Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta

Sources of Law 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

Sources of Law Constitutional Law Statutory Law

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

Sources of Law Constitutional Law Statutory Law 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

Sources of Law Constitutional Law Statutory Law Case Law 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

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

Proclamations Orders Treaties

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

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

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

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

Supreme Court – Original Jurisdiction

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 Georgia Supreme Court Court of Appeals Superior Court “highest of the low-level courts” Lots of low-level courts

Georgia Court System

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

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

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 eBay cases – “single sale” doctrine

The Blue Note