What is law? --> Set of rules that govern society
-Laws are created by the government in the United States
Sources of law
- Constitution
- Statutes (modified case law)
- Ordinances
- Regulations ( created by agencies)
- International treaties
- Case law (i.e., “judicial precedent”)
Law in the united states
- Has a Common Law legal system → features includes juries and judges
- Judges create laws by setting judicial precedent (i.e., the doctrine of stare decisis)
- This is a complex interplay between Statutory Law and Case Law (i.e., "judicial
precedents”)
What is a lawsuit?
→ a formal complaint and request for relief
Plaintiff- the person complaining ( initiating the complaint)
Defendant- the person being sued and want to defend themself (objecting to the complaint)
What is a trial?
→ final stage of a lawsuit
a formal examination of evidence before a judge, and typically before a jury, in order to decide
guilt in a case of criminal or civil proceedings.
Phrases of a lawsuit
- Pleadings
- Discovery (gathering evidence)
- Motions (trying to dismiss before heading to trial)
- Trial
What is the role of the judges
- Administer the court
- Resolves issues of law
Jury decides who win
, → In a civil trial, the jury must determine liability based on a preponderance of evidence
→ In a criminal trial, the jury must determine guilt beyond a reasonable doubt
Lawyer
- Represents the claim
- Advise
Appeal- apply to a higher court for a reversal of the decision of a lower court.
- Questioning the decision of the judge
- Arguing that the judge made a mistake that affects juries decision
Court hierarchy
- High court
- makes final decision regarding an issue of law for that jurisdiction
- Intermediate court
- reviews issue of law that arise at trial
- Trial court-
- holds trial
- trial (or judge acting as a fact finder) decided issue of fact
- judges decides issue of law
Judicial precedent (case law)
- Refers to laws created by judges
- Must be set-out and explained in a written judicial opinion (i.e., a “holding”)
- When a court makes a precedent, that court and lower courts are obligated to apply the
precedent to later cases with familiar facts
-Laws are created by the government in the United States
Sources of law
- Constitution
- Statutes (modified case law)
- Ordinances
- Regulations ( created by agencies)
- International treaties
- Case law (i.e., “judicial precedent”)
Law in the united states
- Has a Common Law legal system → features includes juries and judges
- Judges create laws by setting judicial precedent (i.e., the doctrine of stare decisis)
- This is a complex interplay between Statutory Law and Case Law (i.e., "judicial
precedents”)
What is a lawsuit?
→ a formal complaint and request for relief
Plaintiff- the person complaining ( initiating the complaint)
Defendant- the person being sued and want to defend themself (objecting to the complaint)
What is a trial?
→ final stage of a lawsuit
a formal examination of evidence before a judge, and typically before a jury, in order to decide
guilt in a case of criminal or civil proceedings.
Phrases of a lawsuit
- Pleadings
- Discovery (gathering evidence)
- Motions (trying to dismiss before heading to trial)
- Trial
What is the role of the judges
- Administer the court
- Resolves issues of law
Jury decides who win
, → In a civil trial, the jury must determine liability based on a preponderance of evidence
→ In a criminal trial, the jury must determine guilt beyond a reasonable doubt
Lawyer
- Represents the claim
- Advise
Appeal- apply to a higher court for a reversal of the decision of a lower court.
- Questioning the decision of the judge
- Arguing that the judge made a mistake that affects juries decision
Court hierarchy
- High court
- makes final decision regarding an issue of law for that jurisdiction
- Intermediate court
- reviews issue of law that arise at trial
- Trial court-
- holds trial
- trial (or judge acting as a fact finder) decided issue of fact
- judges decides issue of law
Judicial precedent (case law)
- Refers to laws created by judges
- Must be set-out and explained in a written judicial opinion (i.e., a “holding”)
- When a court makes a precedent, that court and lower courts are obligated to apply the
precedent to later cases with familiar facts
