Jody Blanke, Professor Computer Information Systems and Law

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 manpower 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, Montana

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

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