US Legal System

The US Legal System on the CP Exam

The US Legal System content area represents 15% of the NALA Certified Paralegal exam, making it one of the three highest-weighted sections. This area tests your understanding of how American courts are organized, how jurisdiction works, where law comes from, and how the federal and state systems interact. Paralegals must understand these foundational concepts because they affect every legal matter a law firm handles.

Court Structure

The federal court system has three tiers: U.S. District Courts (trial courts), U.S. Courts of Appeals (13 circuits), and the U.S. Supreme Court. Each state maintains its own parallel system with trial courts of general and limited jurisdiction, intermediate appellate courts (in most states), and a court of last resort. Understanding which court has authority over a particular case is essential for paralegals who draft pleadings and conduct legal research.

• Federal District Courts: 94 districts across the U.S., at least one per state. These are the trial courts of the federal system where cases are first heard.
• Circuit Courts of Appeals: 13 circuits (11 numbered, D.C. Circuit, Federal Circuit). Review district court decisions for legal error.
• Supreme Court: Discretionary review via certiorari (Rule of Four). Final arbiter of constitutional questions.
• State trial courts: Courts of general jurisdiction hear most cases. Courts of limited jurisdiction handle specific matters (family, probate, small claims).

Jurisdiction

Jurisdiction determines which court has the authority to hear a case. The CP exam tests both subject matter jurisdiction and personal jurisdiction extensively.

• Subject matter jurisdiction: Federal courts have limited jurisdiction. Federal question jurisdiction (28 USC 1331) covers cases arising under federal law. Diversity jurisdiction (28 USC 1332) requires complete diversity of citizenship and amount in controversy exceeding $75,000.
• Personal jurisdiction: A court must have authority over the defendant. This can be established through domicile, consent, minimum contacts (International Shoe), or state long-arm statutes.
• Supplemental jurisdiction: Federal courts may hear state law claims that share a common nucleus of operative fact with a federal claim (28 USC 1367).
• Removal: Defendants can remove cases from state to federal court when federal jurisdiction exists (28 USC 1441). Must be done within 30 days of service.

Sources of Law

The CP exam expects you to understand the hierarchy of legal authority and distinguish between primary and secondary sources.

• Constitutional law: The U.S. Constitution is the supreme law. State constitutions govern within their states but cannot conflict with federal constitutional provisions.
• Statutory law: Legislation enacted by Congress (codified in U.S. Code) and state legislatures. Statutes must be constitutional to be enforceable.
• Administrative law: Regulations created by executive agencies under delegated authority. Published in the Code of Federal Regulations (CFR).
• Case law: Judicial decisions that interpret statutes and the Constitution. Stare decisis requires courts to follow binding precedent from higher courts in the same jurisdiction.
• Secondary sources: Legal encyclopedias, treatises, law review articles, and Restatements. Persuasive but not binding authority.

Federalism

The division of power between federal and state governments is a foundational concept. The Supremacy Clause (Article VI) makes federal law supreme when there is a direct conflict. The Tenth Amendment reserves powers not delegated to the federal government to the states. The Commerce Clause gives Congress broad authority to regulate interstate commerce.

Build your understanding of the US legal system with CP exam flashcards covering court structure, jurisdiction, and sources of law. Test your knowledge with practice exams that mirror the real CP exam format. Sign up free to access all study materials.