Court System
Sources of Law
• Statutes: laws passed by state legislatures or
Congress
– Substantive & legal rights
– Procedural rules
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Louisiana Code of Civil Procedure
Louisiana Code of Criminal Procedure
Louisiana Revised Statutes
Louisiana Code of Evidence
Louisiana Children’s Code
• Court Cases:
– English common law
– Stare decisis: let the decision stand
– Court hears a case & renders an opinion; the decision
guides the court in all cases like the previous one.
• Constitutions
– State & federal
– No state law make violate federal law
Federal Court System
• U.S. Supreme Court
– Highest court in the federal system
– Chooses particular cases to hear
– If the court wants to hear a case, it issues a writ of
certiorari
• U.S. Court of Appeals or U.S. Court of Appeals for
the Federal Circuit (first level of appeal-13 circuits)
• Courts of Original Jurisdiction (Special & district)
– This is where litigation starts on the federal level.
– There are 96 judicial districts.
Special Federal Courts
• U.S. Tax Court—federal tax issues
• U.S. Court of Federal Claims—cases brought against
the U.S. government (only if the federal
government allows itself to be sued.)
• U.S. Court of International Trade—tariffs &
international commerce
• U.S. Bankruptcy Court—federal bankruptcy laws
• Which LA code would you look in for info on
criminal law?
• Which LA code would you look in for info on the
handling of expert witnesses?
• Where would you look for info on child support?
• What are the first 10 amendments to the U.S.
Constitution called?
• How many justices are there on SCOTUS?
• Who is the head of the Supreme Court?
• Is the decision of SCOTUS final or can it be
appealed?
• Can any case be heard by SCOTUS?
Decisions of the Appeals Court
• When a court case is appealed, the appeals court
doesn’t hear new evidence or have witness
testimony (errors of law.)
• Appeals court is only looking for inaccuracies in the
trial or legal issues.
• Decisions include
– Affirm: let the court decision stand
– Affirm with modification: decision stands with some
modification
– Reverse: changes the decision to the opposite
– Reverse & remand: how the court would rule; change
State Court System
• State Supreme Court is the highest court in the
state.
– LA’s is located in NOLA
• State Court of Appeals
– In LA it is known as the Courts of Appeal
• District Courts
– Courts where litigation begins.
• Municipal or parish Court
– Local offenses
Why is this important?
• Knowing the court system is important because it
relates to jurisdiction.
• If the court doesn’t have jurisdiction over your
claim, then your claim will be thrown out of court.
• The court needs to have subject matter & personal
jurisdiction over the claim.
– Subject matter jd: power of the court to hear the claim
– Personal jd: power of the court to bind a person to a
judgment.
Internet Research
• What judicial district is the court in Assumption
parish located in?
• What federal court of appeal is LA in?
• How many federal judicial districts are there in LA?
• What is the website for the federal court in NOLA?
• What is the website for the federal court system?
• How many articles are there in the LA Code of Civil
Procedure?
• Where are the LA Courts of Appeal located?
• Which LA code & article would deal with the arrest
of a suspect?
• Which LA code & article would deal with mental
exam after plea of insanity?
• How many articles are in the LA Code of Criminal
Procedure?
• What article in the LA Code of Civil Procedure deals
with voluntary withdrawal of a claim?
• How many articles are in the LA Code of Evidence?
• What does article 506 deal with in the Code of
Evidence?
Stages of Litigation
• Civil litigation begins when someone files a
complaint (Petition for Damages in LA) with a court
that has jurisdiction.
• The person filing the complaint is called the plaintiff
& the person being sued is called the defendant.
• Before filing a complaint, the plaintiff has to be
aware of the statute of limitations (in LA it is called
prescription.)
• FRCP Rule 11/LA CCP Rule 863: reasonable inquiry
• The complaint has to be filed with the Clerk of
Court & then it needs to be served on all the people
named in the complaint.
• The defendant then answers the complaint (admits,
denies, or claims no knowledge.)
• If the defendant doesn’t answer, then a default
judgment could be handed down.
• Most cases are settled out of court.
• If the case is going to trial, then the next step is
discovery & motions.
• After discovery & motions, then the case proceeds
to trial.