OUTLINE: INTRODUCTION TO LEGAL SYSTEM

I. Basics

A. Classifications & Definitions

• Civil vs. Criminal Law

• Civil vs. Common Law Systems
• Substance vs. Procedure
• Public law vs. Private Law
• "sovereignty"

B. Purposes of Law

1. Preventing conflict

2. Resolving conflict

a. Litigation
b. ADR:

(i) arbitration
(ii) mediation
(iii) other trial-type
proceedings

WHAT IS THE DIFFERENCE BETWEEN

MEDIATION AND ARBITRATION?
WHY DO PARTIES SOMETIMES CHOOSE ADR?

C. Court System

State Courts Federal Courts

State Supreme Court

U.S. Supreme Court
(usually)
Highest Court
Intermediate Appeal Courts of Appeals
U.S. Circuit Courts of Appeals
Court (sometimes regional)
Trial Divisions (see Exh.
Trial Court Level U.S. District Courts
2.1, p. 29)
Many specialty courts e.g. U.S. Court of Claims,
 Bankruptcy Court, etc.
Special Courts
II. Litigation

A. Process

1. pleadings

o what are the three major types of pleadings?

o what information do they contain?

2. Motion to Dismiss: standard?

3. Discovery

o Deposition/EBT
o Interrogatories
o Document Production
o Professional examinations

What decision rules do judges follow when deciding

disputes over discovery?

4. Motion for Summary Judgment: standard?

5. Trial

1. Jury selection (if jury trial)

2. Opening Statements
3. Plaintiff/Prosecution case

 direct examination
 cross examination
 re-direct and re-cross
 presentation of evidence

4. Motion for Directed Verdict: standard?

5. Defense case
6. Jury Instruction (if jury trial)
7. Verdict

 burden of proof
 8. Judgment n.o.v.

6. Appeals

III. Sources of Law

A. Common Law

1. What is it?
2. "stare decisis"
3. Does the common law change, or is it fixed?
4. How and why might it change?

B. Statutory Law

• How are statutes enacted? What is the process?

• Who determines what statutes mean?
• How do they decide what the statute means when
people disagree over its meaning?
o Complete this sequence: 2,3,5,_.
o Griggs v. Duke Power, pg. 63:
 On what did the Supreme Court base its
decision in Griggs?
 How could it overrule its own decision in
Cove Packing (pg. 64)? What changed?
o What is "legislative history" and how is, or isn't,
it helpful in interpreting statutes?
• Who has the last word in deciding what a statute
means?

C. Administrative Law

1. Types of Agencies
2. Constraints on Agency Decisions

• "enabling legislation"

3. Types of decisions: rules vs. orders

4. Legislative and judicial functions
5. Checks on agencies

• judicial review
• political controls
• interest group input
D. Constitutional Law

1. Basic structure

• separation of powers
o the judicial power: how is it
defined?
o judicial review
• federalism
• amendments/bill of rights

2. Federalism conflicts

• Commerce Clause preemption

• Supremacy Clause preemption

3. Rights

a. Whose action does the bill of rights

limit?
b. First Amendment: political vs.
commercial speech
c. Fifth Amendment: Takings
d. Fourteenth Amendment: Equal
Protection

E. International Law

 What is international law? Where does it come

from?

 How is it different from other sources of law?

1. Trade Agreements

• GATT/WTO
• NAFTA

2. Other Treaties

3. International Organizations

• NATO
 • EU

 What special risks do companies face when they

do business in foreign countries?

 How do they try to guard against those risks?