode Island).
 Second Circuit: New York City (covers Connecticut, New York,
and Vermont).
 Third Circuit: Philadelphia (covers Delaware, New Jersey,
Pennsylvania, and the Virgin Islands).
 Fourth Circuit: Richmond (covers Maryland, North Carolina,
South Carolina, Virginia, and West Virginia).
 Fifth Circuit: New Orleans (covers Louisiana, Mississippi, and
Texas).
 Sixth Circuit: Cincinnati (covers Kentucky, Michigan, Ohio, and
Tennessee).
 Seventh Circuit: Chicago (covers Illinois, Indiana, and
Wisconsin).
 Eighth Circuit: St. Louis (covers Arkansas, Iowa, Minnesota,
Missouri, Nebraska, North Dakota, and South Dakota).
 Ninth Circuit: San Francisco (covers Alaska, Arizona, California,
Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam,
and Northern Mariana Islands).
 Tenth Circuit: Denver (covers Colorado, Kansas, New Mexico,
Oklahoma, Utah, and Wyoming).
 Eleventh Circuit: Atlanta (covers Alabama, Florida, and
Georgia).
 D.C. Circuit: Washington, D.C. (handles cases involving federal
government agencies).

Supreme Court Review

 The Supreme Court reviews cases involving federal questions or
constitutional issues.
 A writ of certiorari is required for the Supreme Court to hear a case.
  The Supreme Court receives thousands of petitions annually but hears
only about 60 to 80 cases.
This image continues the discussion of the U.S. court system and focuses on
the following:
1. Federal and State Judges:
 Federal judges are appointed for life, with the option to go on
"inactive status" at age 70.
 State judges are usually elected or appointed for renewable
terms, with variations in election methods (e.g., contested or
retention elections).
2. Specialized Courts:
 Examples include federal bankruptcy courts and state courts for
small claims or specific litigants (e.g., orphans or landlords).
3. Jurisdictions of the Federal and State Court Systems:
 The concept of subject-matter jurisdiction is introduced,
which refers to a court's authority to decide specific types of
cases.
4. Diagrams:
 The image mentions diagrams that illustrate the structures of the
federal and state court systems, though these diagrams are not
visible in the provided image.
Overview of the Federal Judicial System
The diagram is hierarchical, starting with the Supreme Court at the top and
branching into various courts and judicial bodies below it.

1. Supreme Court
 Composition: 9 Justices.
 Position: The highest court in the federal judicial system.

2. U.S. Court of Appeals

 Two branches:
 U.S. Court of Appeals for the Federal Circuit:
  Handles cases involving:
 Patents.
 Money damages against the U.S.
 Government contracts.
 International trade.
 Federal personnel.
 Veterans' benefits.
 Other administrative claims.
 Cases are heard by three-judge panels.
 U.S. Court of Appeals (12 Circuits):
 Covers 12 circuits across the U.S. (First through Eleventh
Circuits, plus the D.C. Circuit).
 Three-judge panels hear most cases, not the entire circuit
court.

3. Lower Courts and Agencies

 U.S. District Courts:
 Serve as trial courts for federal cases.
 U.S. Tax Courts:
 Review IRS decisions.
 U.S. Administrative Agencies:
 In some cases, appeals go to U.S. District Courts instead of
circuit courts.
 U.S. Court of International Trade:
 Handles cases related to international trade.

