Unit 1: U.S. Sources of Law

How many district courts of appeals does Ohio have?

12

Minimum number of judges in each appellate district

3

Which amendments to the U.S. Constitution guarantee due process?

5th + 14th

How many justices sit on the Ohio Supreme Court?

7

The four sources of law in the U.S. are constitutional, statutory, case, and _______.

Administrative

Which source of law is responsible for the creation and operation of public regulatory agencies?

Administrative

What are the four sources of law in the U.S.?

Administrative laws and ordinances Statutory law Constitutional law Case law

Settlement

Agreement that occurs in a civil lawsuit resulting in the plaintiff dropping the suit in exchange for financial compensation or agreement to a specific action or set of actions

Contract Law

Agreements that legally bind two or more people or organizations

These courts review decisions made by the lower courts if an appeal has been made to reverse the original verdict.

Appellate/circuit courts

What are the three ways in which a legal dispute may be resolved?

Arbitration Mediation Litigation

Dispute resolutions that don't involve litigation

Arbitration and mediation

Describes the rules and judicial practices used by the courts to conduct a proceeding in which the court hears the claims of an individual or group against another individual or group Can vary from state to state, but not in the federal courts

Civil procedure

Which municipal court in Ohio can hear mortgage foreclosure cases up to $15,000?

Cleveland

Which source of law regulates governmental action?

Constitutional

Which of the following are the primary sources of law in the U.S.?

Constitutional, statutory, administrative, and case law

In Ohio, two types of trial courts are:

County and municipal

Describes the rules and judicial practices used by the courts to conduct a proceeding in which the court presides over a case in which the state is prosecuting an individual for committing a felony or misdemeanor

Criminal procedure

Case law

Establishes legal precedent as a result of the court's interpretation of other sources of law

Corporate law

Federal and state statutes that govern the formation and operation of corporations

Administrative laws and ordinances

Governs the creation and operation of public regulatory agencies (boards, commissions, departments, etc.)

U.S. Bankruptcy Court

Hears cases involving bankruptcy. There is one bankruptcy court per district.

U.S. Court of International Trade

Hears cases involving international trade disputes

U.S. Court of Federal Claims

Hears cases involving monetary claims against the U.S. government, such as tax refund suits or government contract disputes

During litigation, who provides the binding decision?

Judge

Tort law

Laws addressing harm inflicted on a person or property, either intentionally or unintentionally

Family Law

Laws addressing how to handle family matters (marriage, divorce, etc.)

Property Law

Laws involving real or personal property ownership, rights, and inheritance, as well as the sale and purchase of real property

Criminal law

Laws that address offenses against society

Administrative law

Laws that control the actions of governmental agencies

Constitutional law

Laws that protect citizens' rights

International law

Laws that specify how nations should interact with one another

Trusts and wills

Legal vehicles by which ownership of property is transferred from one party to another

Administrative Laws and Ordinances

Legislation associated with this source of law is allowed by the state and enacted by local governments within the state. Examples include zoning and building codes. The laws associated with this source of law are enacted by administrative agencies, which are governmental bodies of the city, county, state, or federal government.

You're meeting with a party with whom you're having a dispute. Someone is acting as a go-between and will make a recommendation at the conclusion of the meeting. What type of dispute resolution are you participating in?

Mediation

Construction company BuildZone has been cited for violating a building code during the construction of a new apartment complex. Which Ohio court will hear its case?

Municipal court

Ohio state court system

Municipal court, county court, court of common pleas, court of appeals, and the Ohio Supreme Court

What factors can influence the method chosen to resolve a legal dispute? Select all that apply.

Need for a quick resolution Whether the parties are willing to reach a solution without involving the courts Seriousness of the matter at hand

Civil Litigation

One individual or entity sues another for compensation

Partnership law

Procedures for forming, organizing, and dissolving legal business arrangements between two or more persons

Substantive law is divided into which two categories?

Public + private

Constitutional Law

Regulates government action

Statutory law

Regulates individual or private action

Law of agency

Rules that govern the relationship between one party (the agent) acting on behalf of another party (the principal)

which source of law impacts real estate matters, such as mortgage lending, environmental laws, civil rights, real property, professional licensure, and agency laws?

Statutory law

Criminal litigation

The government sues an individual or entity for violating a law in order to punish the wrongdoer and protect society

Case law ex

The laws associated with this source of law are created when judges rule on the facts of a particular case.

Statutory Law Ex

The laws associated with this source of law at the federal level are enacted by Congress and include areas of mortgage lending, environmental laws, and civil rights. The laws associated with this source of law at the state level are enacted by state governments and include real property, professional licensure, and agency laws.

Appeal

The losing party in a lawsuit challenges the lower court's decision in a higher court

Arbitration

The parties agree to let an impartial third party determine the outcome of the dispute. The decision can be binding or nonbinding.

Litigation

The parties attempt to settle their differences in a court of law via a lawsuit.

Administrative Agencies/Boards

These agencies and boards hear cases involving agency claims and disputes.

Armed Forces Court of Appeals

This court hears appeals for cases having to do with active military personnel.

Veteran Claim Court of Appeals

This court hears appeals for cases having to do with claims made by retired military personnel.

U.S. Patent/Trademark Office

This court hears cases having to do with patent and trademark issues.

U.S. Tax Court

This court hears federal tax law cases.

Constitutional Law Ex

This is the supreme source of law, and it's based on the U.S. Constitution. This source of law is applicable in every state and is the basis for every state constitution.

These courts try and decide cases.

Trial/district courts

Which court is composed of nine judges appointed by the president and approved by the senate?

U.S Supreme Court

This court reviews evidence and may reverse or modify decisions made by the lower courts. The decision of this court is final.

U.S. Supreme Court

Which court is the highest court in the U.S. federal court system?

U.S. Supreme Court

Mediation

the parties meet with a third party, the mediator, to attempt to resolve their differences

Court of Common Pleas

which are the primary trial courts in Ohio

Small claims cases in Ohio involve monetary damages up to ______.

$6,000

What's the dollar limit for damages in Ohio's small claims courts?

$6000