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Applicability of State Law in Civil Actions and Proceedings In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law.
- 1MB
- 102
- Other Sources of Law
- Common Law
- Judicial Precedent
- Given
- Civil/Criminal
- — By Michael Jay Friedman
- The Constitutional Convention and Article III
- Supreme
- South 11 Carolina Washington, D.C.
- The Supreme Court as Final Arbiter
- The Review Function of the Courts of Appeals
- The Courts of Appeals at Work
- The First District Judges
- The District Courts as Trial Courts
- CONSTITUTIONAL COURTS AND LEGISLATIVE COURTS
- Although
- U.S. Magistrate Judges
- Administrative Office of the U.S. Courts
- No
- The Colonial Period
- STATE COURT ORGANIZATION
- Trial Courts of Limited Jurisdiction
- Trial Courts of General Jurisdiction
- Courts of Last Resort
- Juvenile Courts
- ADMINISTRATIVE AND STAFF SUPPORT IN THE STATE JUDICIARY
- Magistrates
- Law Clerks
- Administrative Office of the Courts
- Court Clerks and Court Administrators
- U.S. District Courts
- U.S. Courts of Appeals
- U.S. Supreme Court
- The
- A Definite Controversy Must Exist
- Beneficiaries May Not Sue
- Appellate Courts Rule on Legal — Not Factual — Questions
- The Supreme Court Is Not Bound (Technically) by Precedents
- Other Remedies Must Be Exhausted
- Courts Do Not Decide “Political Questions”
- The Burden of Proof Is on the Petitioner
- Laws Are Overturned on the Narrowest Grounds Only
- No Rulings Are Made on the “Wisdom” of Legislation
- Government Attorneys in the Judicial Process
- Prosecutors at the State Level.
- Private Lawyers in the Judicial Process
- The Courtroom Workgroup
- In
- INTEREST GROUPS IN THE JUDICIAL PROCESS
- Test Cases
- Amicus Curiae Briefs
- CRIMINAL COURT PROCESS
- An
- Five
- Economic Crimes
- Syndicated, or Organized, Crimes
- Political Crimes
- Consensual Crimes
- A Law Defining the Crime and the Punishment
- The Actus Reus
- The Mens Rea
- An Injury or Result
- A Causal Relationship Between the Action and the Resultant Injury
- Before
- The Arrest
- Victim Will Not Seek Prosecution.
- Victim Also Involved in Misconduct.
- The Grand Jury Process or the Preliminary Hearing
- The Arraignment
- The Possibility of a Plea Bargain
- The Adversarial Process
- Assuming
- Basic Rights Guaranteed During the Trial Process
- Selection of Jurors
- Opening Statements
- The Prosecution’s Case
- The Case for the Defense
- Role of the Judge During the Trial
- Role of the Jury During the Trial
- Instructions to the Jury
- The Jury’s Decision
- PROCEDURES AFTER A CRIMINAL TRIAL
- Sentencing
- An Appeal
- CIVIL COURT PROCESS
- The
- Tort Law
- Property Law
- The Law of Succession
- Family Law
- Disagreements
- Deciding Whether to Go to Court
- Alternative Dispute Resolution
- Administrative Bodies
- Anumber
- Filing a Civil Suit
- Presentation of the Plaintiff’s Case.
- Americans
- Appeals Court Judges
- Despite
- Formal Qualifications
- Informal Requirements
- a The President
- The Department of Justice
- State and Local Party Leaders
- Interest Groups
- The American Bar Association (ABA)
- The Senate Judiciary Committee
- The Senate
- In
- Judges
- QUALIFICATIONS AND BACKGROUNDS OF STATE JUDGES
- Gubernatorial Appointment and Legislative Appointment
- JUDICIAL POLICIES
- Appellate
- Interpretation by Lower Courts
- Strategies Employed by Lower Courts
- Influences on Lower-Court Judges
- a INFLUENCES ON THE
- IMPLEMENTATION PROCESS
- At
- The
- Abortion
- Conclusions
- THE CONSTITUTION OF THE UNITED STATES
- PREAMBLE:
- Section.1.
- Section.2.
- Section.3.
- Section.4.
- Section.5.
- Section.6.
- Section.7.
- Section.8.
- Section.9.
- Section.10.
- Section.1.
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- Section.3.
- Section.4.
- Section.1.
- Section.2.
- Section.3.
- Section.1.
- Section.2.
- Section.3.
- Section.4.
- ARTICLE.V.
- ARTICLE.VI.
- ARTICLE.VII.