4. Specialized Courts
 U.S. Court of Federal Claims:
 Handles cases involving:
  Contract disputes.
 Patent and trademark issues.
 Federal employee claims (excluding discrimination).
 Merit Systems Protection Board cases.
 U.S. Bankruptcy Courts:
 Handle bankruptcy cases.
 U.S. Magistrate Judges:
 Assist district courts with preliminary matters.
Key Notes
 The structure emphasizes the hierarchical and specialized nature of the
federal judicial system.
 Each court or agency has specific jurisdictions and responsibilities.
This information above provides a clear and concise overview of how the
federal judiciary operates, from the Supreme Court down to specialized
courts and agencies.
information about the U.S. federal judiciary system, including the roles of
various courts, administrative agencies, and officials. Below is a summary of
the key points:
Key Information:
1. Appeals from State Courts:
 Appeals from the highest state courts may be heard by the U.S.
Supreme Court.
2. Federal Administrative Agencies:
 Although not part of the federal judiciary, federal administrative
agencies are included in this context because appeals from their
decisions go to federal courts.
3. Rare Appeals from U.S. District Courts:
 In rare cases, appeals from U.S. District Courts go to the U.S.
Court of Appeals for the Federal Circuit.
 These cases are appealed to either the Equal Employment
Opportunity Commission or U.S. District Courts.
 4. Officials Overseeing Administrative Tasks:
 Over 600 officials are appointed (usually for 8-year terms) by
votes of District Court judges.
 These officials oversee the processing of criminal cases and
other administrative tasks.
5. Courts Not Under Article III of the Constitution:
 Some courts, such as the U.S. Tax Court, U.S. Courts of Federal
Claims, U.S. District Courts in territories (e.g., Guam, Virgin
Islands, Northern Mariana Islands), and U.S. Bankruptcy Courts,
are not Article III courts.
 These courts often have long judicial terms (e.g., 15 years).
6. Article III Courts:
 Article III courts include:
 U.S. Supreme Court
 U.S. Courts of Appeals (12 Circuits and the Federal Circuit)
 U.S. District Courts in the 50 states, District of Columbia,
and Puerto Rico
 U.S. Court of International Trade (9 judges)
 Judges in Article III courts have lifetime appointments and can
only be removed through impeachment.
This text provides an overview of the structure and functioning of the federal
judiciary system, highlighting the roles of different courts and officials.
Outlining the structure of a typical state judicial system in the
United States.
It provides a hierarchical flow of courts, starting from the lowest level to the
highest level:
1. Lower Trial Courts (Nonjury—Limited Jurisdiction):
 Handles cases with limited jurisdiction.
 Usually presided over by judges, justices of the peace, or
magistrates.
2. Trial Courts (General Jurisdiction):
 Divided into Law and Equity courts.
  These are the main trial courts in most states, often called Circuit
Courts, District Courts, or Superior Courts.
3. Intermediate Appellate or Reviewing Courts:
 Found in 42 of the 50 states.
 Typically consists of panels of 3 judges.
 States without these courts include Delaware, Maine, Montana,
New Hampshire, Rhode Island, South Dakota, Vermont, and
Wyoming.
4. Highest-Level Appellate Court:
 The state’s highest court, often called the State Supreme Court,
Court of Appeals, or Supreme Judicial Court.
 Typically consists of 5 to 9 judges.

