Introduction to the Law

1. Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law BA 619 Legal Environment of Business

2. Sources of Law • Constitutional Law • Statutory Law • Case Law • Administrative Law • Other

3. 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

4. Statutory Law • Congress • Senate • House of Representatives • Authorized by Constitution • Enumerated Powers Clause • State Legislatures • Mostly bicameral • Codification of common law

5. 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

6. 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

7. Other • Treaties • Proclamations • Orders

8. The Law Evolves • Laws must change as society changes • Ex.Plessy v. Ferguson (1897) – Brown v. Board of Education (1954) • Ex. Assisted Suicide • Washington v. Glucksberg and Quill v. Vacco (1997) • Oregon’s Death with Dignity Act

9. The Law (Usually) Makes Sense • McDonald’s and the Hot Cup of Coffee

10. Federal Court System

11. 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

12. Federal District Court • Criminal Cases • Civil Cases • Federal Question Jurisdiction • Diversity Jurisdiction • complete diversity of the parties • amount in controversy greater than $75,000

13. State Court Systems • 50 different systems • Similar to federal • “triangular” in shape • many courts with limited jurisdiction

14. Jurisdiction • Original (trial) jurisdiction • Appellate jurisdiction • Subject matter jurisdiction • Personal jurisdiction

15. 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

16. 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

17. 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 part is entitled to judgment as a matter of law” • “Legal TKO”

18. 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” • 7,000 requests per year – 100 granted

19. 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