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Introduction to the legal system

Fifth Hour Legal Research Program
Fall 2014
Sources of US Law
US Constitution
Branches of Government:
Legislative = Statutes
Executive = Executive Orders
Judicial = Court Decisions

*Administrative (4
th
branch) = Regulations


Mandatory v. Persuasive Authority
Mandatory Authority / Binding Precedent
The Law (primary authority)
Higher court within the jurisdiction
Same jurisdiction
Same topic
Persuasive Authority
Law (primary authority) from a lower court outside of
your jurisdiction
All secondary authority is always persuasive.
Some secondary authority is more persuasive than others
(consider author and her credentials).

MANDATORY PRECEDENT V. PERSUASIVE AUTHORITY EXAMPLE: CASE LAW
Federal

U.S. Supreme Court
Binds all lower federal courts and state
courts on federal issues.
Resolves splits among Circuits.
U.S. Courts of Appeal
Binds District Courts within that
particular Circuit.
Law from other circuits is only
persuasive.
U.S. District Courts
Federal Trial Courts
Must follow decisions of the circuit in
which it sits as mandatory precedent.
Trial courts do not bind other trial
courts.

State: New York

N.Y. Court of Appeals
Binds all lower N.Y. courts.
Resolves splits among Appellate
Departments.
N.Y. Appellate Division
Binds lower courts
N.Y. Supreme Court (and
other trial courts)
Must follow another Appellate
Division that has ruled on the issue if
their Appellate Division has not done
so.
Trial courts do not bind other trial
courts.
Stare Decisis (stahr-ee di-sI-sis or stair-ee),
n. [Latin to stand by things decided] (18c)

The doctrine of precedent, under which a
court must follow earlier judicial decisions
when the same points arise again in
litigation.
Precedent means that similar cases should be decided similarly.
Lower courts are bound by the earlier decisions of higher
courts- this provides predictability and consistency in the law.
intermediate appellate courts
court of last resort
trial courts
U.S. Supreme Court
Courts of Appeal
District Courts
12 regional courts
1 federal circuit court
94 district courts
bankruptcy courts
court of international trade
court of federal claims
United States Circuit Courts of Appeal
New York State Courts
Court of
Appeals
First
Department
Supreme
courts
Other courts:
Family, etc.
Second
Department
Supreme
courts
Other courts
Third
Department
Supreme
Courts
Other courts
Fourth
Department
Supreme
courts
Other courts
Court of Appeals
Appellate Division
Supreme Court (trial court)
HIERARCHY OF COURT SYSTEMS
Pattern Federal New York
Final Appellate
Court
U.S. Supreme Court Court of Appeals
Intermediate
Appellate Courts
U.S. Courts of
Appeals (Circuit
Courts)
Appellate Division
Trial Courts
U.S. District Courts Supreme Court
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Primary v. Secondary Authority
Primary Authority = the Law; created by government entities (judges,
legislators, regulators)
Constitutions
Cases / Decisions / Common Law
Statutes / Codes
Administrative Regulations
Uniform Laws (UCC) / Model Acts (Model Penal Code) (if
enacted)
Secondary Authority = explanations and commentary about the law
(everything else)
Legal Encyclopedias (Am Jur, CJS)
ALRs (American Law Reports)
Restatements (common law, black letter topics (torts, contracts,
Restatements, agency, property)
Treatises
Law Reviews (articles / student notes and comments)
Practice Materials / loose leafs / Form books
Dictionaries, Blacks



Publication of the Law
Type of Law Chronological
Arrangement (by date)
Topical Arrangement
(by subject)
Case Reporter
Official
Unofficial
Digest
Headnotes
Statute US Statutes at Large Codes
Titles = Subjects
Official (USC)
Unofficial (USCA, USCS)
Annotations
Regulation Register, Federal Register Code, Code of Federal
Regulations
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When they resolve issues of law.

Trial cases usually revolve around facts, and
are therefore rarely published.

Intermediate court (appellate court) cases
are published selectively, given that many are
routine and only of interest to parties.

Final Appellate Cases (supreme court /
court of last resort cases) are almost always
published, as they deal with important legal
issues.

Unpublished cases are available on Lexis and
Westlaw.

PUBLICATION OF CASE LAW
Publication of Federal Case Law
Court
Official
Reporter
Unofficial Reporter
U.S.
Supreme
Court
United States
Reports =
U.S.

1.) Supreme Court Reporter (West)= S.
Ct.
2) Lawyers Edition (Lexis) = L. Ed.,
L. Ed. 2d

U.S. Courts
of Appeal
N/A 1) Federal Reporter (West) = F., F. 2d,
F. 3d
U.S.
District
Courts
N/A 1) Federal Supplement (West) = F.
Supp., F. Supp. 2d
case law
Appellate and District Court Opinions
Federal Reporter abbreviated as
_ F. _
_ F.2d _
_ F.3d _
Federal Supplement abbreviated as
_ F. Supp. _
_ F. Supp. 2d _
Unpublished Cases

Federal Appendix (unpublished federal cases)
_ Fed. Appx. _
Cases available on Westlaw and Lexis:
2001 WL 1602030
2001 U.S. App. LEXIS 26786