Types of Authority

Authority that is composed of the law itself (e.g.,

constitutions, statues, and court opinions). All case
law is primary authority. 2 types: Primary
persuasive = outside jurisdiction. Primary
Mandatory authority = inside jurisdiction.
SECONDARY
Any source of law a court may rely on that is not
AUTHORITY
the law (e.g., legal treatises, American Law Reports
(A.L.R.) Restatements of the law, and legal
encyclopedia)
Role of Authority
MANDATORY
Any authority or source of law that a court must
AUTHORITY
rely on or follow when reaching a decision (e.g., a
decision of a higher court in the jurisdiction on the
same or a similar issue).
PERSUASIVE
Any authority a court is not bound to consider or
AUTHORITY
follow, but may consider when reaching a decision
(e.g., a decision of a court in another state on the
same or a similar issue, secondary authority, etc.).
(Can follow but dont have to)
PRECEDENT goes hand in hand with STARE DECISIS.
PRECEDENT - An earlier court decision on an issue that applies to govern
or guide a subsequent court in its determination of an identical or similar
issue based upon identical or similar facts.
STARE DECISIS: The doctrine providing that precedent should be
followed. Doctrine that requires to follow previous decision of a court with
primary authority. Follow that which comes before
Sources of Law
COMMON LAW Judge created law when there is no existing statutory
authority.
CASE LAW Laws created when courts interpret or apply enacted law.
ENACTED LAW - The body of law adopted by the people or legislative
bodies, including constitutions, statutes, ordinances, and administrative
rules and regulations
PRIMARY
AUTHORITY

JURISDICTION - The courts authority to hear and resolve specific disputes

Personal jurisdiction is the courts authority over the parties to resolve a
legal dispute; can waive by not challenging. Personal jurisdiction: authority
to bring someone to a court availed themselves to the rights and protection
of the state
Subject matter jurisdiction is the courts authority to hear the type and
kind of cases brought before it; cannot waive! (e.g. bk, small claims).
The trial court at the federal level is the district court.
COURT SYSTEMS 3 tier
LEVEL
FEDERAL
STATE of CA
HIGHEST
U.S. Supreme Court
CA Supreme Court
APPEALS COURT
Courts of Appeals of 6 District Courts of
reviews what took
U.S. & DoC
Appeal.
place in trial court
Courts of Appeals
Orange County is in
*4 issues see next pg
for the Federal Circuit the 4th district
TRIAL COURTS
District Court
Superior Court
JURY TRIALS: If trial is conducted before a judge and jury, the judge
decides the questions of law and jury decides questions of fact.
BENCH TRIAL: if a trial is conducted without a jury, the judge decides
both questions of law and questions of fact.
Questions of fact: relate to who what when where why what
happened? What the judge or jury believes occurred

Administrative Law: Rules, regulations, orders, and

decisions adopted by administrative agencies, which
have the authority of law.
Authority: Anything a court may rely on when
deciding an issue; includes the law, such as
constitutions and statutes, and nonlaw sources, such
as legal encyclopedias and treatises.
Concurrent Jurisdiction: When more than one court
has authority to deal with the subject matter of a
case.
Constitution: A governing document adopted by
people that establishes the framework for the
operation of the government, defines the
government, and guarantees the fundamental rights
of the people. State constitution can give more
rights to an individual as opposed to the federal.
Court of Appeals: A court that reviews the decision
of a trial court or other lower court to determine and
correct any error that may have been made.
Generally, hears errors of law. Reversible/prejudicial
error: changes the outcome. Harmless error: does
not change the outcome.
District Court: In many states, the trial court of
general jurisdiction.
Law: The enforceable rules that govern individual
and group conduct in a society. The law establishes
standards of conduct, the procedures governing
standards of conduct, and the remedies available
when the standards are not adhered to.
Opinion: The written statement by a court
expressing how it ruled in a case and the reasons for
its rulings.
Questions of Fact: An issue of fact, not law. A
question of fact is resolved by a trier of fact, i.e. a
jury or, at a bench trial, a judge, weighing the
strength of evidence and credibility of witness.
Jurors look at the facts and decide how it applies to
the law.
Questions of Law: An issue that is always resolved
by a judge, not a jury, including: 1) an issue
regarding the application or interpretation of a law.
2) An issue regarding what the relevant law is
relevant
Secondary Authority: Any source of law a court may
rely on that is not the law (e.g., legal treatises,
Restatements of the law, and legal encyclopedias).
Not the law.
Statutes: Laws passed by legislative bodies that
declare rights and duties, or command or prohibit
certain conduct.
Subject Matter Jurisdiction: The types or kinds of
cases the court has the authority to hear and decide.
Trial Court: The court where a matter is heard and
decided. Testimony is taken, the evidence is