- New Hampshire
- New Jersey
- South Carolina
- Pennsylvania
- Congress of the United States
- AMENDMENT I
- AMENDMENT II
- AMENDMENT III
- AMENDMENT IV
- AMENDMENT V
- AMENDMENT VI
- AMENDMENT VII
- AMENDMENT VIII
- AMENDMENT IX
- AMENDMENT X
- AMENDMENT XI (1795)
- AMENDMENT XII (1804)
- Section 1.
- Section 2.
- Section 1.
- Section 2.
- Section 3.
- Section 4.
- Section 5.
- Section 1.
- Section 2.
- AMENDMENT XVI (1913)
- Section 1.
- Section 2.
- Section 3.
- AMENDMENT XIX (1920)
- Section 3.
- Section 4.
- Section 6.
- Section 1.
- Section 2.
- Section 3.
- Section 1.
- Section 2.
- Section 1.
- Section 2.
- Section 1.
- Section 2.
- Section 1.
- Section 2.
- Section 3.
- Section 4.
- Section 2.
- AMENDMENT XXVII (1992)
- G L O S S A R Y
- Concurring opinion. An opinion by
- Ex post facto law. Forbidden by the
- Mandatory sentencing laws.
- Stare decisis, the doctrine of.
- Executive Editor: George Clack Managing Editors: Rosalie Targonski, Mildred Solá Neely
The most obvious sources of Ameri-can law are the statutes passed by Congress, as supplemented by admin-istrative regulations. Sometimes these demarcate clearly the boundaries of legal and illegal conduct — the bank robbery example again — but no government can promulgate enough law to cover every situation. Fortu-nately, another body of legal prin...
Where no statute or constitutional provision controls, both federal and state courts often look to the common law, a collection of judicial decisions, customs, and general principles that began centuries ago in England and continues to develop today. In many states, common law continues to hold an important role in contract dis-putes, as state legi...
Courts adjudicate alleged violations of and disputes arising under the law. This often requires that they interpret the law. In doing so, courts consider themselves bound by how other courts of equal or superior rank have previously interpreted a law. This is known as the principle of “stare decisis,” or simply precedent. It helps to ensure consist...
this growing body of law, it is useful to distinguish among different types of laws and of actions, or lawsuits, brought before the courts and of the remedies the law affords in each type of case.
Courts hear two kinds of disputes: civil and criminal. A civil action in-volves two or more private parties, at least one of which alleges a violation of a statute or some provision of com-mon law. The party initiating the law-suit is the plaintiff; his opponent the defendant. A defendant can raise a counterclaim against a plaintiff or a cross-clai...
Michael Jay Friedman is a Program Officer in the U.S. Department of State, Bureau of International Information Programs. He holds a Ph.D. in American History from the University of Pennsylvania and a J.D. degree from Georgetown University Law Center. C H A P T E R 1 HISTORY AND ORGANIZATION
The first proposal presented to the Constitutional Convention was the Virginia Plan, which would have set up both a Supreme Court and inferior federal courts. Opponents of the Virginia Plan responded with the New Jersey Plan, which called for the creation of a single federal supreme tribunal. Supporters of the New Jersey Plan were especially distur...
Court Justice Charles Evans Hughes wrote in The Supreme Court of the United States (1966) that the Court “is dis-tinctly American in conception and function, and owes little to prior judi-cial institutions.” To understand what the framers of the Constitution envi-sioned for the Court, another Ameri-can concept must be considered: the federal form o...
Alabama Georgia Federal Circuit D.C. Circuit Mississippi Louisiana Alaska Nothern Mariana Islands Hawaii
The Supreme Court has both original and appellate jurisdiction. Original ju-risdiction means that a court has the power to hear a case for the first time. Appellate jurisdiction means that determine whether the request should be granted. If review is granted, the Court issues a writ of certiorari, which is an order to the lower court to send up a c...
Most of the cases reviewed by the courts of appeals originate in the fed-eral district courts. Litigants disap-pointed with the lower-court decision may appeal the case to the court of appeals of the circuit in which the fed-eral district court is located. The ap-pellate courts have also been given authority to review the decisions of certain admin...
The courts of appeals do not have the same degree of discretion as the Supreme Court to decide whether to accept a case. Still, circuit judges have developed methods for using their time as efficiently as possible. Screening. During the screening stage the judges decide whether to give an appeal a full review or to dispose of it in some other way. ...
Each federal district court was to be presided over by a single judge who resided in the district. As soon as this became known, President Washington began receiving letters from individu-als desiring appointment to the vari-ous judgeships. Many asked members of Congress or Vice President John Adams to recommend them to Presi-dent Washington. Perso...
