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CHAPTER 4CHAPTER 4

TheThe

American Legal American Legal

SystemSystem

and a few other things of interest and and a few other things of interest and importanceimportance

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REMEMBERREMEMBER

Free market approach on the Free market approach on the extreme right.extreme right.

Command Economy (rules) Command Economy (rules) principles on the far left.principles on the far left.

Mixed economy, a combination of Mixed economy, a combination of markets and rules in the center.markets and rules in the center.

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What What

IsIs

Justice?Justice?

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OBJECTIVES OF THE LAWOBJECTIVES OF THE LAW

1.1. Maintain orderMaintain order

2.2. Resolve conflictResolve conflict

3.3. Preserved dominant valuesPreserved dominant values

4.4. Guarantee freedomGuarantee freedom

5.5. Achieve and preserve justiceAchieve and preserve justice

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LOTS OF DEFINITIONSLOTS OF DEFINITIONS

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

again.again.

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SUBSTANTIVE LAWSUBSTANTIVE LAW

VSVS

PROCEDURAL LAWPROCEDURAL LAW

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SUBSTANTIVE LAWSUBSTANTIVE LAW

ORC 2903.13 Assault.ORC 2903.13 Assault.       (A) No person       (A) No person shall knowingly cause or attempt to cause shall knowingly cause or attempt to cause physical harm to another or to another's physical harm to another or to another's unborn. unborn.

            (B) No person shall recklessly cause (B) No person shall recklessly cause serious physical harm to another or to serious physical harm to another or to another's unborn. another's unborn.

            (C) Whoever violates this section is (C) Whoever violates this section is guilty of guilty of assaultassault. Except as otherwise . Except as otherwise provided in division (C)(1), (2), (3), (4), or provided in division (C)(1), (2), (3), (4), or (5) of this section, (5) of this section, assaultassault is a is a misdemeanor of the first degree. misdemeanor of the first degree.

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PROCEDURAL LAWPROCEDURAL LAW

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

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CASE LAWCASE LAW

(Common Law)(Common Law)

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STATUTESSTATUTES

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Do we have too Do we have too many laws?many laws?

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COURTS OF LAWCOURTS OF LAW

COURTS OF EQUITYCOURTS OF EQUITY

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PUBLIC LAWPUBLIC LAW

PRIVATE LAWPRIVATE LAW

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CIVIL LAWCIVIL LAW

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CRIMINALCRIMINAL

LAWLAW

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JURISDICTIONJURISDICTIONSubject matterSubject matter

PersonalPersonal

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STANDING STANDING

TO TO

SUESUE

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THE FEDERAL COURT SYSTEMTHE FEDERAL COURT SYSTEMTHE FEDERAL COURT SYSTEMTHE FEDERAL COURT SYSTEM

Primary Trial Court

Trial Courts of Limited (Specific) Jurisdiction

United StatesSupreme Court

(Highest Appeals Court)

Lower Appeals Courts

U.S. District Courts

U.S. Bankruptcy

Courts

U.S. Tax Courts

Various Federal

Agencies

U.S. Court of International

Trade

U.S. Claims Court

U.S. Patent & Trademark

Office

Trial Courts of Limited (Specific) Jurisdiction

Three judges hear each case, brought up from

the District Courts.

Nine Justices; appointed for life; may refuse to hear a case; final authority

NOTICE THE DIFFERENCE – 12 COURTS VS 1

U.S. Courts of Appeals (12

Circuits)

U.S. Court of Appeals for the Federal Circuit

Hears appeals from specialized trial courts.

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Circuits in the Federal Court Circuits in the Federal Court SystemSystem

Puerto Rico is part of Circuit 1

Virgin Islands are part of Circuit 3

Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.)

D.C. CircuitWashington, D.C.

Federal CircuitWashington, D.C.

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1

2

3

4

11

5

7

89

10

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STATE COURT SYSTEMSTATE COURT SYSTEM

Trial Courts of General Jurisdiction

Trial Courts of Limited (or Specific) Jurisdiction

State Supreme Court (Highest Appeals Court)

Lower Appeals Courts

General Civil

Division

General Criminal Division

Small Claims

Division

Municipal Division

Juvenile Division

Probate Division

Land Division

Domestic Relations Division

One judge; may have jury

One judge; may have jury

Three judges; never a jury

Usually 7 Justices; may refuse to hear a case; final authority

Click on any box below for a definition of the jurisdiction of that trial court.

