Overview of Legal System

What is the “Law”?  Dictionary Definition  “The rules and regulations made and enforced by government that regulate the conduct of people within a society”  Rules established by a governing authority to institute and maintain orderly coexistence.  Class Definition

What are the purposes of Law?  Protect basic human rights  Promote fairness  Help resolve conflicts  Promote justice  Promote order and stability  Promote desirable social and economic behavior  Represent the will of the majority (on some issues)  Protecting the rights of minorities

Law and Morality  Murder and stealing. Both immoral and illegal  Lying to a friend, immoral but not illegal  Lying to the government, immoral and illegal  Cheating on wife. Immoral but not illegal  Having two wives, immoral and illegal  What type of morality belongs as part of the law? Which does not.

Law v. Morality  Hypothetical: A has an acquaintance, P, who paints houses. A knows that P is a lousy painter, drinks on the job and sometimes cheats customers. A’s best friend B, asks A whether he should hire P to paint his house. A gives P a glowing recommendation.  Illegal? Immoral?  Same, but A gives the recommendation because P has promised to give him half the profits  Same, but A knows that P plans to get the money up front and run off to Rio without completing the job

Values Underlying The Law  Moral Values  Economic Values  Political Values  Social values  laws often work to promote more than one value at a time.

History of the Law  Hammurabi  Justinian  English Common Law  Blackstone  American Common Law

Source of Laws  Constitutions  Common Law (Judge- made law)  Statutory Law  Administrative Regulations

Federalism  Intersection between national and state governments.  Basic Rule  National government—limited powers  States—general powers  Key federal powers  Commerce  Concurrent powers

Criminal Law  Action brought by state  State vs. individual  For violation of societal obligation  Nature of punishment  Felonies and Misdemeanors

Civil Law  Action for violation of individual rights  Person vs. Person  Damages: Money, return of property, order to do or stop doing something specific

Types of Law Tort Law  Civil Law  Governs injuries caused by one individual to another affecting person or property.  Negligence cases such as car accidents, malpractice  Intentional damages, such as assault and battery  Damage to property—Trespass, negligent destruction of property, interference with use of property  Damage to reputation—Libel and Slander  Tort Law is mostly common law. Roots in England and develops one case at a time.

Contract Law  Law relating to agreements for goods and services between individuals  Civil Law  Mostly common law, although common law has been codified in many states

Corporations and Business Entities  Creation of legal entities that can engage in business  Legal rights of a corporation  Duties of officers  Rights of shareholders  Governance of Corporations  State Statutory Law  Mostly civil law, but also criminal aspects

Family Law  Mostly statutory law  Civil Law  Marriage  Divorce  Adoption  Right and obligations of parents toward children

Estates and Trusts  Mostly statutory  Civil law  Disposition of property if no will  Requirements for a valid will  Limits on what a will can do  Creation of trusts and obligation of trustee to beneficiary

Property Law  Rights that come with ownership of land  Disputes over ownership and sale  Disputes over usage  Uses of land  Sale of land  Landlord-tenant

American Court System  Adversarial System  Real Case and Controversy  Reason for System  Two Types of Courts  Trial Courts (district courts in KS)  Appellate Courts  Both Federal and State Courts

Trial Courts  Called District Courts in Kansas and Federal System  Where almost all cases start  Classic court with a judge and jury  “finder of fact”.  Usually the Jury; sometime the judge.  Right to a jury trial.

Appellate Courts  Appellate courts handle appeals.  An appeal is a request to overturn the trial court verdict because of a legal error.  There is an absolute right to appeal to the first level of appellate courts.  Exception is criminal cases. State can’t appeal a not guilty verdict.  Appellate courts are purely courts of law. Will not overturn findings of fact  Rationale

Basis For Overturning A Trial Court Decision  Improper evidentiary ruling that materially impacted the trial  Improper jury instruction on what the jury must find to reach a verdict  Improper interpretation by the judge of a statute or prior cases.  Finding that law used to convict is unconstitutional or that rights of accused have been violated.  Finding that as a matter of law the facts, even if taken in a light most favorable to the winning party, were insufficient for the jury to reach the verdict they did.

Levels of Appellate Courts  In the federal system, there are 13 Circuit Courts that are the first level of appeal.  Above them is the Supreme Court. Supreme Court only hears those cases that it chooses to hear. Hears less than 1%  In Kansas there is a Court of Appeals and a Supreme Court.

Circuit and District Courts

Results of Appellate Decisions  Affirm  Reverse  Remand  Concept of Stari Decisis

What Do Lawyers Do  How to become a Lawyer  Types of Lawyers  Private Practice  Law firms  Solo practitioner  Employed by Government  Prosecutor at federal or state level  Public defender  Lawyer for administrative agency

Types of Lawyers, cont.  Employed by private entity  Company is their only client  Try cases, write contracts, advise on legal implications of proposed business decisions  Non-practicing lawyers  Many people with law degrees do not actually practice but draw on their legal training in their profession  Business  Engineering  Many in government have law degrees.