body of law developed from custom or judicial decisions in English and US courts and not by a legislature

• All 50 states are common law expect LA

• Reliance on statues or codes
• Code of Napolean and Roman Code
• Case law still plays a significant role

• States were independent of each other at time of revolution

• Balance of power

• To avoid power similar to the King

• Federal government

• State government

• County government

• Municipal government

• Strong central government necessary for matters of national concern

• Prevented the 13 colonies from acting completely independently

• Too much power to centralized government

• Just fought a revolution against a king

• Only court established by Constitution

• All other courts established by legislature

• Judges in the federal system are appointed by the President

• 8 Associates Justices, 1 Chief Justice (equal votes)

• Stay on court during “good behavior” aka: life or retirement

• Each assigned to a circuit

• Federal question

• Diversity

• Concurrent

• Exclusive

- Federal Question

- US Constitution

- US Code

- US Treaty 

- diversity

- between citizens of different states

- citizens of different states or countries (MUST be over $75K)

• Supreme Court

• Appellate Courts “Circuits”

• Trial Courts “Districts”

• At least one in each state

• Each has a bankruptcy court

• Trial courts

• 3 in Illinois (Northern, Central, Southern) Northern is at Dirksen Federal Building

• 13 Circuit Courts

• Appeals heard by a new judge

• Review cases, but not a re-trial

• No additional witnesses or evidence – record only

• Very limited appellate jurisdiction

• Appellate jurisdiction for lower federal court OR • Highest state court with federal question

• No right to be heard

• Writ of “cert”

• Petition for writ of cert is asking court to hear case

• “compelling reason”

• Usually resolve conflict in circuits

• Tax courts

• International trade

• Federal claims

• Names vary from state to state

• Trial Court

• Appellate Court (right to appeal)

• Final appeal may occur (court uses discretion)

• Highest courts also have different names

• No re-trial

• Not a substitution for a jury

• No new evidence

• Two-chamber legislature

• Chief function is law-making

• 100 in Senate, 243 in HOR

• Framers thought that most legislation would come from HOR

• House is more representative of country’s population and desire

• Constitution provides that only HOR can originate revenue-raising bills

• A proposed law

• If originated in HOR – “H.R.”

• If originated in Senate – “S”

• Bills are always sequential

• After numbered, it is printed in slip form and given to each rep. and appropriate committee

• Can go to multiple committees

• Committee places bill on calendar

• Committee may ask for comments on bill

• May have hearings and seek expert comment

• Report (recommend) the bill without any revisions

• Report bill with revisions

• Table bill (which kills it)

A written statement which explains the purpose and the intent of the bill and why it has been approved or modified MOST VALUABLE ELEMENT OF LEGISLATIVE HISTORY

• Used by courts, executive departments, and public as source of meaning and purpose of law

Returned to the chamber where it came from

Scheduled for debate on the floor of the HOR or S

After debate, vote by electronic device.

After it passes one chamber, it is sent to another.

Bill likely sent to another committee, which comments on it.

If the second chamber passes the identical version, it goes to the President for signature.

• If the second chamber passes a different version , it is sent to conference, which is to reconcile different versions.

• After conference, the conferees issue a report, which is voted on by both HOR & S

• It is printed, certified as correct, and signed by the Speak of the House & VP

• Bill is sent to the President for signature

• Sign it “approved” and it becomes law

• Fail to act in 10 days and it becomes law UNLESS Congress is adjourned, then it dies (pocket veto)

• veto

It is published in the form of a pamphlet or a single sheet known as a slip law.

It is assigned a number in sequential order.

Example: Pub. L. 008-120 is the 120th public law enacted in the 108th Congress

• The code only recites the exact text of a statute without comment regarding to law or any cases that may have interpreted it

• Arranged into 50 categories or “titles”

• Process of enacting and publishing legislation at the state level is very similar to the federal

• Most states, except NE, have two chambers

U.S. Constitution

Supremacy Clause

Bill of Rights

1st Amendment

Bill of Rights

2nd Amendment

Bill of Rights

3rd Amendment

Bill of Rights

4th Amendment

Bill of Rights

5th Amendment

guarantees the rights to indictment by grand jury and to due process of law and prohibits compulsory self-incrimination and double jeopardy

prohibits the taking of private property for public use without just compensation

Bill of Rights

6th Amendment

guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and the right to counsel

The accused has the right to cross-examine witnesses against him and to solicit testimony from witnesses in his favor.

Bill of Rights

7th Amendment

Bill of Rights

8th Amendment

Bill of Rights

9th Amendment

Bill of Rights

10th Amendment

legislative branch (Congress) - makes the laws

executive branch - enforces the laws

judicial branch - interprets the laws

U.S. Constitution

Commerce Clause

A federal or state government agency established to perform a specific function.

Authorized by legislative acts to make and enforce rules relating to the purpose for which they were established

Rulemaking

Investigation and Enforcement

Adjudication

doctrine of precedent, under which a court is obligated to follow earlier decisions of that court or higher courts within the same jurisdiction

defining characteristic of common law

Any source of law that a court must follow when deciding a case.

• Constitutions
• Statutes
• Court decisions that are controlling precedents within the jurisdiction

A court in which the only remedies that could be granted were things of value, such as money damages. 

In early England, courts of law were distinct from court of equity.

General statements of rules of law that are frequently involvede in equity jurisdiction.

1. Whoever seeks equity must do equity.
2. One who seeks the aid of an equity court must come to the court with clean hands.
3. Equity will not suffer a right to exist without a remedy.
4. Equity regards substance rather than form.
5. Equity aids the vigilant, not those who slumber on their rights.

Equitable Remedies

Specific Performance

Equitable Remedies

Recission

Equitable Remedies

Injunction

• punish v. make whole again
• charged with a crime v. sued for a tort
• statutory law v. COA by case law
• state prosecutes cases (prosecutor) v. private party litigates (plaintiff)
• arrest warrant v. summons
• indictment v. complaint
• beyond a reasonable doubt v. preponderence of evidence conviction/jail v. judgment/money damages