CHAPTER 4

1. CHAPTER 4 The American Legal System and a few other things of interest and importance

2. REMEMBER • Free market approach on the extreme right. • Command Economy (rules) principles on the far left. • Mixed economy, a combination of markets and rules in the center.

3. What Is Justice?

4. OBJECTIVES OF THE LAW • Maintain order • Resolve conflict • Preserved dominant values • Guarantee freedom • Achieve and preserve justice

5. LOTS OF DEFINITIONS Make it simple on yourself, just memorize them if you don’t already know them-because, you will hear them again and again.

6. SUBSTANTIVE LAW VS PROCEDURAL LAW

7. SUBSTANTIVE LAW • ORC 2903.13 Assault.       (A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn. •       (B) No person shall recklessly cause serious physical harm to another or to another's unborn. •       (C) Whoever violates this section is guilty of assault. Except as otherwise provided in division (C)(1), (2), (3), (4), or (5) of this section, assault is a misdemeanor of the first degree.

8. PROCEDURAL LAW Ohio Rules of Evidence: Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible       All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of the State of Ohio, by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio, by these rules, or by other rules prescribed by the Supreme Court of Ohio. Evidence which is not relevant is not admissible.

9. CASE LAW (Common Law)

10. STATUTES

11. Do we have too many laws?

12. COURTS OF LAW COURTS OF EQUITY

13. PUBLIC LAW PRIVATE LAW

14. CIVIL LAW

15. CRIMINAL LAW

16. JURISDICTION Subject matter Personal

17. STANDING TO SUE

18. THE FEDERAL COURT SYSTEM United StatesSupreme Court (Highest Appeals Court) Nine Justices; appointed for life; may refuse to hear a case; final authority Lower Appeals Courts U.S. Court of Appeals for the Federal Circuit Three judges hear each case, brought up from the District Courts. Hears appeals from specialized trial courts. U.S. Courts of Appeals (12 Circuits) NOTICE THE DIFFERENCE – 12 COURTS VS 1 U.S. District Courts U.S. Bankruptcy Courts U.S. Patent & Trademark Office U.S. Court of International Trade U.S. Tax Courts U.S. Claims Court Primary Trial Court Trial Courts of Limited (Specific) Jurisdiction Various Federal Agencies Trial Courts of Limited (Specific) Jurisdiction

19. Circuits in the Federal Court System Puerto Rico is part of Circuit 1 1 2 8 3  9  Virgin Islands are part of Circuit 3 7 6 10  4 11 D.C. CircuitWashington, D.C. 5 Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.) Federal CircuitWashington, D.C.

20. STATE COURT SYSTEM Usually 7 Justices; may refuse to hear a case; final authority State Supreme Court (Highest Appeals Court) Three judges; never a jury Lower Appeals Courts Click on any box below for a definition of the jurisdiction of that trial court. General Civil Division General Criminal Division Small Claims Division Juvenile Division Land Division Trial Courts of General Jurisdiction Domestic Relations Division Municipal Division Probate Division One judge; may have jury Trial Courts of Limited (or Specific) Jurisdiction One judge; may have jury

21. OHIO APPEALS COURTS

22. CIVIL TRIAL 4 STAGES • Pleadings • Discovery • Trial • Appeal

23. PLEADINGS • Complaint • Answer • Maybe-counter-claim or cross claim • Reply if necessary • Preliminary motions

24. DISCOVERY • DEPOSITIONS • WRITTEN INTERROGATORIES • REQUEST FOR ADMISSIONS • PRODUCTION OF DOCUMENTS • PHYSICAL EXAMS • MENTAL EXAMS • MOTIONS

25. TRIAL Jury or Court

26. TRIAL - JURY • Jury selection • Opening Statements • Evidence by plaintiff • Evidence by defendant • Rebuttal evidence by plaintiff • Arguments • Instructions • Verdict • Post trial motions

27. TRIAL - COURT • Opening Statements • Evidence by plaintiff • Evidence by defendant • Rebuttal evidence by plaintiff • Arguments • Decision • Post trial motions

28. APPEAL • Filing the appeal • Briefs • Argument • Decision • Further appeal?

29. A SYSTEM GONE WILD? Too many lawyers? Too many lawsuits?

30. 5 REASONS WHY YOU MAY NEED A NEW LAWYER • A prison guard is shaving your head • Your lawyer tells you he has never told a lie. • Your lawyer picks the jury by playing “duck-duck-goose”. • When the prosecutors see your lawyer, they high-five each other. and

31. THE #1 REASON YOUR LAWYER TELLS YOU HIS LAST GOOD CASE WAS OF BUDWEISER

32. See You in Court? Maybe Not States have been cracking down on the types of suits that can be filed and how much can be recovered. Here’s a look at some of the restrictions.

33. Class-action restrictions Legislatures in nine states have made it harder to combine large numbers of claimants in a single lawsuit

34. Medical- malpractice maximums Limits on damages, including pain and suffering, and similar measures have been approved by 23 states

35. Punitive-damages limits Ceilings on the amount of punitive damages have been passed in 32 states

36. Barring out-of-state plaintiffs Eight states, once meccas for out-of-state plaintiffs, now curtail suits by people with no connection to the jurisdiction

37. Appeal-bond reform Nearly three dozen states have limited the size of the bond needed to appeal a verdict, removing a huge burden for companies

38. Guns Some 33 states have passed laws protecting firearms makers from certain suits filed by gun victims

39. Obesity/junk food Laws in 23 states keep you from suing the likes of McDonald’s for making you fat

40. Drugs A number of states have made it harder to win claims against pharmaceutical companies if their products have been approved by the U.S. Food & Drug Administration

41. A BETTER WAY Mediation