Lecture Notes: Introduction to the American Legal System

Overview

• Focus on the structure and sources of law in the U.S.
• Concurrent jurisdiction in the federal and state systems
• Substantial knowledge on types of law and their sources

Federal System

• Two Levels: Federal and State Governments
• Federal Government: Overarching, United States government
• State Governments: 50 individual state governments
• Power division between central and smaller governmental units

Law Types and Sources

• Federal System Law: United States Constitution
  • Guide for the federal government and its relationship with state governments
  • Base for various federal statutes, regulations, and common law
• Statutes
  • Passed by Congress based on constitutional powers
• Regulations
  • Defined and enforced by federal agencies like EPA, FDA
  • Agencies obtain power from Congress
• Common Law
  • Judge-made law from court decisions
  • Historic feature from colonial times, inspired by the English system
• State System
  • Mirrors the federal system's structure
  • Includes state constitutions, state statutes, state regulations, and state common law

Jurisdiction and Supremacy

• Concurrent Jurisdiction
  • Simultaneous application of local, state, and federal laws (e.g., parking ordinances) in any U.S. location
  • Legal matters reviewed by respective state Supreme Courts and Federal Courts of Appeals
• Jurisdiction Definition
  • State courts can decide state and federal cases
  • Federal courts can also decide state and federal cases but under certain conditions
  • Complexities addressed in classes like Federal Courts and Conflict of Laws
• Supremacy Clause
  • Federal law is the supreme law of the land (Article 6, Section 2)
  • Courts engage in judicial review to uphold the Constitution over conflicting laws

Law Hierarchies

• Law in a Federal System
  • Constitution > Federal Statutes > Federal Regulations > Federal Common Law
  • State Common Law can be overridden by State Statutes and Regulations, which are governed by State Constitutions
• Federal Common Law
  • Exists in certain areas (e.g., Admiralty Law)
  • Superseded by statutes and regulations when necessary

First-Year Law School Courses

• Civil Procedure
  • Rules governing federal cases, authorized by Congress via Rules Enabling Act
• Torts
  • Largely a matter of state common law
  • General principles taught across U.S. states
• Contracts
  • Combines state common law and Uniform Commercial Code (UCC)
• Criminal Law
  • Transition from state common law to penal codes
  • Focus on Model Penal Code and state statutes
• Property
  • State common law with instances of statutory influence
• Constitutional Law
  • Focuses on the federal Constitution and its interpretation

Additional Topics

• Federalism and Preemption
  • Courts examine conflicts between state and federal laws for preemption
• Advice for New Law Students
  • Learning law is comparable to learning a new language or physical skill
  • Engage in practical, hands-on learning
  • Importance of balance and self-care

Final Note

• Encouragement to Students
  • Emphasizing the process of learning and adapting
  • Look after your well-being as you navigate law school