Breakdown of specialized courts within the state judicial system. These

courts handle specific types of cases and are often part of the lower trial
courts. The structure includes:
1. Specialized Courts:
 Housing (Rent) Courts: Deals with landlord-tenant disputes.
 Small Claims Courts: Handles cases with monetary limits
(varies by state, typically $2,500 to $25,000, with usual limits of
$5,000 to $10,000).
 Probate (Orphan’s) Courts: Manages wills, estates, and
guardianships.
 County or Municipal Courts: Handles local disputes and
ordinances.
 Juvenile Courts: Focuses on cases involving minors.
 Domestic Relations Courts: Deals with family matters like
divorce and custody.
2. Criminal and Traffic Courts:
 Criminal Courts: Handles serious criminal cases, often referred
to general jurisdiction trial courts for major offenses.
 Traffic Courts: Deals with traffic violations and related offenses.
oOverview of legal concepts related to jurisdiction in the U.S. legal system.
Key points include:
1. Subject-Matter Jurisdiction:
 Federal courts are limited to cases explicitly placed under their
jurisdiction by the U.S. Constitution or federal statutes.
 Federal courts handle cases involving federal questions (e.g.,
constitutional issues, treaties) and diversity jurisdiction (cases
between citizens of different states).
2. Diversity Jurisdiction:
 Requires complete diversity (all plaintiffs must be from different
states than all defendants).
 The amount in controversy must exceed $75,000.
 Corporations are considered citizens of both their state of
incorporation and their principal place of business.
3. Personal (In Personam) Jurisdiction:
 Judicial power over the parties in a case.
 Personal jurisdiction depends on:
 The defendant being properly served.
 The defendant having sufficient ties to the state where the
lawsuit is filed.
 Long-Arm Statutes: Extend jurisdiction over individuals or
corporations conducting business in the state.
4. Venue:
 Refers to the proper location (county or district) for a trial.
 Venue is based on convenience and the location of the parties or
events.
5. Conflict of State Laws:
 Courts apply their own procedural laws but may need to apply
another state’s substantive laws in certain cases.
Conflict of laws, extradition, and the Full Faith and Credit Clause:
1. Conflict of Laws:
  Courts may need to decide which state’s laws apply in cases
involving multiple jurisdictions.
 For torts, the law of the state where the injury occurred is usually
applied.
 For contracts, courts often look to the law intended by the
parties.
2. Choice-of-Law Provisions:
 Courts generally honor contractual choice-of-law clauses unless
they violate public policy.
 Exceptions include prohibitions on non-compete agreements,
unconscionability, and bankruptcy laws.
3. Extradition:
 The process of sending an accused person to the jurisdiction
where the crime was committed.
 Factors include treaty obligations, the status of the accused, and
differences in legal systems.
4. Full Faith and Credit Clause:
 Article IV, Section 1 of the U.S. Constitution requires states to
honor the public acts, records, and judicial proceedings of other
states.
 This ensures judgments are respected across state lines.
Taking a case to court and the roles of parties in a lawsuit:
1. Taking a Case to Court:
 A plaintiff must file a lawsuit in an appropriate court and follow
procedural rules.
 Federal and state courts have distinct procedural rules, and
appellate courts differ from trial courts.
 Criminal and civil cases follow different rules.
2. Parties to a Lawsuit:
 The plaintiff initiates the lawsuit.
 The defendant is the person being sued.
  In equity cases, the parties are referred to as
the petitioner and respondent.
 Criminal cases are brought by the state or government on behalf
of the public.
Summary
The information above collectively provides a comprehensive understanding
of jurisdiction, venue, conflict of laws, and procedural rules in the U.S. legal
system. They explain how courts determine jurisdiction, apply laws across
states, and handle lawsuits.
Overview of pleadings in a legal context, specifically focusing on the
complaint filed by a plaintiff in a lawsuit. Key points include:
1. Structure of a Complaint:
 The complaint outlines the plaintiff's claims against the
defendant.
 It includes jurisdiction, venue, facts of the case, and the relief
sought (e.g., damages).
2. Example Complaint:
 A sample complaint is provided, where "Paul Plaintiff" sues "Doris
Defendant" for breach of contract involving a $29,000
transaction for computers and software. Doris made only one
payment of $2,000 and refused to pay the remaining amount.
3. Service of Process:
 The document explains how the defendant is served with the
complaint and summons, including traditional methods (e.g.,
personal delivery) and electronic service of process (e-service).
 It mentions international service under the Hague Service
Convention for cross-border cases.
4. Defendant's Response:
 The defendant must file an answer to the complaint within a
specified time, or the plaintiff may win by default.
Defendant's response to a complaint and the concept of affirmative
defenses. Key points include:
1. Defendant's Answer:
 The defendant admits or denies each allegation in the complaint.
 An example answer is provided, where Doris Defendant admits
some facts (e.g., receiving the computers) but denies owing
money to the plaintiff.
2. Affirmative Defenses:
 These are additional facts or legal arguments that, if proven,
defeat the plaintiff's claim even if the allegations are true.
 Examples include:
 No contract existed.
 The plaintiff failed to deliver goods as promised.
 The court lacks jurisdiction.
3. Amendments and Counterclaims:
 The document explains that complaints or answers can be
amended under certain conditions.
 Defendants may file counterclaims, cross-claims, or third-party
claims to bring additional parties into the lawsuit.

