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