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OHIO APPEALS COURTSOHIO APPEALS COURTS

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CIVIL TRIALCIVIL TRIAL

4 STAGES4 STAGES

1.1. PleadingsPleadings

2.2. DiscoveryDiscovery

3.3. TrialTrial

4.4. AppealAppeal

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PLEADINGSPLEADINGS

1.1. ComplaintComplaint

2.2. AnswerAnswer

3.3. Maybe-counter-claim or Maybe-counter-claim or cross claimcross claim

4.4. Reply if necessaryReply if necessary

5.5. Preliminary motionsPreliminary motions

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DISCOVERYDISCOVERY

DEPOSITIONSDEPOSITIONS WRITTEN INTERROGATORIESWRITTEN INTERROGATORIES REQUEST FOR ADMISSIONSREQUEST FOR ADMISSIONS PRODUCTION OF DOCUMENTSPRODUCTION OF DOCUMENTS PHYSICAL EXAMSPHYSICAL EXAMS MENTAL EXAMSMENTAL EXAMS MOTIONSMOTIONS

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TRIALTRIAL

JuryJury

or or

CourtCourt

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TRIAL - JURYTRIAL - JURY

1.1. Jury selection Jury selection 2.2. Opening StatementsOpening Statements3.3. Evidence by plaintiffEvidence by plaintiff4.4. Evidence by defendantEvidence by defendant5.5. Rebuttal evidence by plaintiffRebuttal evidence by plaintiff6.6. ArgumentsArguments7.7. InstructionsInstructions8.8. VerdictVerdict9.9. Post trial motionsPost trial motions

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TRIAL - COURTTRIAL - COURT

1.1. Opening StatementsOpening Statements

2.2. Evidence by plaintiffEvidence by plaintiff

3.3. Evidence by defendantEvidence by defendant

4.4. Rebuttal evidence by plaintiffRebuttal evidence by plaintiff

5.5. ArgumentsArguments

6.6. DecisionDecision

7.7. Post trial motionsPost trial motions

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APPEALAPPEAL

1.1. Filing the appealFiling the appeal

2.2. BriefsBriefs

3.3. ArgumentArgument

4.4. DecisionDecision

5.5. Further appeal?Further appeal?

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A SYSTEM GONE WILD?A SYSTEM GONE WILD?

Too many lawyers?Too many lawyers?

Too many lawsuits?Too many lawsuits?

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5 REASONS WHY YOU MAY 5 REASONS WHY YOU MAY NEED A NEW LAWYERNEED A NEW LAWYER

5.5. A prison guard is shaving your headA prison guard is shaving your head

6.6. Your lawyer tells you he has never Your lawyer tells you he has never told a lie.told a lie.

7.7. Your lawyer picks the jury by Your lawyer picks the jury by playing “duck-duck-goose”.playing “duck-duck-goose”.

8.8. When the prosecutors see your When the prosecutors see your lawyer, they high-five each other.lawyer, they high-five each other.

andand

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THE #1 REASONTHE #1 REASON

YOUR LAWYER TELLS YOU YOUR LAWYER TELLS YOU HIS LAST GOOD CASE WAS HIS LAST GOOD CASE WAS

OF BUDWEISEROF BUDWEISER

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See You in Court? Maybe NotStates 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.

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Class-action restrictionsLegislatures in nine states have made it harder to combine large numbers of claimants in a single

lawsuit

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Medical- malpractice maximums

Limits on damages, including pain and suffering, and similar measures have been approved

by 23 states

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Punitive-damages limitsCeilings on the amount of punitive

damages have been passed in 32 states

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Barring out-of-state plaintiffsEight states, once meccas for out-of-state

plaintiffs, now curtail suits by people with no connection to the jurisdiction

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Appeal-bond reformNearly three dozen states have limited the size of the bond needed to appeal a verdict, removing a

huge burden for companies

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GunsSome 33 states have passed laws protecting firearms

makers from certain suits filed by gun victims

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Obesity/junk foodLaws in 23 states keep you from suing the likes

of McDonald’s for making you fat

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DrugsA 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

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A BETTER WAYA BETTER WAY

MediationMediation