《lesson two american legal system》.ppt

What is law? Law is defined as a set of rules that govern the actions of people in community. The rules must be followed by citizens, and violation of these rules may give rise to a cause of action in the courts. Lesson two American legal system Source of law Classification of law Jurisdiction duality of the American legal system What is source of law? The phrase source of law is often used to describe methods and procedures by which law is created and developed, or the origin from which particular laws derive their authority or coercive force. Source of law Constitutional law Statutes and ordinances Common law Administrative law Classification of law Substantive law v. Procedural law Common law v. statutory law and equity Criminal law v. civil law Substantive law and procedural law The rules of law that are used to resolve disputes are referred to as substantive law. The legal procedures that determine how a lawsuit is begun, how the trial is conducted, how appeal are taken, and how a judgment is enforced are called procedural law. Equity: a system of doctrine and procedures which developed side by side with the common law and the statute law, having originated in the doctrines and procedures evolved by the Court of Chancery in its attempts to remedy some of the defects of common law jurisdiction 1.Subjective matter jurisdiction (federal district court) (1)Federal question jurisdiction (2)diversity jurisdiction (3)Suit by or against U.S. government miscellaneous 2.Personal jurisdiction In rem In personam Duality in the American legal system Fifty-one sets of laws (constitutions, statutes and case law) Choice of forum Choice of law America’s court system State court system States also usually have courts that handle specific legal matters, e.g. probate court (wills and estates); juvenile court; family court. America’s court system Federal court system Us specialized courts The bankruptcy court, tax court and claims court. state court system Inf