US Law: Sources, Types & Remedies

US Law Sources & Types

• Four primary sources of U.S. law: constitutional, statutory, administrative, and case law/common law doctrines
• Laws establish rights, duties, and privileges
• U.S. Constitution is the supreme law of the land
• Statutory law includes federal/state legislation, local ordinances, and uniform laws
• Administrative law includes federal/state agencies
• Case law and common law doctrines include court rulings
• King's courts used precedent
• Common law tradition established by King's courts
• Stare decisis is the practice of deciding new cases based on precedent
• Higher court's decision is binding authority (precedent) on lower courts
• Precedent can be departed from when societal values change
• Remedies enforce a right or compensate for injury

Remedies & Types

• Remedies restricted to money or property are remedies at law
• Remedies based on justice and fairness (when remedies at law are inadequate) are remedies in equity
• Equity remedies include specific performance, injunctions, and rescission
• Most courts today can award remedies in equity if a remedy at law is inadequate
• Equitable principles and maxims include laches (delay) and statutes of limitations
• Statute of limitations is the time limit for court action
• Substantive law defines and regulates rights and duties, while procedural law establishes methods for enforcing them
• Civil law concerns private rights and duties, and criminal law concerns public wrongs against society
• National law pertains to a particular nation, and international law encompasses observed nations' laws

Finding and Understanding Law

• Statutory or administrative law found in U.S. Code (USC), state codes, and administrative rules (CFR)
• Case law found in regional/national legal reporters (e.g., West Group)
• Case citation includes parties, location of the case, and the deciding court
• Courts' decisions (majority or dissent) form the basis of the law
• Alternative dispute resolution methods: negotiation, mediation, and arbitration
• Judicial review is the process of determining the constitutionality of legislative acts
• Requirements to enter court: jurisdiction, venue, and standing to sue

Jurisdiction, Venue, and Standing

• Jurisdiction is the court's power to decide a matter
• Types of jurisdiction: in personam (over person), in rem (over property, real, personal, intangible)
• Long-arm statutes and corporate contacts expand in rem jurisdiction
• Subject matter jurisdiction: limited (probate, bankruptcy) or general (state trial court)
• Original vs. appellate jurisdiction: where a case begins and appeals are heard
• Federal court jurisdiction: federal question (federal law) and diversity jurisdiction (bias)
• Venue: appropriate location for a trial (where the injury occurred)
• Standing to sue: having suffered a legal injury

Appellate Courts & Litigation

• Highest state court's decision is final
• Appellate courts can affirm, modify, or reverse a lower court's decision
• Appellate courts hear cases without retrying them; only briefs are considered
• U.S. Supreme Court review requires a rule of four
• Litigation process: pleadings, pre-trial motions, discovery, pre-trial conference, jury selection, trial, post-trial motions, and appeals
• Pleadings include plaintiff's complaint, service/summons, and defendant's answer
• Pre-trial motions include motion for judgment on the pleadings and motion for summary judgment
• Discovery involves depositions, evidence, and electronic discovery
• Trial includes opening statements, plaintiff's case, defense, and closing arguments (could involve motions for a direct verdict)
• Post-trial motions include motion for judgment notwithstanding the verdict (JNOV) and motion for a new trial
• ADR (Alternate Dispute Resolution) settles 90% of cases and is typically cheaper

Ethical Considerations and Dispute Resolution

• Ethical decisions require justification, evaluation, discussion, decision-making, and inquiry.
• Ethical approaches include duty-based (religious) and outcome-based (cost/benefit analysis)
• Unreasonable goals can lead to unethical behavior
• Codes and whistleblowing mechanisms (sarbanes-oxley) ensure accountability
• Grease payments are permissible and legal (facilitate bureaucratic processes)

U.S. Government Structure & Powers

• U.S. government structure: legislative, executive, and judicial branches
• Legislative branch writes laws (veto/judicial review by other branches)
• Executive branch enforces laws (senate approves treaties/supreme court can declare uncon.)
• Judicial branch declares laws/actions unconstitutional
• Commerce clause is the most important constitutional power for businesses. It applies to virtually all commercial transactions.
• Dormant commerce clause: national government has exclusive power to regulate interstate commerce. State/federal laws with direct conflict, state law is invalid
• Preemption: When Congress chooses to act exclusively in a concurrent area

Constitutional Rights

• First Amendment includes freedom of speech and religion
• Freedom of speech is not absolute and has exceptions (content-neutral, fighting words, certain social problems, content-specific)
• Unprotected speech includes defamatory, threatening, fighting words, and obscene speech
• Establishment clause prevents government establishment of religion
• Free exercise clause protects religious freedom
• Due process (Fifth/Fourteenth Amendments) ensures fair treatment
• Types of due process: procedural (notice, hearing) and substantive (content of right)
• Equal protection (Fourteenth Amendment) ensures similar treatment for similarly situated individuals
• Equal protection tests: strict, intermediate, and rational scrutiny

Administrative Law

• Federal administrative agencies created by enabling legislation passed by Congress
• Delegation doctrine: Congress's power to create federal agencies
• Agency powers have executive (veto power), legislative (give/take away power), and judicial oversight (appeals)
• Courts' review of agency decisions: standing to sue, exhaustion doctrine (all agency remedies must be utilized)
• Agency action is upheld unless arbitrary or capricious
• Test for arbitrary/capricious: unexplained policy changes, inappropriate factors, failing to consider relevant factors, or contrary decision to evidence
• APA (Administrative Procedure Act): rulemaking, investigation, adjudication powers for agencies
• APA rulemaking follows notice-and-comment procedure
• APA investigations include summoning witnesses and evidence
• APA adjudication process resolves disputes with administrative law judges
• Chevron deference allows courts to defer to agency interpretations in ambiguity
• Agencies accountable to public through freedom of information act, gov in sunshine act, and regulatory flexibility act

Explore the primary sources of U.S. law, including constitutional, statutory, administrative, and case law. Learn about remedies at law and equity, understanding how legal and equitable solutions enforce rights and compensate for injuries. Discover the common law tradition and the principle of stare decisis.