Sources and Types of Law

Structure of Federal, State, & Local Courts

Anatomy of a Lawsuit & Trial

Class #2 – September 3, 2019 and September 5, 2019

Sources of Law
• Constitution (Federal and State)

• Statutes/Laws enacted by Legislatures

• Case Law/Precedent
• Binding v. Persuasive

• Executive Orders
Classifications of Law
• Criminal v. Civil

• What is the main difference?

• CONSEQUENCES!

• OR
Classifications of Law - Criminal
• Summary v. Misdemeanor v. Felony
• Inchoate Crimes
• Property and Theft Crimes
• Crimes Against the Person
• Homicide
• Sexually Based
• Drug Related
• While Collar
• Weapons
• DUI
Classifications of Law - Civil
• Tort – Negligence – Personal Injury • Immigration
• Real Estate • Estate and Probate
• Business – Contract – Corporate • Tax
• Employment • Medical Malpractice
• Bankruptcy • Products Liability
• Immigration • Copyright/Trademark – Intellectual
• Social Security – Workers Comp • Maritime and Aviation
• Medical Malpractice • Family
Two Sets of Law w/in Crim and Civ

• Substantive Law v. Procedural Law

• Substantive Law = the actual law itself; what is the definition of murder? The
“hills and ridges” doctrine

• Procedural Law = how we implement the law and proceed with a case
through the courts; What must I file? How does a trial progress? Deadlines.
Appeal Process

• Pennsylvania has the Criminal Code and then Code of Criminal Procedure
Conflict of Laws – Federal v. State v. Local
• Federal Law is controlling for the most part

• States and localities have sovereignty to make own laws and govern their
territory with certain exceptions

• States and Cities may give more rights, but not less

• Examples
• Marijuana Laws
• Search and Seizure by Police
• Employment Protections (protected classes)
Structure of the Court Systems

• Trial Courts & Appellate Courts

• Trial Courts focus on facts: guilt v. innocence, damages/sentencing, witness

testimony and evidence (jury and judge) (witnesses and evidence) (Plaintiff v.
Defendant) or (State v. Defendant)

• Appellate Courts focus on laws, rules and procedures: did the trial court follow the
correct procedures, make the right decisions of law, allow in the right evidence?
(panel of judges) (transcripts and legal briefs)
Federal Court Structure – Top to Bottom
• Supreme Court of the United States

• United States Courts of Appeal

• United States District Courts

• Specialized Courts

• Specialized Judicial/Administrative Agencies

Federal Court Structure – Con’t
• SUPREME COURT OF THE UNITED STATES

• Highest Court in the Land

• Comprised of 9 Justices appointed by President and confirmed by Senate;

appointment is for life

• Appellate Court only

• Court of Last Resort

• Chooses what cases to hear

• May hear federal and state matters

Federal Court Structure – Con’t
• United States Courts of Appeal

• Typically Panels of Three Judges – appointed by President for life

• Most significant creator of case law as most cases stop here and do not go on to the
Supreme Court

• Arranged into 11 Circuits

• Pennsylvania is in the 3rd Circuit along with Delaware, New Jersey and Virgin
Islands

• May hear federal and state matters

Federal Court Structure – Con’t
• 1st Cir. (Maine, New Hampshire, Massachusetts, Puerto Rico, and Rhode Island)
• 2nd Cir. (Vermont, New York, Connecticut)
• 3rd Cir. (Pennsylvania, New Jersey, Delaware, US Virgin Islands)
• 4th Cir. (West Virginia, Virginia, Maryland, Wash DC, North and South Carolina)
• 5th Cir. (Texas, Louisiana, Mississippi)
• 6th Cir. (Ohio, Michigan, Kentucky, Tennessee)
• 7th Cir. (Wisconsin, Illinois, Indiana)
• 8th Cir. (Nebraska, Iowa, Missouri, Arkansas, Minnesota, North and South Dakota)
• 9th Cir. (Montana, Washington, Oregon, Idaho, Nevada, Arizona, California, Alaska, Hawaii, Guam,
Northern Mariana Islands)
• 10th Cir. (Wyoming, Utah, Colorado, New Mexico, Kansas, Oklahoma)
• 11th Cir. (Alabama, Georgia, Florida)
Federal Court Structure – Con’t
• United States District Courts

