chapter one. objectives to understand the purposes of law. to understand the sources of law. to...
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Objectives
• To understand the purposes of law.
• To understand the sources of law.
• To understand the American judicial system.
• To understand how one researches law.
What is law???• Definition of law• A set of rules that attempt to
guide human conduct and a set of formal, governmental sanctions that are applied when those rules are violated.
• Types of law– Positive laws
– Negative laws
Americans have a remarkable faith in law!!
• Land claims and boundaries
• Civil rights litigation
• Laws arising from industrialization
• Laws arising from mass production
The United States is a litigious nation! We all sue!!• One thing to remember: In
order for there to be a case, someone must sue– Seems pretty
straightforward…but…
• If no one brings a lawsuit, the courts cannot just reach out and take a question
Refresher Civics 101: How does government work?• Legislative branch makes the laws
• Executive branch carries out the laws
• Judicial branch interprets the law– Law can come from all
three of these branches,but we will focus onjudiciary mostly
The judicial branch: Two levels of courts• Trial courts: the first court that usually
gets to hear a case; establishes facts• Appellate courts: responsible for
establishing precedents based on the cases that come to it– Appellate courts DO NOT decide factual
issues!– We will focus on appellate decisions
primarily
Trial courts vs. appellate courts
Trial Courts Appellate Courts
Purpose Fact-finding Precedent-setting decisions
Who Decides Jury/Judge Panel of judges (3 or more)
Two “streams” of courts: Federal Courts• Divided into three levels
– District courts: the federal trial court; each state has at least one (CA has four)
– Circuit courts: 12 in the U.S., hear appeals from the federal district courts (CA is in the Ninth Circuit, along with AK, AZ, HI, ID, MT, NV, OR, WA, and GU)
• No juries, since not deciding facts
– Supreme Court of the United States
The Supreme Court of the U.S.• Nine old men and women • Appointed by the President, confirmed by the
Senate, appointed for life• Most of its cases are
discretionary: justices pickand choose what cases theywant to take (grant cert by the rule of four)– Some cases are original
jurisdiction (SC is the firstcourt to hear the case), butmost are appeals cases
Two “streams” of courts: State Courts
• Vary state by state• CA divided into three levels
– Superior courts: the trial court; CA has 58, one per county
• Two kinds: General jurisdiction (damages more than $25,000) and Limited jurisdiction (damages $25,000 or less); plus other varied kinds of actions
– Appeals courts: CA has six districts, which divide up the 58 superior courts
– California Supreme Court: Chief Justice and six Associate Justices, with 12-year terms, elected by ballot but without opposition (if not re-elected, governor fills)
Jurisdiction: shared governance, state and federal• Federal courts: federal questions and diversity jurisdiction
– E.g., copyright, where the federal government has “preempted the field” meaning that no state law is valid, all federal law
– Where constitutional law is implicated– Diversity of citizenship: involving citizens of two
different states to provide a neutral forum• State courts: residual jurisdiction, which is anything not
covered by the fed– Murder and robbery fall here– Can also rule on some federal questions
Where do we get the law?• Constitution: supreme law of the
land; all laws must agree• Common law: made by courts and
judges, based on precedent• Statutes: laws written by legislatures
at all levels• Administrative law: rules by admin
agencies (FCC, FTC)• Equity: alternative to law where
there is no adequate legal remedy (like injunctions)
Civil vs. Criminal law• Criminal law: “the people” bring charges against
offenses against society as a whole (like rape, murder, theft)– High burden of proof: guilt “beyond a reasonable doubt”
(90%+)
• Civil law: controversy between twoparties, where one claims to havebeen harmed by another (contractdisputes, property issues)– Lower burden of proof:
“preponderance of the evidence”(50%+)
Burden of proof: in civil and criminal cases• Who has to prove what, and at what level
of precision
0% 50% 100%
Noevidence
Preponderanceof the evidence
50% +
Civil cases Beyondall doubt
Beyond areasonable
doubt
Criminal cases1A
cases
Clear andconvincingevidence
Terms for courtroom!!!
• Tort: any civil wrong that creates a right for victim to sue perpetrator– If I slug a student on the arm, that’s a tort—
battery!
• Examples:– Tort action for negligence– Tort of medical malpractice– Tort of products liability
Terms for courtroom!!!
• Defendant or tortfeasor: the person who commits the wrong
• Plaintiff: victim of the defendant’s actions
• Plantiff vs. Defendant (Ex: New York Times vs. Sullivan Times vs. U.S.)
Plaintiff files complaint
Defendant served withcomplaint and summons
Defendant files answer to complaint(can deny and/or counterclaim)
Discovery
Pretrial conference,possible settlement
Trial
Verdict or Judgment
Appeal?
If defendant defaults:judgment
Path of a civil case
Damages• Damages: what the winner gets; several
kinds– General: no specific dollar value
(embarrassment)– Special/compensatory: dollar value (lost
wages)– Punitive: intended to punish perpetrator
(often huge!
Finding the law online• Lexis-Nexis Universe (http://www.lexis-nexis.com/universe
) and Findlaw (http://www.findlaw.com)• Regulatory agencies: Federal Communications
Commission (http://www.fcc.gov) and Federal Trade Commission (http://www.ftc.gov)
• Library of Congress’ legislative information site, Thomas (http://thomas.loc.gov)
• Cornell’s Legal Information Institute (http://www.law.cornell.edu)
• Official website of the federal courts (http://www.uscourts.gov)
How to read a case citationNew York Times v. Sullivan, 376 U.S. 254 (1964).
Name of case(usually in italics)
Federal Reporters: • U.S., L.Ed., S.Ct. for Supreme Court • F.3d for appeals courts • F.Supp. for district courtsState abbreviations vary. Preceding the year will sometimes be an abbreviation denoting the court: e.g., “9th Cir.” or “9CA” means the case came from the 9th Circuit court of appeals of the federal system, CA’s circuit, located in San Francisco.Another reporter that media attorneys rely upon is the Media Law Reporter, abbreviated Med. L. Rptr.
Volume no.of reporter
Nameof reptr.
Page no.case starts on
Year casewas decided
Conclusion• Law in the U.S. comes from constitutions,
statues, administrative agencies, executive orders, common law, and equity.
• Appellate courts make precedent-setting decisions that interpret the meaning of law; trial courts are responsible for deciding factual issues such as guilt or innocence.
• Criminal law prohibits antisocial behavior; civil law involves disputes between two private parties.