introduction to the law jody blanke, professor computer information systems and law
DESCRIPTION
Federal (U.S.) Constitution With a “capital C” Provides framework for government Article I – Legislative Branch Article II – Executive Branch Article III – Judiciary Branch Provides for individual rights Bill of Rights (first 10 amendments) State ConstitutionsTRANSCRIPT
Introduction to the Law
Jody Blanke, ProfessorComputer Information
Systems and Law
Sources of Law Constitutional Law
Constitutional Law Federal (U.S.) Constitution
With a “capital C” Provides framework for government
Article I – Legislative Branch Article II – Executive Branch Article III – Judiciary Branch
Provides for individual rights Bill of Rights (first 10 amendments)
State Constitutions
Sources of Law Constitutional Law Statutory Law
Statutory Law Congress
Senate House of Representatives Authorized by Constitution
Enumerated Powers Clause State Legislatures
Mostly bicameral Codification of common law
Sources of Law Constitutional Law Statutory Law Case Law
Case Law Federal Courts
Supreme Court Circuit Courts of Appeal
11 geographic, plus D.C. and Federal circuits District Courts
94, at least 1 in each state State Courts
50 different systems
Sources of Law Constitutional Law Statutory Law Case Law Administrative Law
Administrative Law Federal Agencies
Authority from Constitution Enabled by Congress Provide needed manpower and expertise Legislative, executive and judiciary
power “Fourth Branch” – “We the People”?
State Agencies Similar to federal
Sources of Law Constitutional Law Statutory Law Case Law Administrative Law Other
Other Treaties Proclamations Orders
The Law Evolves Laws must change as society changes Ex. Plessy v. Ferguson (1897) – Brown v. Board
of Education (1954) Ex. Physician Assisted Suicide
Dr. Kevorkian Oregon’s Death with Dignity Act Washington v. Glucksberg and Quill v.
Vacco (1997) Washington, Montana
The Law (Usually) Makes Sense McDonald’s and the Hot Cup of
Coffee Hot Coffee – The Movie
Federal Court System
Federal Court System (cont.)
Federal Court System (cont.) Supreme Court
appellate and original jurisdiction Courts of Appeal
11 geographically divided courts (plus 2 specialty courts)
appellate jurisdiction only District Courts
94 courts (1 to 4 per state) original jurisdiction only
Federal District Court Criminal Cases Civil Cases
Federal Question Jurisdiction Diversity Jurisdiction
complete diversity of the parties amount in controversy greater than
$75,000
State Court Systems 50 different systems Similar to federal
“triangular” in shape many courts with limited jurisdiction
Georgia Supreme Court Court of Appeals Superior Court
“highest of the low-level courts” Lots of low-level courts
Georgia Court System
Jurisdiction Original (trial) jurisdiction Appellate jurisdiction Subject matter jurisdiction Personal jurisdiction
Appeals Generally, questions of law are
appealed, questions of fact are not U.S. Supreme Court
Must petition for a writ of certiorari “Rule of Four” 8,000 requests per year – 80 granted
Burden of Proof Criminal case
“beyond a reasonable doubt” burden on prosecution, i.e., state
Civil case “by a preponderance of the evidence”, i.e.,
more likely than not burden on party making the claim, usually
the plaintiff Ex. O.J. Simpson; Hans Kraus
Motion for Summary Judgment Can be made by either party Made during discovery, i.e., after
pleadings and before trial Will be granted if “there is no
genuine issue as to any material fact and … the moving party is entitled to judgment as a matter of law”
“Legal TKO”
Personal Jurisdiction Physical presence in state International Shoe (1945)
Required sufficient “minimum contacts” Such that jurisdiction would not offend
“traditional notions of fair play and substantial justice”
State “Long arm” statutes Transaction of business in the state Commission of a tortious act in the state Ownership of real property in the state
Personal Jurisdiction and the Internet CompuServe v. Patterson (1996)
Jurisdiction proper – “purposeful availment” Bensusan Restaurant v. King (1997)
No jurisdiction – tortious act requires physical presence
Zippo Manuf. V. Zippo Dot Com (1997) Adopted “sliding scale” test with three points
Clearly does business over Internet, e.g., CompuServe
“Passive” Web sites, e.g., Bensusan Middle ground – must determine level of activity