Chapter 1: Into. State and Federal Laws There are state laws and federal laws that apply to both criminal and civil cases There are both state and federal.

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Presentation transcript:

Chapter 1: Into

State and Federal Laws There are state laws and federal laws that apply to both criminal and civil cases There are both state and federal courts 2

FEDERAL v. STATE 3 United States Supreme Court How many judges Elected or Appointed United States _____ th Circuit Located in ______ United States District Court (Trial Court Nashville) TN Court of Appeals Rutherford County Chancery or Circuit Court Tennessee Supreme Ct How many judges Elected or Appointed

LAWS: Types Laws Administrative Common Law/Case Law 4

Federal Law FEDERAL LAW – WHAT TRUMPS U.S. Constitution US Code (Federal Laws) Administrative Law – IRS, EEOC, NLRB Case Law/Common Law/Judge made law 5

Tennessee State Law TN Constitution TN Code Annotated Administrative Law - Tennessee Dept Labor Case Law/Common Law – West Case 6

State law v. Federal Law So what happens if federal law and state law are conflict? – Ex: Federal law says illegal to smoke marijuana/ Colorado passed law saying ok Who wins? Look to the US Constitution Article VI of the US Constitution- This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary 7

Civil vs. Criminal Law Civil law – Criminal law 8

Substantive vs. Procedural Substantive law – Procedural law - 9

Doctrine of Stare Decisis  Stare Decisis –Courts try to be consistent as best they can so we as people can rely on the decision as rules for daily living  Each decision becomes a legal precedent. 10

Doctrine of Stare Decisis Controlling Precedents. – Controlling precedents are “binding” in all lower courts. – U.S. Supreme Court decisions are binding on all American courts.

There is No One “Right” Answer  Good arguments are made for different sides.  Judges have personal beliefs that can affect decisions.  Outcomes to lawsuits cannot be predicted with certainty. 12

How to Find Cases EX: Berger v. Johnson, 143 S.W.3 rd 455 (Tenn. 2013) 13

State Law Fact Pattern 14 Joe wants to know about one of his employees, John who got hurt in TN when he got hit in the parking lot by another employee’s car. Is that work related and covered under TN workers compensation?

Is this a federal or state issue: – John lives in TN and works in TN – Tennessee State Issue 15

1. Is there a law that covers this situation. Tn Workers Comp law - The injury by accident must arise out of and in the course of employment for worker's compensation liability to be imposed. T.C.A. § (a)(4). 16

What does “arise out of” and “in the course of” mean? Look to see how judges decided that Look to Tennessee cases to find out cases and see how judges define those terms. 17

If you decide that it did ‘arise out of” and “in the course of” employment then have to see what John might get. What if he was going to car to get a tool for his employer? What if his lunch hour was paid by the employer? 18

How often cases decided How often laws changed – Legislative cycle 19

Common Law – West Case 20

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