• One judge per courtroom – appointed by President for life

• Trial Courts or courts of origin

• Hear only federal civil and criminal cases

• Jury Trials held here for federal cases

• All decisions appealed to United States Court of Appeals

• Divided up into Districts by State (One district or multiple districts within state depending on size and
population

• Pennsylvania has three districts

• Eastern District of PA – Philadelphia
• Middle District of PA – Allentown
• Western District of PA - Pittsburgh
Federal Court Structure – Con’t
• Specialized Courts

• Bankruptcy Court
• Tax Court
• Patent Court
• Military Courts

• Only handle the court’s specific area of expertise

• Appeals go to United States Courts of Appeal
Federal Court Structure – Con’t
• Specialized Administrative/Agency Courts:

• Social Security
• Equal Employment Opportunity Commission
• Fair Labor Standards Act Commission

• Hearings/Reviews with agency or admin judge first

• Act as gatekeeper for court system
• Will have a hearing and make a decision or provide “right to sue letter”
• Appeals go to District Courts for Trial
State Court System – Pennsylvania (pg. 6)
• Pennsylvania Supreme Court

• Pennsylvania Superior Court and Commonwealth Court

• Courts of Common Pleas

• Municipal and Magisterial Courts

• Administrative Agencies/Courts
State Court System – Con’t
• Pennsylvania Supreme Court

• Highest Appellate Court in Pennsylvania; Court of Last Resort

• Decisions may be appealed to Federal Appellate Courts

• Consists of 7 Justices (voted in by electorate)

• Hears appeals for all types of cases

State Court System – Con’t
• PA Superior Court v. PA Commonwealth Court

• Both appellate courts

• First line of appeal for trial court decisions

• Superior Court handles all criminal and civil appeals

• Commonwealth Court handles all appeals where the Plaintiff or Defendant is a

government (state or city)

• Panels of Three Judges voted in by electorate

State Court System – Con’t
• Courts of Common Pleas

• Main Trial Courts in Pennsylvania

• One CCP for each Pennsylvania County (67 Counties = 67 CCPs) (ex. Phila., Bucks,
Montco, Delco, Chester, Berks, Lackawanna, etc.)

• Have to follow the substantive law of PA, but each county may create its own set of
procedural laws

• Many CCP courts throughout PA are very “home field advantage” for lawyers and parties

• Judges of the courts are voted in by electorate

• Number of Judges depends on population

State Court System – CCP – Con’t
• CCP Courts have four divisions:

• Civil

• Criminal

• Family

• Orphans
State Court System – Con’t
• Municipal and Magisterial Courts

• Philadelphia and Pittsburgh have Municipal Courts; all other counties have Magisterial
Courts

• Municipal Courts require judges to be lawyers and are always courts of record; Magisterial
Courts have no employment or education requirement and are not courts of record

• These courts only hear specific cases

• These courts do not have juries

• These courts’ decisions are never final and may always be appealed to the Court of Common
Pleas for a new trial or arbitration
State Court System – Muni and Mag con’t
• Cases courts hear:

• Criminal Preliminary Hearings only; guilt innocence never determined

• Summary Offenses: disorderly conduct, underage drinking, public drunkenness

• Traffic Offenses

• Landlord Tenant Matters

• Civil Cases where the amount at issue is $12,000.00 or less

• City and Municipal Tax and Code Cases

• Never hear family law cases

State Court System – Con’t
• Administrative/Specialized Courts

• Worker’s Compensation

• Unemployment Compensation

• Professional Licensing (daycare, liquor control, beauticians)

• Human Relations Commission

Birth of a Lawsuit or Criminal Action
• First Consideration is:

• JURISDICTION

• Jurisdiction is a specific court’s power, ability, and authority to hear a

case
Jurisdiction con’t
• Personal and Subject Matter Jurisdiction

• Personal means the court must be able to exert power over one of the parties in the
case

• Subject Matter means the court must be authorized to hear the type of case
(criminal, family, real estate, etc.)
Jurisdiction con’t
• Federal Jurisdiction:

• Federal Law or Regulation (taxes, social security, civil rights)

