The U.S.

Legal System
and Legal Research

Chapter 3
Relationship of the Law to the
Branches of Government
Rules, Regulations, and Laws

 Constitution
 Statutes
 Regulations
 Common/case law
U.S. Supreme Court

 Court of last resort

 Certiorari:
 A court order stating that the court will or will not
review a lower court’s decision
 A case may be appealed only on grounds of a
legal error.
Possible Actions of an Appellate Court

 Affirms decision of lower court

 Reverses the decision
 Remands the case back to the lower
court with instructions to reexamine it
Criminal and Civil Courts

 Criminal:  Civil:
 Prosecute people  Hear cases of a
charged with a crime noncriminal nature
against the state  May involve a jury, or
 Involve a trial by a jury may involve a judge
of one’s peers with no jury
 Must prove guilt  Must prove the case
beyond a reasonable by a preponderance of
doubt the evidence
Civil Cases

 Causes of action:
 Contract disputes
 Employment discrimination
 Torts
 Process followed in a civil trial:
1. Plaintiff files complaint
2. Defendant answers complaint
3. Discovery
4. Settlement or trial
Concluding a Trial

 Decision of full merits of the case

 Motion to dismiss for failure to state a claim
 Motion for summary judgment
 Preliminary injunction
Court Interpretation of Statutes

 Courts use canons of statutory construction

(time-honored maxims)
 Potential problems:
 Canons may contradict one another
 Statutes may be old and could result in an unjust
interpretation in light of contemporary situation
 Statutory language may be ambiguous
Court Interpretation of Common Law

 Cumulative process:
 Stare decisis
 Binding precedent
 Effect: Uniformity, stability, and predictability
 Interpretive process:
 Effect: Flexibility; adaptation of existing law to
new situations
Court Interpretations
of Regulations and Constitutions

 Regulations:
 Courts defer to interpretations made by the
agencies responsible for enforcing the
regulations.
 Constitutions:
 Courts have the final word.
Competitive Advantage Strategies
The U.S. Legal System

 Pay attention to statements in the news about

how the U.S. legal system works—so you will feel
comfortable about applying knowledge to future
decisions.
 Talk to a trusted colleague if you have a concern
about a legal problem—to see if you are
interpreting it correctly and to role-play the
various arguments.
Alternative Dispute Resolution (ADR)

 A method for resolving a conflict while avoiding a

lengthy trial
 Arbitration
 Mediation
 Alternative dispute resolution in sports:
 In players’ contracts
 In collective-bargaining agreements
 In a sport organization’s constitution and by-laws
Primary Legal Resources

 Constitutions
 Statutes
 Regulations
 Court decisions (case reporters)
Secondary Legal Resources

 Law dictionaries  Case digests

 Legal encyclopedias  Indexes
 Case summaries  Electronic databases
 Restatements  Websites
 Treatises and  Shepard’s Citators
hornbooks
 Law reviews
Sampling of Law-Related Websites
 www.findlaw.com
 www.law.com
 Library of Congress “Thomas” website:
http://thomas.loc.gov
 Marquette Law School: www.law.marquette.edu
 Gender Equity in Sports (University of Iowa):
http://bailiwick.lib.uiowa.edu/ge/
 Sports & Recreation Law Association (SRLA):
www.srlaweb.org
Stages of Legal Research

1. Identify the specific issue to be

researched.
2. Find the relevant law.
3. Read and summarize the relevant law.
4. Update the relevant law.
5. Organize the information you have
collected.
Items to Consider
When Identifying Legal Issues

 Parties
 Objects
 Places
 Basic issue of the case
 Possible defenses
 Relief desired
Framework for Organizing Information
Components of a Case Brief

 Citation information
 Facts
 Issues presented
 The holding (final ruling on the issue being
decided)
 The rationale (or reasoning) used by the court
to justify its decision
Competitive Advantage Strategies
Using Basic Legal Strategies

 Conduct preliminary legal research on an issue to

determine if you need legal advice.
 Consult a lawyer to make sure a certain legal principle
is relevant to the issue.
 Use a preventive law approach and use a lawyer to
help draft contracts, policies, and risk management
planning.
 Have a working understanding of basic legal issues
facing your organization or event.