Introduction to Legal Process in the United States

1. Introduction to Legal Processin the United States Sources of law Court system Judicial process Alan R. Palmiter – Jan. 2005

2. (1) Sources of law • Legislative • Administrative • Judicial • Federalism: federal (supreme) vs. state

3. (1) Sources of law • Legislative (Congress) • Constitution • Statutes • Legislative history

4. (1) Sources of law • Administrative (Securities & Exchange Commission) • Regulation (rules) • Agency decisions • Opinions • No-action letters

5. (1) Sources of law • Judicial (federal courts) • Constitutional review • Statutory interpretation • Common law (precedent)

6. (2) Court systems • Federal • State (North Carolina)

7. (2) Court systems • Federal • US Supreme Court • US Courts of Appeals • US trial courts • US District Courts • Special courts • US Claims Court • US Bankruptcy Court • US International Court of Trade • US Tax Court

8. (2) Court systems • Federal • US Supreme Court • Discretionary review (from federal courts of appeal and state supreme courts) • Original jurisdiction (state vs. state) • Appointed for life by President (Senate confirms) • US Courts of Appeals • US District Court

9. (2) Court systems • Federal • US Supreme Court • US Courts of Appeals • Appeal of right from US trial courts • Review of errors (primarily legal) • 11 regional circuits / DC Circuit / Federal Circuit • US District Court

10. (2) Court systems • Federal • US Supreme Court • US Courts of Appeals • US District Court • Limited jurisdiction (federal questions / diversity cases) • Exclusive / concurrent jurisdiction • Juries for $ damages / judges for injunctions

11. (2) Court systems • State (North Carolina) • NC Supreme Court • NC Court of Appeals • NC trial courts • Superior court • District courts • Magistrate court • Small claims court

12. (2) Court systems • State (North Carolina) • NC Supreme Court • Discretionary review (questions of law) • Elected (7 justices) • NC Court of Appeals • NC trial courts

13. (2) Court systems • State (North Carolina) • NC Supreme Court • NC Court of Appeals • Appeal of right from superior courts • Review of errors (factual / legal) • 15 elected judges (appeals heard by 3-judge panels) • NC trial courts

14. (2) Court systems • State (North Carolina) • NC Supreme Court • NC Court of Appeals • NC trial courts • Superior court: felonies / civil > 10K / jury trial • District courts: minor criminal / civil <10K / family law • Magistrate court: traffic court / small civil <4K • Small claims court: small civil <4K, pro se (no attorney)

15. (2) Court systems • State (North Carolina) • NC Supreme Court • NC Court of Appeals • NC trial courts • Special business court: by reference • Sits throughout state • One appointed judge • All filings in electronic form

16. (3) Judicial process Pleading Discovery Pre-trial Trial Post-trial (appeals) • Filters at each stage

17. (3) Judicial process Pleading • Complaint (individual or class action) • Answer (counterclaim / cross-claim) • Filters • Default judgment • Motion to dismiss • Rule11 sanctions

18. (3) Judicial process Discovery • Depositions • Interrogatories • Document requests • Examinations (physical and mental) • Admissions • Filters • Discovery sanctions

19. (3) Judicial process Pre-trial • Settlement conference • Alternative dispute methods: mediation / arbitration • Pre-trial conference • Filters • Summary judgment • Voluntary dismissal (settlement)

20. (3) Judicial process Trial • Jury / bench trial • Live, continuous: witness / exhibits • Rules of evidence • Lawyer arguments • Filters • Directed verdict (judgment as matter of law)

21. (3) Judicial process Post-trial (appeals) • Reopen case before appeal • Enforcement of judgment • Appeal (on record) • Filters • Judgment notwithstanding verdict (NOV) • Appeal: affirm, reversal, remand