American Legal System Overview

Introduction

• Focus on general substantive knowledge of the American legal system.
• Types of law and their sources in the United States.

Federal System

• Definition: A system with a central government and smaller governmental units.
• Components:
  • United States government (Federal)
  • 50 state governments
• Jurisdiction: Individuals are subject to both federal and state laws.

Government Structure

• State & City Relationship:
  • Cities derive power from state governments.
  • Example: New York City's power is delegated by New York State.
• Judicial Districts:
  • Example: Charlottesville, Virginia is in the 16th Judicial District of Virginia.

Types of Laws

• Federal Laws:
  • United States Constitution: Governs federal and state relationships.
  • Federal Statutes: Passed by Congress under constitutional powers.
  • Regulations: Created by federal agencies under congressional delegation.
  • Common Law: Judge-made law.
• State Laws:
  • Similar structure as federal: state constitutions, statutes, regulations, and common law.

Sources of Law

• U.S. Constitution: Foundation of the legal system.
• Statutes: Legislative laws.
• Regulations: Often from executive agencies.
• Common Law: Developed by judiciary.

Jurisdiction

• Definition: Authority to decide legal questions.
• Complexity: Federal and state courts can decide both federal and state matters.

Supremacy of Law

• Federal Supremacy: Article VI states that federal law is the "supreme law of the land."
• Judicial Review: Courts ensure laws conform to the Constitution.

Law School Curriculum

• Civil Procedure: Rules for federal cases; involves court delegation.
• Torts: State common law; judge-made law.
• Contracts: Mix of common law and codes (UCC).
• Criminal Law: Transition from common law to statutory law.
• Property: State common law.
• Constitutional Law: Focuses on federal constitution.

Learning Strategy

• Learning law is akin to learning a new language or skill.
• Importance of self-awareness and adaptability in studies.
• Encouragement to engage and support each other.

Conclusion

• Understanding the structure and hierarchy of the American legal system is critical as you begin your legal studies.
• Emphasis on the balance between academic rigor and personal well-being.