class actions, a type of lawsuit where a group of individuals with similar

claims sues collectively. Key points include:
1. Requirements for Class Certification:
 Under Rule 23(b), a class action must meet four criteria:
 Numerosity: The class is large enough to make individual
lawsuits impractical.
 Commonality: Common legal or factual issues exist
among class members.
 Adequacy: Representatives protect the interests of the
class.
 Typicality: Claims or defenses are typical of the class.
 2. Examples and Legal Precedents:
 The image references a case involving Wal-Mart employees,
where the U.S. Supreme Court denied class certification due to
insufficient commonality.
3. Class Action Fairness Act (CAFA):
 This act governs federal jurisdiction over class actions,
particularly those involving large sums or parties from different
states.
4. Class Actions in Europe:
 Some countries (e.g., Germany, the Netherlands) allow
representative cases similar to class actions, but the approach
varies by jurisdiction.
Trial Process:
 After jury selection, attorneys present opening statements.
 The plaintiff presents their case first, followed by the defendant.
 Direct and cross-examinations of witnesses occur.
 Evidence, including documents and exhibits, is presented.
Federal Rule of Civil Procedure 50:
 Allows motions for a directed verdict or judgment
notwithstanding the verdict.
 The standard for granting these motions is high.
Burden of Proof:
 The plaintiff must prove their case by a "preponderance of the
evidence" in civil cases.
 In criminal cases, the standard is "beyond a reasonable doubt."
Types of Evidence:
 Direct Evidence: Based on firsthand knowledge (e.g., eyewitness
testimony).
 Circumstantial Evidence: Suggests facts indirectly.
 Documentary Evidence: Governed by the "Best Evidence Rule."
Types of Witnesses:
  Eyewitnesses, character witnesses, and expert witnesses.
expert witness rules, post-trial motions, appeals, and enforcement
of judgments. Key points include:
 Expert Witness Rules:
 Governed by Federal Rules of Evidence 702, 703, and 704.
 Experts must have "knowledge, skill, experience, training, or
education."
 Experts can provide opinions based on facts, data, or personal
knowledge.
 Rule 704 prohibits opinions on a criminal defendant's mental
state.
 Motions After Trial:
 A motion for judgment notwithstanding the verdict (J.N.O.V.) can
be filed if the jury's verdict lacks sufficient evidence.
 New trials may be requested for reasons like errors in law,
insufficient evidence, or newly discovered evidence.
 The Appeal:
 Appeals are reviewed by appellate courts, which focus on legal
errors rather than factual disputes.
 Appellate courts may affirm, reverse, or remand cases.
 Enforcement of Judgments:
 Winning parties can use debt-collection methods to enforce
monetary judgments.
key legal procedures and discusses out-of-court dispute resolution
methods. Key points include:
 Important Pleadings:
 Complaint, answer, motion to dismiss, counterclaim, and motion
for summary judgment.
 Discovery methods include depositions, interrogatories, requests
for admission, and document production.
 Summary Judgment:
 Can be granted when there is no genuine issue of material fact.
  Appeals:
 Appellate courts review legal issues, not factual disputes.
 Appeals may result in affirming, reversing, or remanding the
case.
 Out-of-Court Dispute Resolution:
 Alternative Dispute Resolution (ADR) methods include mediation
and arbitration.
 ADR is encouraged to save time and costs and maintain
relationships.
 ADR is often used in administrative disputes and private cases.
Mediation and Arbitration as methods of dispute resolution. Here's a
summary:
Mediation:
 Definition: A third party (mediator) helps disputing parties settle a
case. Mediators cannot impose a settlement but facilitate discussions
to reach an agreement.
 Applications: Commonly used in labor disputes, consumer
complaints, and informal dispute resolution systems.
 Key Features:
 Mediators assist in clarifying issues, understanding perspectives,
and evaluating solutions.
 Mediation is often mandated before lawsuits in some cases (e.g.,
breach of warranty).
Arbitration:
 Definition: A process where an arbitrator has the power to make a
final, binding decision. It is a shorter and cheaper alternative to
litigation.
 Key Points:
 Arbitration is often required by contract or statute.
 Courts generally compel parties to arbitrate if agreed upon in
contracts.
 The Federal Arbitration Act (FAA) governs arbitration in the U.S.
  Arbitration decisions are binding and enforceable under the UN
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards.
 Legislation:
 State laws vary in their approach to arbitration.
 Agreements to arbitrate must be in writing and binding.
 Arbitration awards must comply with statutory rules to be
enforceable.
Arbitration Appeals and Administrative Agency Proceedings.
Arbitration Appeals:
 Grounds for Appeal: Limited to cases where:
1. Arbitrators exceeded their authority.
2. Arbitrators failed to follow statutory requirements.
3. The award was fraudulent or biased.
 Business-to-Business Arbitration: Optional procedures, such as
appellate panels, are available to review arbitration awards.
 Key Reminder: Arbitration decisions are final and less susceptible to
reversal than court judgments.
Administrative Agency Proceedings:
 Definition: Agencies exercise quasi-judicial functions, such as holding
hearings and making decisions that affect "life, liberty, or property."
 Examples:
 Revocation of licenses.
 Termination of welfare or social security benefits.
 Parental custody rights.
 Process:
 Agencies follow relaxed rules of evidence.
 Administrative law judges (ALJs) conduct hearings.
 Appeals are allowed only after exhausting all administrative
remedies.
Inquisitorial Approach and the Adversarial Model in legal systems.
Inquisitorial Approach:
 Definition: Common in Civil Law nations, where judges actively
investigate facts and interrogate witnesses.
 Key Features:
 Judges play a central role in finding and developing facts.
 Federal Rule of Civil Procedure 53 allows judges to appoint
special masters for assistance.
Adversarial Model:
 Definition: Common in Common Law nations (e.g., the U.S.), where
attorneys present and develop facts.
 Key Features:
 Lawyers represent opposing sides and present evidence.
 Criticized for being resource-intensive and potentially unfair due
to unequal resources.
Key Reminder:
 The Fifth and Fourteenth Amendments require notice and a hearing
before depriving a person of liberty or property.
 Administrative remedies must be exhausted before judicial review.
How Cases Are Cited:
 Explains the citation format for U.S. Supreme Court cases, Federal
Court of Appeals cases, and state appellate court cases.
 Example: The citation for Marbury v. Madison is broken down to explain
the volume, reporter, page number, and year of the decision.
 Mentions the Federal Reporter (F., F.2d, F.3d) and Federal Supplement
(F. Supp., F. Supp. 2d) for federal court opinions.
 Discusses the National Reporter System for state appellate court cases,
divided into regional reporters (e.g., Atlantic, North Eastern, Pacific).
Key Reminder:
 Published opinions by U.S. Supreme Court, federal circuit courts of
appeals, federal district courts, and state appellate courts are cited in
specific reporters.
Know the Concepts:
 Lists questions to test understanding of basic legal concepts, such as:
 The three main levels of courts in the federal system.
 Differences between trial and appellate courts.
 Key constitutional questions about personal jurisdiction.
 Substantive law issues in tort cases.
 General order of pleadings before a trial.
 Methods of discovery, burden of persuasion, and burden of coming
forward.
 Differences between mediation and arbitration.
 Examples of administrative deprivations of liberty or property.
Terms for Study:
 Provides a glossary of legal terms, such as "Administrative Procedure
Act," "arbitration," "diversity jurisdiction," "motions," "summary
judgment, " "voir dire", "Conflict of laws," "counterclaim," "defendant,"
"deposition," "discovery," "diversity jurisdiction," "exhaustion of
remedies," "grand jury," "interrogatories," "jurisdiction," "motions,"
"personal jurisdiction," "plaintiff," "pleadings," "summary judgment,"
"trial," and "venue."
Practical Application:
Presents scenarios to apply legal knowledge, such as:
 A contract dispute involving parties from different states.
 Jurisdictional issues and conflict of laws.
 Standards for granting summary judgment.
 Administrative law judge (ALJ) decisions and procedural fairness.
Answers to "Know the Concepts":
 The three main levels of courts in the federal system: district
courts, circuit courts, and the U.S. Supreme Court.
 Differences between trial and appellate courts.
 Key constitutional questions about personal jurisdiction.
 Substantive law issues in tort cases.
 General order of pleadings before a trial.
 Methods of discovery and burden of persuasion.
 Differences between mediation and arbitration.
  Examples of administrative deprivations of liberty or property.
Case Citation Example:
Explains the citation for Brown v. Board of Education: Volume 347 of
the U.S. Reports, starting at page 483, decided in 1954.

