2. Chapter Objectives
After reading this chapter, you will know the
following:
• The primary sources of law in the U.S. legal
system
• The function and process of the federal and
state court systems
• The key types of law in the United States
• Common legal resources
3. Why Is This Important?
• To understand legal consequences of
decisions
• To use legal knowledge to aid in
management decision making
• To understand legal terminology and
concepts
• To gain an interest in law
4. Sources of U.S. Law
• English common law
• Constitutional law
• Statutory law
• Administrative law
5. Common Law
• Tradition began in medieval England
• Employs a system of precedents, known as
stare decisis, to assist in deciding future
cases
– Prior court decisions serve as a guide to similar
future cases
• Serves as a basis of the legal systems of
most English-speaking nations
6. Constitutional Law
• Derives from U.S. Constitution and state
constitutions
• Set forth the basic organization, powers,
and limits of their respective governments
• Any statute, court ruling, or administrative
rule cannot contradict the constitution
• Bedrock to the legal system
7. Statutory Law
• Statutes are enacted by state and federal
legislatures
• Ordinances are laws created by local (e.g., city)
governments
• Under the Supremacy Clause of the U.S.
Constitution, federal law supersedes conflicting
state law
• Common statutory law that applies to sports:
– Title IX
– Americans with Disabilities Act
– Volunteer Immunity Act
8. Administrative Law
• Involves rules promulgated by specialized
bodies created by local, state, and federal
governments
– Given the power by local, state, and federal
governments to create and enforce their own laws,
often termed rules and regulations
• Examples of administrative agencies:
– IRS
– OHSA
– FTC
9. Court Systems
• State system
– State trial courts
– State courts of appeal
– State supreme court
• Federal system
– U.S. (federal) district courts
– U.S. (federal) courts of appeal
• United States Supreme Court
– Nine justices
– Chief Justice is John Roberts
10. Trial Courts and Appellate Courts
• Trial courts
– Decide cases based on evidence presented
– Juries serve as fact finders
• Appellate courts
– Do not review new evidence, listen to witnesses,
make different or new determinations of fact, or use
a jury
– Focus on questions of law: application,
interpretation, constitutionality
– Often remand cases back to trial courts based on
their legal interpretation
11. Jurisdiction of Courts
• State courts: Usually hear cases involving
state law
• Federal courts: More limited jurisdiction
– Federal law
– Federal question
– Diversity of citizenship
– Federal specialized courts hear particular types of
cases:
• Military
• Tax
• Bankruptcy
12. Anatomy of a Lawsuit
• Complaint (allegations by P)
• Answer (response by D)
• Discovery: depositions and interrogatories
• Motions: dismissals and judgments
• Trial: jury selection, opening and closing
arguments, direct and cross examinations
(P, then D), closing arguments
• Appeals
13. Legal Resources
• Primary sources: actual law
– U.S. and state constitutions
– Federal and state statutes
– Court rulings (common law)
– Regulations
(continued)
14. Legal Resources (continued)
• Secondary sources: scholarship
• Examine, inform, or review law; legal issues
and topics
– Law review articles
– Professional journals
– American Law Institute (Restatement series)
– Journal of Legal Aspects of Sport
– This textbook
15. Locating Legal Resources
• Lexis-Nexis database
• Lexis-Nexis academic universe
• Westlaw database
• Sports Law Blog
• For additional legal information, go to
www.findlaw.com
16. Legal Citations
Doe vs. XYZ Corp. 555 F .2d 777
Case name Volume Name of Page
number reporter number
