Introduction to Employment Law Jody Blanke Professor of Computer Information Systems and Law Mercer University

The Enumerated Powers Clause  Art. 1 Sec. 8 of the Constitution  Authorizes Congress to collect taxes to coin money to establish a postal system to raise and support Armies to provide and maintain a Navy to regulate interstate commerce to protect the writings of authors and the discoveries of inventors

Tenth Amendment  The powers not delegated to the U.S. are reserved to the states  Most laws that effect us on a daily basis are state laws, e.g., contract law, property law, tort law, criminal law, family law

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

Pleadings  Plaintiff files a complaint  Defendant files an answer May also counterclaim or crossclaim Failure to answer may result in default judgment

Motion to Dismiss  Will be granted if Court lacks jurisdiction over the subject matter or over the parties Plaintiff failed to properly serve the complaint on the defendant Plaintiff has failed to state a claim upon which relief can be granted

Motion for Summary Judgment  Can be made by either party  During discovery, i.e., after the pleadings but before the trial  Will be granted if there are no genuine issues as to any material fact, and the moving party is entitled to judgment as a matter of law  “Legal TKO”

Post Trial Motions  Motion for judgment notwithstanding the verdict (judgment n.o.v. – non obstante veredicto)  Motion for remittitur (additur) McDonald’s hot cup of coffee case  Motion for a new trial

Appeals  Appellate review focuses on errors of law Appellate court may order a remand  Findings of fact generally will be reversed only if they are clearly erroneous, i.e., not supported by the evidence

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

Federal Case Citations  McDonald Douglas Corp. v. Green, 411 U.S. 792 (1973) [p. 89]  EEOC v. Chicago Miniature Lamp Works, 947 F.2d 292 (7th Cir. 1991) [p. 113]  Petruska v. Gannon University, 350 F.Supp.2d 666 (W.D. Pa. 2004) [p. 78]

State Case Citations  Palmateer v. International Harvester, 85 Ill.2d 124, 421 N.E.2d 876 (1981) [p. 33]  Torosyan v. Boehringer Pharmaceuticals, 662 A.2d 89 (Conn. 1995) [p. 41]  Guz v. Bechtel Nat. Inc., 100 Cal.Rptr.2d 352 (Ca. 2000) [p. 37]