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Legal System
and Legal Research
Chapter 3
Relationship of the Law to the
Branches of Government
Rules, Regulations, and Laws
Constitution
Statutes
Regulations
Common/case law
U.S. Supreme Court
Criminal: Civil:
Prosecute people Hear cases of a
charged with a crime noncriminal nature
against the state May involve a jury, or
Involve a trial by a jury may involve a judge
of one’s peers with no jury
Must prove guilt Must prove the case
beyond a reasonable by a preponderance of
doubt the evidence
Civil Cases
Causes of action:
Contract disputes
Employment discrimination
Torts
Process followed in a civil trial:
1. Plaintiff files complaint
2. Defendant answers complaint
3. Discovery
4. Settlement or trial
Concluding a Trial
Cumulative process:
Stare decisis
Binding precedent
Effect: Uniformity, stability, and predictability
Interpretive process:
Effect: Flexibility; adaptation of existing law to
new situations
Court Interpretations
of Regulations and Constitutions
Regulations:
Courts defer to interpretations made by the
agencies responsible for enforcing the
regulations.
Constitutions:
Courts have the final word.
Competitive Advantage Strategies
The U.S. Legal System
Constitutions
Statutes
Regulations
Court decisions (case reporters)
Secondary Legal Resources
Parties
Objects
Places
Basic issue of the case
Possible defenses
Relief desired
Framework for Organizing Information
Components of a Case Brief
Citation information
Facts
Issues presented
The holding (final ruling on the issue being
decided)
The rationale (or reasoning) used by the court
to justify its decision
Competitive Advantage Strategies
Using Basic Legal Strategies