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Introduction to the Law

Introduction to the Law. Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta. Sources of Law. Constitutional Law. Constitutional Law. Federal (U.S.) Constitution With a “capital C” Provides framework for government Article I – Legislative Branch

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Introduction to the Law

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  1. Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta

  2. Sources of Law • Constitutional Law

  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. Sources of Law • Constitutional Law • Statutory Law

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

  6. Sources of Law • Constitutional Law • Statutory Law • Case Law

  7. 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

  8. Sources of Law • Constitutional Law • Statutory Law • Case Law • Administrative Law

  9. Administrative Law • Federal Agencies • Authority from Constitution • Enabled by Congress • Provide needed personpower and expertise • Legislative, executive and judiciary power • “Fourth Branch” – “We the People”? • State Agencies • Similar to federal

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

  11. Other • Proclamations • Orders • Treaties

  12. The Law Evolves • Laws must change as society changes • Ex.Plessy v. Ferguson (1897) • “Civil War” Amendments • 14th Amendment • Brown v. Board of Education (1954) • 14th Amendment

  13. The Law Evolves • Ex. Physician Assisted Suicide • Right to refuse treatment • Karen Anne Quinlan • Living wills • Nancy Cruzan • Dr. Kevorkian • Oregon’s Death with Dignity Act • Washington v. Glucksberg and Quill v. Vacco (1997) • S. Court referred to Oregon and the “laboratory of the states” • Washington (2009), Vermont (2013), Montana

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

  15. Federal Court System

  16. Federal Court System (cont.)

  17. 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

  18. Supreme Court – Original Jurisdiction

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

  20. 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

  21. Georgia Court System

  22. 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

  23. 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; Andrea Sneiderman

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

  25. 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

  26. 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 • eBay cases – “single sale” doctrine

  27. The Blue Note

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