Business Law 290 What is law?

Where does “law” come from Three traditional sources: Force Religion Communal Needs This belief is a form of Legal Realism as discussed in your book.

Types of Laws in U.S. Constitutional Law Statutory Law Common Law Contract Law

Constitutional Law Compact of Society Supreme Law of Land Supreme Court has final say: in theory More on this later

Statutory Law Laws enacted by legislative body Federal level: Congress State level: Georgia Legislature Local level: County Commission or City Council Administrative Law is where the legislative body has assigned their authority to parts of the executive branch

An aside: The three legged stool Article 1 of the Constitution: Congress Article II of the Constitution: President Article III of the Constitution: Courts

Common Law Courts make law by rendering rulings---judge made law Two types: Law: court interpretations of Constitutional, Statutory and Contract Law Equity: notions of justice and fair play MUST BE NO remedy provided by law

Remedies in Equity T he “law” (i.e. constitutional, statutory, or contract) provide no remedy There is an unfairness to what is happening The party harmed has done no wrong: has clean hands and must have treated others fairly The party seeking help must have been diligent, otherwise Laches applies Laches: doctrine in equity that equity will not help if the harmed party was not vigilant

Precedent and Stare Decisis Stare Decisis: to stand upon the established case law Case Law: Appellate Court Decisions are Reported Binding Authority: The precedent is set by a higher court A Georgia Supreme Court’s interpretation of a Georgia Statute is binding authority on a Georgia Superior Court

Federal System State System Court Systems

Federal System Created by Article III of the Constitution Congress really could change the Court system Supreme Court---the only defined court Judges serve for good behavior

Federal Courts S upreme Court Circuit Courts of Appeal District Courts Bankruptcy Courts Special Federal Courts (Tax, Trade, Claims)

State Courts(Georgia is example) S upreme Court Court of Appeals Superior Courts State Courts Magistrate Courts Probate Courts City Courts

Jurisdiction Subject Matter Jurisdiction: the Court has authority to hear the case (or is the Court a Court of Limited Jurisdiction) Personal Jurisdiction: the Court has authority over the party or the property Original/Appellate Jurisdiction: Trier of Fact (Original) vs. review the proceedings below (Appellate) Venue: is the Court the best location for the trial Criminal: where the crime occurred Civil: where the Defendant resides

Federal Court’s Limited Jurisdiction Federal Question: Cause of Action is based in Federal law U.S. Constitution, USCA, treaty, federal regulations Diversity of Citizenship Complete Diversity of Citizenship between Plaintiffs and Defendants controversy must involve more than $75,000 Removal: taking a case out of State Court because of Diversity

A Court Case: Complaint: You done me wrong Song Summons and Service Answer and Defenses Discovery Deposition Interrogators Request for Documents/Admissions

A Court Case Cont.: P re-trial Motions Mediation Trial Post Trial motions Appeal Enforcing the Judgment

Finding the Law Codification of Statutory Law: (OCGA and USCA) Reported Case Law Index, Digest and Online Research of Law