organization of the law class 1. administrative give quiz case presentation – will tell you...

Organization of the Law

Class 1

Administrative

Give quiz

Case Presentation – will tell you topics next week

Review

Any questions about the reading Discussion of the Constitution

Not all constitutions are written Much in the constitution that many don’t

know or remember Much in the constitution that is surprising

Today

I. Organization of the Courts in New York State

II. Appealing Court Verdicts

III. Participants

I. Organization of the Courts in New York State

Somewhat separate structures for criminal trials and civil trials and somewhat separate in criminal cases for felonies and non-felonies in certain parts of the state. For criminal courts

Courts of original jurisdiction Supreme Courts County Courts

Intermediate Appeals – Appellate Division of the Supreme Court

Ultimate appeals – Court of Appeals

Organization of New York Courts – Civil – Central New York

Original Jurisdiction Village Courts Town Courts City Courts

Intermediate Appeals – County Courts Appellate Division of the Supreme Court

Ultimate Appeals – Court of Appeals

II. Appealing Court Verdicts

Who can appeal?

Under what circumstances?

Why these limitations?

III. Participants

Litigants

Attorneys

Judges

Juries

Next Time

We’ll discuss the article on Legal Reform

To read that article you need to be aware of certain terminology Bright Line Rule Balancing Test

Organization of the Law

Class 2

Administrative

Remember class notes available on home page

Return quizzes at end of class

Review How the court system is organized in

New York State

Limitations in criminal cases on who can appeal. Limitation in both criminal and civil cases on the bases of appeal

Participants in judicial proceedings – how chosen and how compensated

Today

I. Terminology

II. Hay, Schleifer and Vishny

III. Exercise

I. Terminology Bright Line Rule

Usually contrasted with Balancing test

Arguments favoring each Bright line rules easier to enforce and

produce consistent and predictable results

Balancing tests take better account of complexities of human interactions

II. Hay, Shleifer and Vishny What is their principal question?

Do they think it is more important to have honest independent courts or good laws? Why? Which is easier to get first?

What kinds of rules do they recommend?

III. The Exercise

We have developed a new business mechanism in which anyone with internet access and an e-mail account can buy or sell items. We’ve decided to call it e-bay.

People seem reluctant to use it Why are they reluctant? How is this different from other

shopping, in a store, or a catalog?

III. The Exercise

Form Groups Develop systems to overcome

obstacles to people using our new e-bay system

What are the rules? How will they be enforced?

Next Time

How the law is made