BA 665 Computers and the Law Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law

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

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

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

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

Other Treaties Proclamations Orders

The Law Evolves Laws must change as society changes Ex. Plessy v. Ferguson (1897) – Brown v. Board of Education (1954) Ex. Assisted Suicide Washington v. Glucksberg and Quill v. Vacco (1997) Oregon’s Death with Dignity Act

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” 7,000 requests per year – 100 granted

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

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

Preemption Federal law will preempt state law if Congress is authorized to act, and does so with the intent to occupy the entire area AB

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