Congress established the district courts as the trial courts of the federal judicial system and gave them original jurisdiction over virtually all cases. They are the only federal courts in which attorneys examine and cross-examine witnesses. The factual record is thus established at this level. Subse-quent appeals of the trial court deci-sion focu...
Judiciary Act of 1789 estab- The lished the three levels of the federal court system in exis-tence today. Periodically, however, Congress has exercised its power, based on Article III and Article I of the Constitution, to create other federal courts. Courts established under Arti-cle III are known as constitutional courts and those created under Ar...
judges are the most visible actors in the judicial system, a large supporting cast is also at work. Their efforts are neces-sary to perform the tasks for which judges are unskilled or unsuited, or for which they simply do not have ade-quate time. Some members of the sup-port team, such as law clerks, may work specifically for one judge. Others — fo...
In an effort to help federal district judges deal with increased workloads, Congress in 1968 created a system of magistrate judges that responds to each district court’s specific needs and circumstances. Magistrate judges are appointed by the judges of the district court for eight-year terms of office, al-though they can be removed before the expir...
The administration of the federal judicial system as a whole is managed by the Administrative Office of the U.S. Courts. Since its creation in 1939 it has handled everything from distributing supplies to negotiating with other government agencies for court accommodations in federal buildings to maintaining judicial per-sonnel records and collecting...
two states are exactly alike when it comes to the organi-zation of courts. Each state is free to adopt any organizational scheme it chooses, create as many courts as it wishes, name those courts whatever it pleases, and establish their jurisdiction as it sees fit. Thus, the or-ganization of state courts does not necessarily resemble the clear-cut, ...
During the colonial period, political power was concentrated in the hands of the governor appointed by the king of England. Because the governors performed executive, legislative, and judicial functions, an elaborate court system was not necessary. The lowest level of the colonial ju-diciary consisted of local judges called justices of the peace or...
states have moved in the di-rection of a unified court system, whereas others still operate Some with a bewildering complex of courts with overlapping jurisdiction. The state courts may be divided into four general categories or levels: trial courts of limited jurisdiction, trial courts of general jurisdiction, inter-mediate appellate courts, and c...
Trial courts of limited jurisdiction handle the bulk of litigation in the United States each year and constitute about 90 percent of all courts. They have a variety of names: justice of the peace courts, magistrate courts, mu-nicipal courts, city courts, county courts, juvenile courts, domestic rela-tions courts, and metropolitan courts, to name th...
Most states have one set of major trial courts that handle the more serious criminal and civil cases. In addition, in many states, special categories — such as juvenile criminal offenses, do-mestic relations cases, and probate cases — are under the jurisdiction of the general trial courts. Attorney Edward Clancy, left, argues his case before his st...
Every state has a court of last resort. The states of Oklahoma and Texas have two highest courts. Both states have a supreme court with jurisdiction limited to appeals in civil cases and a court of criminal appeals for criminal cases. Most states call their highest courts supreme courts; other designa-tions are the court of appeals (Mary-land and N...
Americans are increasingly concerned about the handling of cases involving juveniles, and states have responded to the problem in a variety of ways. Some have established a statewide network of courts specifically to handle mat-ters involving juveniles. Two states — Rhode Island and South Carolina — have family courts, which handle do-mestic relati...
daily operation of the feder-al courts requires the efforts of many individuals and organi- The zations. This is no less true for the state court systems.
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
Art Director/Design: Min-Chih Yao Cover Illustration: Sally Vitsky Photo Research: Maggie Johnson Sliker
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Casing Outline. Regardless of whether or not you are affirmative or negative, you can use the same outline when writing your case; the only real difference (besides the content of your arguments) will be the length, since it probably isn’t strategic to have a six-minute negative case.
432 DICKERSON v. UNITED STATES Opinion of the Court evidence. In the wake of that decision, Congress enacted 18 U. S. C. §3501, which in essence laid down a rule that the admissibility of such statements should turn only on whether or not they were voluntarily made. We hold that Miranda, being a constitutional decision of this Court, may not be
Most crimes are handled at the state level, because of federalism. About ten times as many people are incarcerated by the States as by the Federal government. The Feds have about as many people as California and Texas. Roughly 87% of federal prisoners are felons, roughly half of those are drug-related.
The U.S. Constitution is a delegation of power from the people enumerating the government’s powers and the limitations on those powers. Authorization examples: Article I, §8. examples: Amendment I Under the Constitution, state governments have general powers and the federal governmen.
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State outlines for all 50 states of America. If you’re looking for any of the following: State shapes and boundaries. A printable map of the United States. Blank state maps. Click any of the maps below and use them in classrooms, education, and geography lessons.
