Organization of the Law Class 1

Administrative  Give quiz  Case Presentation – will tell you topics next week

Review  Any questions about the reading  Donahue, “Allocating Resources Among Prisons and Social Programs in the Battle Against Crime” What did you learn from our discussion of this article? What techniques here can be used to analyze other legal issues?

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 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