Law Basics & Legal System

Topics of relevance as identified by the
 American Board of Psychiatry & Neurology Board Certification Examination Content Outline.

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Foundations of Law

Constitutional Law

  • US Constitution

    • Supreme law of the United States

    • Establishes the federal government

    • Divides power

    • Sets up checks and balances

    • Protects individual rights

  • State Constitutions

    • Govern within the state’s borders

    • Cannot override or contradict US Constitution

Statutory Law

  • Federal Statutes

    • Laws passed by Congress and signed by the President

  • State Statutes

    • Laws enacted by State Legislature and signed by the Governor

Regulations/ Administrative Law

  • Created by executive agencies empowered by statutes to regulate specific areas

Case Law

  • Developed by judges through court decisions

  • Based on precedent (Stare Decisis - “Let the decision stand”)

Adjudicative Process

Criminal Law

  • Government v. Defendant

  • Aim: Punish, Deter, Rehabilitate, Protect Society

  • Penalties: Fines, Incarceration

  • Burden of Proof: Beyond a Reasonable Doubt, rests with government

  • Criminal Procedure:

    • Investigation

    • Arrest (requires probable cause)

    • Charging (by prosecutor)

    • Initial arraignment

      • Defendant appears before judge & enters a plea

      • Bail or pre-trial release determined

    • Preliminary Hearing (determine if enough evidence to proceed)

    • Grand Jury (determine if probable cause for indictment)

    • Pretrial Motions

    • Trial

    • Verdict

    • Sentencing

    • Appeals

Civil Law

  • Plaintiff v. Defendant

  • Aim: Make the injured party whole

  • Penalties: Monetary damages

  • Burden of Proof: Preponderance of the Evidence (more likely than not), rests with plaintiff

  • Civil Procedure:

    • Governed by Federal Rules of Civil Procedure (FCRP) in federal system, and similar rules in state systems

    • Plaintiff files claim, including facts, legal claim, and requested relief

    • Service of process formally notifies defendant

    • Defendant responds with answer or motions

    • Discovery (interrogatories, depositions, requests for production)

    • Pretrial motions

    • Resolution through settlement, pretrial arbitration, mediation

    • Trial (if not resolved)

    • Judgment

    • Post-trial motions

    • Appeals

Evidentiary Admissibility

The judge serves as the gatekeeper for admission of scientific and technical evidence.

General Acceptance (Frye Standard) - Frye v. US, 1923

  • Is it generally accepted by the scientific community?

  • Used by some states.

Daubert Standard - Daubert v. Merrell Dow, 1993

  • Prongs:

    • Can/has the methodology been tested?

    • Is the technique subject to peer review and publication?

    • Is there a known or potential error rate?

    • Do standards exist, and are they maintained?

    • Is the technique generally accepted by the relevant scientific community?

  • Used in the federal system and many states.

  • Applies to all expert evidence, not just scientific (Kumho Tire v. Carmichael, 1999)

Federal Rule of Evidence 702 (FRE 702)

  • Governs admissibility of expert testimony in federal cases.

  • Expert must be qualified by knowledge, skill, experience, training, or education, with specialized knowledge beyond what the ordinary person would know.

  • Expert may testify if:

    • Expert’s specialized knowledge will help the trier of fact to understand the evidence or determine a fact at issue.

    • Testimony is based in sufficient facts & data.

    • Testimony is the product of reliable principles and methods.

    • Expert has reliably applied the principles and methods to the facts of the case.

Standards for Expert Testimony

Federal Rule of Civil Procedure 26 (Rule 26)

  • Provides rules for use of expert witnesses in federal cases.

  • Each party must provide a list of experts they plan to call at trial at least 90 days prior.

  • Rule 26 Expert Reports: Experts must prepare a report containing their opinions and their basis, data reviewed, expert qualifications, compensation, and a list of prior testimony over the past 4 years.

Standard of Proof

Standard of Proof: the degree of certainty or evidence required for a ruling

Beyond a Reasonable Doubt

  • Highest level of evidence.

  • Used in criminal cases, SVP cases (most states)

Clear and Convincing Evidence

  • Intermediate level of evidence.

  • Used in civil cases, civil commitment, insanity (federal & most states), termination of parental rights, guardianship, will contests, withdrawal of life-sustaining treatment of an incompetent individual, deportation.

Preponderance of the Evidence

  • More likely than not, >50%

  • Used for commitment of NGRI acquittees, competency to stand trial, workers’ compensation.

Probable Cause

  • Used for arrest, search, & seizure.

Reasonable Suspicion

  • Lower than probable cause.

  • Used for stop & frisk or investigative stops.