Fundamental Legal Principles and Court Systems
Foundations of Law and Legal Rights
Law is the order or pattern of rules that society uses to govern the conduct of individuals and their relationships. It consists of a body of principles that govern conduct and can be enforced in courts or administrative agencies; it is also referred to as a bundle of rights.
Rights represent the legal capacity to require another person to perform or refrain from performing an act. Rights originate from the Constitution, state constitutions, federal and state statutes, regulations, and local ordinances at the city, county, and borough levels.
Duty is an obligation of law imposed on a person to perform or refrain from performing a certain act.
Right of Privacy is the right to be free from unreasonable intrusion by others, which relates to the 4th Amendment. An officer cannot inspect a home unless they have reasonable suspicion. This right has two components: 1) being secure against searches and seizures, and 2) protection from intrusion by others.
Subpoenas are written orders to make someone attend court.
Sources and Types of Law
Constitution: A body of principles that establishes the structure of a government and the relationship of that government to the people who are governed.
Statutory Law: Includes legislative acts declaring, commanding, or prohibiting something. Both Congress and state legislatures enact statutory law.
Private Law: Rules and regulations parties agree to as part of their contractual relationships.
Case Law: Laws found in judicial decisions; it clarifies the meaning of statutes or provides statutory interpretation.
Precedent: A decision of a court that stands as the law for a particular problem in the future.
Stare Decisis: Meaning “let the decision stand,” this is the principle that the decision of a court should serve as a guide and control the decision of a similar case in the future.
Common Law: A body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. These have been around for years or centuries.
Uniform State Laws: These regulate the sale and lease of goods, ensuring the same principles of law in most of the 50 states to make doing business easier.
Classifications of Law
Substantive and Procedural Law
Substantive Law creates, defines, and regulates rights and liabilities. This law determines when a contract is formed (e.g., involving minor, moderate, or extreme injury reaching the point of death).
Procedural Law specifies the steps that must be followed in enforcing those rights and liabilities. Once a contract is formed, you have rights to enforce that contract and must take steps through the court to recover from a breach (moving from point A to point B).
Criminal and Civil Law
Criminal Law defines wrongs against the state or society; violations carry fines and imprisonment as penalties. Individuals are charged with violations of federal law and can go to jail, unlike in civil law.
Civil Law defines the rights of one person against another or a corporation. It carries damage remedies for the wronged individual. Civil laws provide that, in addition to taking care of your wrong to society, you are responsible for your wrong to the individual (such as a pedestrian) and will be liable for damages.
The Court System and Jurisdiction
A Court is a tribunal established by the government to hear evidence, decide cases brought before it, and provide remedies when a wrong has been committed. It decides matters properly brought to it.
Types of Jurisdiction
- Original Jurisdiction: Authority to hear a controversy when it is first brought to court.
- General Jurisdiction: Power to hear and decide most controversies involving legal rights and duties.
- Limited or Special Jurisdiction: Authority to only hear particular kinds of cases, with damages often ranging from $10,000 to $50,000.
- Appellate Jurisdiction: Reviews the work of a lower court.
Federal and State Courts
Federal District Courts are the general trial courts of the federal system. They are courts of original jurisdiction that hear both civil and criminal matters. Civil cases brought in these courts include: civil suits in which the U.S. is a party, cases between citizens of different states involving damages of $75,000+, and cases arising under the U.S. Constitution or federal laws and treaties.
Small Claims Courts are county or city-level courts. They have limited jurisdiction where parties with small amounts in dispute may have a third party resolve the issue.
State Appellate Courts are intermediate-level courts similar to federal courts of appeals. They review the decisions of lower courts in that state.
State Supreme Courts are the highest courts in most states. They primarily have appellate jurisdiction, though some state courts do have original jurisdiction. They use a screening process for cases and hear some cases involving the death penalty. A Court of Appeals can be an even higher court level in large jurisdictions; it can affirm rulings and other actions of the previous courts.
Courtroom Parties and Procedures
Key Figures in Court
- Plaintiff: The party that initiates proceedings in a court of original jurisdiction or initiates a lawsuit.
- Prosecutor: The party who originates a criminal proceeding.
- Defendant: The party charged with a violation of civil law or a criminal offense in a proceeding.
- Judge: The primary officer of the court; an elected or appointed official who presides over matters brought before the court.
Legal Protections and Discovery
Attorney-Client Privilege: The right of an individual to have discussions with their attorney kept private and confidential. Lawyers cannot disclose what their clients tell them unless the client is committing or plans to commit a crime.
Deposition: The testimony of a witness taken under oath outside the courtroom, transcribed by a court reporter. Each party is permitted to question the witness.
Motion for Summary Judgement: A request that the court decide a case on the basis of law because there are no material issues of fact.
Witness Examination and Enforcement
Direct Examination: The examination of a witness by his or her own attorney.
Cross-Examination: The examination of a witness by the attorney for the adverse party.
Redirect Examination: Questioning after cross-examination; the attorney for the witness may ask questions to overcome the effects of the cross-examination.
Recross-Examination: Examination by the opposing attorney that follows the redirect examination.
Garnishment: The name given in some states to attachment proceedings for satisfying a judgement.
Arbitration: The settlement of disputed questions of law or fact by one or more arbitrators whose decision the parties agree to be bound by. This enables parties to present facts before trained experts familiar with industry practices.
Criminal Case: A case that starts between the state and a defendant, representing an action against the state, society, or the people, filed by the prosecutor’s office.