SMGT 3861 Study Guide - Spring 2019, Comprehensive Final Exam Notes - Common Law, Precedent, Kingdom Of England

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30 Mar 2019
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SMGT 3861
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U.S. Legal Systems
Tuesday, January 22, 2019
6:07 PM
Three Branches of Government
Executive: enforce
Legislative: make
Judicial: interpret
Sources of U.S. Law (primary source)
English common law (Case)
o Began in medieval England
o System of precedents, known as stare decisis
Can depend on the decision of use (page 1)
o In most English-speaking nations
o Provides order and consistency to the judicial system
Constitutional law
o U.S. Constitutions and state constitutions
o Any statute, court ruling, or administrative rule cannot contradict the
constitution
o Bedrock to legal system
o Protect private citizens rights
o Bill of rights
Statutory law
o Enacted by state and federal legislatures
o Ordinance are laws created by local governments
o Title IX
Administrative law
o Rules promulgated by specialized bodies created by local, state, and
federal governments
o IRS
State Court System
State system
o State trial courts-case starts here (lower)
o State courts of appeal
o State supreme court (higher)
Federal Court System
Federal system
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o Similar structure as state court system, just larger status
US Supreme Court
o Nine justices
Appointed by President, confirmed by senate
Appointment for life
Trial Courts or District Courts
Decide cases based on evidence presented
Juries serve as fact finders
1. Pleading
a. Complaint
b. answer
2. Discovery
a. Written interrogations
b. Oral
3. Motions
a. Dismiss
b. Summary judgement
4. Trial
a. Opening
b. Question witnesses
c. closing
5. Appeal
Appellate Courts
Do not review new evidence, listen to witnesses, make different or new
determinations of fact, or use a jury
Focus on questions of law; application, interpretation, constitutionality
Often remand cases back to trial courts based on their legal interpretation
Jurisdiction of Courts
State courts: usually hear cases involving state law, but can also hear a
federal question
Federal courts: more limited jurisdiction
o Federal law
o Damage of $75,000 or greater and diversity of citizenship
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