Chapter 4 application of law
This presentation is the property of its rightful owner.
Sponsored Links
1 / 59

CHAPTER 4: APPLICATION OF LAW PowerPoint PPT Presentation


  • 79 Views
  • Uploaded on
  • Presentation posted in: General

CHAPTER 4: APPLICATION OF LAW. 4. Using Case Law. Court Hierarchy. Part One: The Court Structure. Federal Court Hierarchy. New York Court Hierarchy. Part Two: Understanding Precedent. Making A Decision . In order to make a decision, the court must follow the law : Constitutional law

Download Presentation

CHAPTER 4: APPLICATION OF LAW

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Chapter 4 application of law

CHAPTER 4:APPLICATION OF LAW

4


Using case law

Using Case Law

Court Hierarchy


Part one the court structure

Part One: The Court Structure


Federal court hierarchy

Federal Court Hierarchy


New york court hierarchy

New York Court Hierarchy


Part two understanding precedent

Part Two:Understanding Precedent


Making a decision

Making A Decision

  • In order to make a decision, the court must follow the law:

    • Constitutional law

    • Statutory law

    • Administrative law

    • Case law from a court decision


Making a decision1

Making a Decision

  • Past case law is precedent


Making a decision2

Making a Decision

… It is well settled that police officers, in order to legally forcibly stop and seize an individual, must have articulable, reasonable suspicion that the individual was involved in criminal activity (see People v DeBour, 40 NY2d 210, 223 [1976]; People v McNair, 36 AD3d 1073, 1074 [2007], lv. denied 9 NY3d 847 [2007]). A seizure occurs when there is “a significant interruption with an individual’s liberty of movement” (People v DeBour, 40 NY2d at 216; see People v Ocasio, 85 NY2d 982, 984 [1995]).

  • A court when using court decisions to make a current court decision looks at past case law from various courts.


Making a decision3

Making a Decision

  • Not all courts are the same or equal.


What is the value of that court decision

What Is The Value Of That Court Decision?

  • Every court decision does two things: 

    • It binds both parties to the decisions. 

      • That is, both parties must follow that decision

    • It sets a precedent

      • It creates a decision that other court must either follow or think about.


1 it binds both parties to the decisions

(1) It Binds Both Parties To The Decisions.

  • When a court makes a decision, each party is bound by it. 

  • Examples:  

    • Trial Court motion is granted and an order is issued.

      • The losing party must follow that court order

    • Appellate Court hears appeal and reverses

      • The losing party and the lower court must follow that decision


2 it sets a precedent

(2) It Sets A Precedent

  • When any court makes a decision, it creates precedent.

  • Precedent is case law created by previous decision.

  • Does precedent bind other courts?

  • In other words, which courts who must follow that decision?


Which courts must follow other courts previous decision i e p recedent

Which Courts Must Follow Other Courts Previous Decision (i.e., Precedent)?


Federal courts

Federal Courts


Federal court system

Federal Court System


Precedential hierarchy

Precedential Hierarchy


Using case law1

Using Case Law

  • When a party makes an argument through pleadings and/or oral arguments, the party will use law.

  • When they use case law, they want to use case law that is mandatory or controlling on the court before it.

  • In other words, the law they present is law that the court must follow.

  • If it is not controlling, then the law is persuasive (i.e., not controlling).


General rule for using cases

General Rule for Using Cases

  • CONTROLLING:

    • All decisions from court higher in the court hierarchy are controlling on that lower court.

  • NOT CONTROLLING (Persuasive):

    • All decisions from a court lower in the court hierarchy are not controlling on that higher court.


Federal courts1

Federal Courts


United states supreme court decisions

United States Supreme Court Decisions

  • The United States Supreme Court is the final interpreter of the United States Constitution.

  • If the United States Supreme Court interprets the Federal Constitution, all courts in the United States are bound by these decisions — they must follow that decision


United states court of appeals decisions

United States Court of Appeals Decisions

  • US Court of Appeals decisions must follow US Supreme Court decisions.

  • If the United States Court of Appeals renders a decision,

    • it is controlling on the US District Court

    • it is persuasive on the US Supreme Court


United states district court decisions

United States District Court Decisions

  • US District Courts must follow US Supreme Court and US Court of Appeals decisions.

  • If the United States District renders a decision,

    • it is persuasive on the US Supreme Court and US Court of Appeals.

    • It is not controlling on any court.


What this means

What This Means

  • If you are drafting a memorandum of law for the US District Court:

    • Cite

      • US Supreme Court and

      • US Court of Appeals Decisions


What this means1

What This Means

  • If you are drafting a memorandum of law for the US Court of Appeals:

    • Cite US Supreme Court Decisions


New york courts

New York Courts


New york court of appeals decisions

New York Court of Appeals decisions

  • The New York Court of Appeals is the final interpreter of New York law, including the interpretation of New York statutes and the New York Constitution.


New york court of appeals decisions1

New York Court of Appeals decisions

  • All Court of Appeals decisions must be followed

    • by all lower appellate courts (Appellate Division or the Appellate Term) and

    • by all trial courts (courts of original jurisdiction).


Decisions of intermediate appellate courts

Decisions of intermediate appellate courts

  • The intermediate appellate courts in New York are

    • the Appellate Division and

    • the Appellate Term.


Decisions of intermediate appellate courts1

Decisions of intermediate appellate courts

  • The Appellate Division hears appeals from the trial court decisions of

    • The Supreme Court,

    • The Court of Claims,

    • Family Court, and

    • Surrogates Court.

    • Appellate Term (can).


