The Structure of our Courts
Legal Research and Writing
Orientation
August 12, 2004
Source of Law:
The United States Constitution
Allocates powers
between state and
federal system.
Establishes Federal
Court System
Allow for state
constitutions to
provide framework for
state governments and
court systems.
What Does Federalism Mean?

The Constitution

1) grants powers to the
federal government,

2) states it may enact any
laws that are "necessary
and proper" to exercising
these powers, and

3) asserts that all powers
not granted to the national
government are retained
by the states(10th Amend.)
What Does it mean to say we
have a Dual Court System?
Jurisdiction
What does jurisdiction mean?
What does general versus limited mean?
How do you get state law jurisdiction?
How do you get federal jurisdiction?
-Diversity
-Federal Question
The Source of Law Comes From
All Three Branches of Government.
United States and Alabama Constitutions
Legislative Branch
U.S. Const., Article I
Ala. Const., Article IV
Executive Branch
U.S. Const., Article II
Ala. Const., Article V
Judicial Branch
U.S. Const., Article III
Ala. Const., Article VI
All three branches of government have some lawmaking power.
The Legislative Branch

How does the
Legislative Branch
make law?

By enacting statutes
by way of the
authority granted to
them by federal or
state constitutions.
The Executive Branch

How does the Executive Branch
make law?
Through Executive
Orders
Congress can also give
the Executive Branch
power to promulgate
regulations in order to
enforce legislation
The Executive Branch

Can you think of an example of how Congress
gives the Executive Branch power to
implement legislation?

The Internal Revenue Service
(which is part of the Executive Branch),
promulgates regulations needed to implement
Internal Revenue Code (which is legislation
adopted by Congress).
The Judicial Branch
What are two ways the Judicial Branch develops law?
1) By interpreting constitutional and
statutory law and applying them to
factual circumstances
2) Through the creation of judge
made law arising in situations
not covered by constitutional or
statutory law.
Typical Court Hierarchy

Trial courts
–

Appellate courts
–

Fact-finding
Corrects Errors
Supreme Court
–
Make law
The Federal Court System
The U.S. Supreme Court

The U.S. Supreme Court
hears selected appeals
from the United States
Courts of Appeals.

It does not decide
questions of state law.

It will hear appeals from
the highest state courts
only where the state
court's decision has been
based upon federal law
Federal Courts by Circuit
The Courts of Appeals are divided into 13 Circuits
The Alabama Court System
Supreme Court of Alabama
Court of Civil Appeals
Court of Criminal Appeals
Circuit Courts
Probate Courts
District Courts
Municipal Courts
Alabama Judicial Circuits
What is the mandate of our court system?
(i.e. what is the job of our courts?)

One possibility is that courts are
supposed to dispense justice.

Another is that they are supposed
to find and apply the correct law.

The first possibility is too liberal. The second is
too rigid. Neither describes what courts do.
Equitable vs. Legal Claims

In England, the Courts of Common Law
dispensed Justice and the Courts of Chancery
were created in contrast, when common legal
remedies were too harsh or inadequate.
Although we do not have this kind of duality,
remnants of this idea are implicit in what we
call legal as opposed to equitable claims
The Common Law
Common law, or “case law” which has its roots in
the English system varies from state to state. There
are however common views on general principles.
(Restatement of Torts, contracts, etc.)
Federal courts do not engage in the creation of
common law but have retained case law in a few
restricted areas such as procedural court rules and
admiralty law.
Creating the Common Law
 State
v. Blight
(adapted from)
 Regina
v. Dudley & Stephens,(1884)