Key Topic:
1. Jurisdiction in Massachusetts Courts:
 The case discusses whether Susie can sue in Massachusetts if
the alleged contract was worth more than $75,000 (diversity
jurisdiction).
 It examines whether Hap, the defendant, is subject to
Massachusetts jurisdiction, considering factors like long-arm
jurisdiction and the location of the contract.
2. Full Faith and Credit Clause:
 The Massachusetts judgment is entitled to "full faith and credit"
under the U.S. Constitution.
3. Summary Judgment Standards:
 Summary judgments are granted only if there is no genuine issue
of material fact and the moving party is entitled to judgment as a
matter of law.
4. Suspension of State Licenses:
 The text discusses the suspension of a state license and the due
process required before such actions are taken.
5. Exhaustion of Administrative Remedies:
 The document highlights the importance of exhausting
administrative remedies before proceeding to court, though
some courts may waive this requirement.
6. ALJ (Administrative Law Judge) Discretion:
 ALJs have discretion in cases involving administrative law,
including the ability to weigh evidence and make findings of fact.
7. Federal Arbitration Act (FAA):
  The FAA's application to arbitration agreements is discussed,
including its preemption of state laws that conflict with
arbitration agreements.
8. Case Law References:
 The text references several legal cases and precedents, including
Erie Railroad Co. v. Tompkins and cases involving arbitration
clauses.
9. Practical Legal Considerations:
 The document provides practical advice for litigants, such as
estimating damages, understanding jurisdictional issues, and
navigating arbitration clauses.
10. Atlantic Reports Citation:
 The text refers to volume 636 of the Atlantic Reports for
additional case law.