Decisions of intermediate appellate courts2

Decisions of intermediate appellate courts

  • The Appellate Terms hears appeals from decisions of

    • the NYC Criminal Court and

    • the NYC Civil Court.


Decisions of intermediate appellate courts3

Decisions of intermediate appellate courts

  • NY Court of Appeals decisions are controlling on all intermediate appellate courts.


Decisions of intermediate appellate courts4

Decisions of intermediate appellate courts

  • Decisions by the Appellate Division are controlling on

    • courts of original jurisdiction and

    • the Appellate Term.


Decisions of intermediate appellate courts5

Decisions of intermediate appellate courts

  • Decisions of the Appellate Term are controlling on courts whose decisions are appealed to it

    • NYC Criminal Court; and

    • NYC Civil Court.


Hierarchy of authority between departments

Hierarchy Of Authority Between Departments

  • NY trial courts must follow decisions from the Appellate Division.

  • The Appellate Division is divided geographically into 4 Departments.

    • First Department

    • Second Department

    • Third Department

    • Fourth Department

4th

3rd

2nd

1st


What happens when two departments disagree with each other

What Happens When Two Departments Disagree With Each Other?

  • Is that possible?

    • Yes, each Department must follow the court of Appeals, BUT each Department does not have to follow each other.

  • First Department is not bound by the Second Department

  • What’s a trial court to do?


Chapter 4 application of law

Rule

  • A trial court must follow their Department’s decisions.


Chapter 4 application of law

Rule

  • If their Department has not ruled on the issue, they must follow another Department


Chapter 4 application of law

Rule

  • If the Departments have conflicting rulings, then their decisions are not binding.


What happens when two united states courts of appeal disagree with each other

What Happens When Two United States Courts of Appeal Disagree With Each Other?

  • The Federal Court of Appeals is divided into 13 Circuits


What happens when two federal circuits disagree with each other

What Happens When Two Federal Circuits Disagree With Each Other?

  • The same rules that apply to the New York intermediate appellate courts, apply to the Federal intermediate appellate courts


Procedure in a trial court

Procedure in a Trial Court

  • Follow Court of Appeals decisions


Procedure in a trial court1

Procedure in a Trial Court

  • If no Court of Appeals decision, then follow your Department.


Procedure in a trial court2

Procedure in a Trial Court

  • If your Department has not ruled on the issue, then follow another Department.


Procedure in a trial court3

Procedure in a Trial Court

  • If the other Departments are in conflict, then there are no controlling decisions.


Procedure in a trial court4

Procedure in a Trial Court

  • Follow Court of Appeals decisions

  • If no Court of Appeals decision, then follow your Department.

  • If your Department has not ruled on the issue, then follow another Department.

  • If the other Departments are in conflict, then there are no controlling decisions.


Are federal court decisions controlling on new york state courts

Are Federal Court Decisions Controlling On New York State Courts?

  • The United States Supreme Court is the FINAL interpreter of the United States Constitution.

  • All courts in the United States (both Federal and States Courts), must follow the US Constitution.


Are federal court decisions controlling on new york state courts1

Are Federal Court Decisions Controlling On New York State Courts?

  • In order to follow the constitution, they must interpret the US Constitution.

  • When the US Supreme renders a decision interpreting the US Constitution, all courts, both Federal and State, must follow the US Supreme Court decision.

  • The decision is controlling on ALL courts


What about other federal court s decisions

What About Other Federal Court’s Decisions?

  • All decisions of the US Court of Appeals and the US District Courts are NOT controlling on the state courts.

  • They are persuasive on the state courts.


Part three what does a court decision do

Part Three: What Does a Court Decision Do?


What does a trial court decision do

What Does A Trial Court Decision Do?

  • Resolves a legal issue from a case.


What does a trial court decision do1

What Does A Trial Court Decision Do?

  • In a trial court, the court will decide motions

  • A motion is a request for a court order.

    • Motion for discovery

    • Motion to suppress evidence

    • Motion to dismiss

  • The court will grant or deny the motion


What does an appellate court decision do

What Does An Appellate Court Decision Do?

  • Resolves a legal issue from a case.

  • In an appellate court, the court will decide whether the lower court’s decision was within the bounds of law.


What does an appellate court decision do1

What Does An Appellate Court Decision Do?

  • Did the lower court follow the law correctly?

  • The appellate court will either

    • Affirm the lower court decision

    • Reverse the lower court decision

    • Modify the lower court decision


What happens when a court reverses

What Happens When a Court Reverses?

  • When the Court of Appeals reverses an Appellate Division case, it might mean the Appellate Division case can no longer be followed by the trial courts.


Stare decisis

Stare decisis


Dealing with precedent decisions by the same court

Dealing With Precedent: Decisions by the Same Court

  • Up until not we have talked about one court past decision and whether the lower court has to follow that decision.

  • What about whether the court has to follow their previous precedent?


Understanding the concept of stare decisis

Understanding The Concept Of Stare Decisis

  • Stare decisis:

    • basic legal principle that commands judicial respect for a court's earlier decisions and the rules of law they embody.

    • promotes the evenhanded, predictable, and consistent development of legal principles,

    • fosters reliance on judicial decisions, and

    • contributes to the actual and perceived integrity of the judicial process.


Understanding the concept of stare decisis1

Understanding the Conceptof Stare Decisis

  • Adhering to our prior case law be the norm.

  • Not an “inexorable command”

  • Not “a mechanical formula of adherence to the latest decision” especially in constitutional cases

  • Departure from precedent is exceptional, and requires “special justification.”


  • Login