• Violation of Federal Criminal Laws
• Federal Agencies
• Actions on Federal Land
• Actions involving investments, securities, stocks, etc.
• Patent, Copyright, and Intellectual Property
• Cases involving foreign countries
• Bankruptcy
• Disputes between States
• Diversity of Citizenship
• Immigration
Jurisdiction con’t
• State Jurisdiction:

• Violation of State Criminal Law

• Violation of State Laws or Regulations
• Family Law Matters
• Real Estate Matters
• Private contract and business disputes
• Professional Malpractice
• Auto Accidents, Slip and Fall, other injury matters
• Probate and Inheritance
• Traffic Violations
Jurisdiction con’t
• State or Federal:

• Certain Civil Rights/Discrimination Matters

• Class Action Lawsuits

• Environmental Lawsuits

• Diversity of Parties in injury cases

• Parties from Different states against each other and the amount at issue is $75,000.00 or more

• Cases may be removed to either court upon filing

Venue

• Proper place for lawsuit within the State or Federal Jurisdiction

• State County or Federal District

• Civil or Family Division
Jurisdiction Hypothetical?
• Elizabeth, a resident of Kent County, Maryland, slams into the back of a car
driven by Paul, a resident of Montgomery County, Pennsylvania. The accident
occurs on Naaman’s Road in Wilmington, DE. The accident causes Paul to
suffer spinal injuries leaving him paralyzed from the waist down. It is
determined that Elizabeth was driving under the influence with an alcohol
content of .18%. Due to Paul’s paralysis, his wife leaves him and their daughter
and moves to California with another man. Paul files for divorce and child
support. Paul’s employer fires him due to his paralysis. Since Paul lost his job
he must file for bankruptcy.

• What jurisdiction(s) and venue(s) may Paul sue Elizabeth in?

• What jurisdiction will prosecute Elizabeth for driving under the influence?
• What jurisdiction will hear Paul’s Divorce and Child Support case?
• What jurisdiction will hear Paul’s case discrimination against his employer?
• Where will Paul file his bankruptcy?
The Lawsuit Process – Timeline, Terms Concepts
• Pre-Lawsuit

• Retain Attorney, Investigate, Research, Settlement Negotiations, Prepare Strategy

and Lawsuit

• Who has standing to sue and who may be liable?

• Research and Consider Statute of Limitations

• Decide on proper jurisdiction and venue; if multiple options, strategy comes into
play
The Lawsuit Process – Timeline, Terms Concepts
• Lawsuit Phase

• Plaintiff Files a Writ of Summons or Complaint - Pleadings

• Defendant(s) have 30 days to:

• Issue a Rule to File a complaint in the event of a Writ

• File and Answer and New Matter to the Complaint
• File Preliminary Objections or Motions to Dismiss the Complaint, Make Amendments to the
Complaint, Joinder of other Parties, Removal
• Motion for Judgment on the Pleadings
The Lawsuit Process – Timeline, Terms Concepts
• Lawsuit Phase con’t

• Once the complaint is answered and initial motions disposed of, the case moves to the Discovery
Phase – court monitored/controlled investigation

• Interrogatories
• Depositions
• Request for Admissions
• Production of Documents
• Sworn Statements
• Evidence inspection or Site Inspection
• Expert Disclosure and Reports
• Subpeoans

• If a party does not comply with requests, may file motions to compel discovery or object to discovery
actions, Motions to Quash

• Process may take anywhere from 6 months to 2 or 3 years

The Lawsuit Process – Timeline, Terms Concepts
• Lawsuit Phase con’t – Discovery Phase Completed

• Motions for Summary Judgement – if granted can appeal decision

• Motions to Exclude Evidence known as Motions in Limine

• Stipulations as to Facts or Evidence

• Settlement Conference or Mediation

• Arbitration, Trial or Both

• Verdict
The Lawsuit Process – Timeline, Terms Concepts
• Post Verdict Phase

• Motion to Dismiss/Set Aside Verdict

• Motion for Reconsideration

• Motion to Reassess Damages

• Appeal to first level of Appellate Courts w/in 30 days of verdict or denial of post trial
motions, or granting of summary judgment

• Appellate Court sets deadlines for briefs and oral argument