Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law BAA 520 Foundations of the Legal Environment of Business

Sources of Law Constitutional Law Statutory Law Case Law Administrative Law Other

Constitutional Law Federal (U.S.) Constitution State Constitutions 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

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

Case Law Federal Courts State 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

Administrative Law Federal Agencies State 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

Other Treaties Proclamations Orders

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

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

Federal Court System

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

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

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

Jurisdiction Original (trial) jurisdiction Appellate jurisdiction Subject matter jurisdiction Personal jurisdiction

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

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

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”

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

Burden of Proof Criminal case Civil case Ex. O.J. Simpson; Hans Kraus “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