1. Confidential & Proprietary Internal Kaplan Use Only. PA 201: WEEK 4 CONSTITUTIONAL AND STATUTORY LAW

2. Confidential & Proprietary Internal Kaplan Use Only. U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.supreme law United States of AmericaUnited States government The first three Articles of the Constitution establish the three branches of the national government: a legislature, the bicameral Congress; an executive branch led by the President; and a judicial branch headed by the Supreme Court.bicameral CongressPresidentSupreme Court They also specify the powers and duties of each branch. All unenumerated powers are reserved to the respective states and the people, thereby establishing the federal system of government.statesfederal system

3. Confidential & Proprietary Internal Kaplan Use Only. http://www.usconstituti on.net/constquick.htmhttp://www.usconstituti on.net/constquick.htm http://www.buzzle.com /articles/what-is-the- purpose-of-the- constitution-of-united- states.htmlhttp://www.buzzle.com /articles/what-is-the- purpose-of-the- constitution-of-united- states.html

4. Confidential & Proprietary Internal Kaplan Use Only. State Constitutions Each state in the United States also has its own constitution. The state constitution provides rights to the citizens of that state and sets up the basic framework for the government of that state. A state constitution can give the citizens of the state more rights than the federal constitution, but it cannot take away rights given by the U.S. Constitution. http://www.constitution.org/cons/usstcons.htm

5. Confidential & Proprietary Internal Kaplan Use Only. STATUTES *Statutes are made by legislatures. *Statutes are also referred to as codes. *There are both federal and state statutes.

6. Confidential & Proprietary Internal Kaplan Use Only. In the federal system statutory law is created by the U.S. Legislature.. The U.S. Legislature is made up of the House of Representatives and the Senate. Each state is represented in Congress. Congress is responsible for creating the United States Code or U.S. Statutes. Statutes are published in Code books. Statutory Law

7. Confidential & Proprietary Internal Kaplan Use Only. House of Representatives As per the Constitution, the U.S. House of Representatives makes and passes federal laws. The House is one of Congress’s two chambers (the other is the U.S. Senate), and part of the federal government’s legislative branch. The number of voting representatives in the House is fixed by law at no more than 435, proportionally representing the population of the 50 states.

8. Confidential & Proprietary Internal Kaplan Use Only. Senate The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. *upper housebicameral legislatureUnited States House of RepresentativesUnited States Congress The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each U.S. state is represented by two senators, regardless of population. Senators serve staggered six- year terms.Article OneU.S. ConstitutionU.S. state The chamber of the United States Senate is located in the north wing of the Capitol, in Washington, D.C., the national capital.CapitolWashington, D.C.

9. Confidential & Proprietary Internal Kaplan Use Only. How a Bill becomes Law Laws begin as ideas. First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Again, a simple majority (51 of 100) passes the bill. Finally, a conference committee made of House and Senate members works out any differences between the House and Senate versions of the bill. The resulting bill returns to the House and Senate for final approval. The President has 10 days to sign or veto the enrolled bill.

10. Confidential & Proprietary Internal Kaplan Use Only. How a Bill becomes a law:

11. Confidential & Proprietary Internal Kaplan Use Only. United State Code

12. Confidential & Proprietary Internal Kaplan Use Only. UNITED STATES CODE United States Code is organized in broad subject categories called titles. The 50 titles are in rough alphabetical order. *Website: http://uscode.house.go v/ \

13. Confidential & Proprietary Internal Kaplan Use Only. State Codes State Codes or Statutes are created by the state legislature. State codes govern what happens within the borders of that state. Examples include things like: family law and contract law. In some instances both a state statute and federal statute will come into play. If both can be followed, than follow both. If there is a conflict you should follow the federal law. This is set out by the Supremacy Clause of the U.S. Constitution.

14. Confidential & Proprietary Internal Kaplan Use Only. Links to State Codes http://www.in.gov/legislative/ic/code/ http://www.legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LA WShttp://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LA WS

15. Confidential & Proprietary Internal Kaplan Use Only. Finding Statutes Online Westlaw Lexis Findlaw State Websites If you cannot find a statute on your issue, start by looking for a case. Sometimes you will locate one that way.

16. Confidential & Proprietary Internal Kaplan Use Only. Bluebook rule 12 explains the basics of statutory citation. Let’s go there now. Always follow the same format -Section Symbol Tables to consult: Table 1 Tabbing bluebook a good idea. Great Website for basics on citation: http://www.law.cornell.edu/citation/ http://www.law.cornell.edu/citation/ Citing Statutes

17. Confidential & Proprietary Internal Kaplan Use Only. 28 U.S.C. § 1291 (2006). 42 U.S.C. §§9601-9675 (2006). Federal Statutory Citation

18. Confidential & Proprietary Internal Kaplan Use Only. Main place to look is bluebook table 1. States are in alphabetical order. Just flip to your state. Look under “Statutory Compilations” for the format. The basic set-up of the citation will still follow the format in bluebook rule 12 -Small Caps Examples: -Ind. Code § 5-8-9-1 (2011). (Indiana page 240 bluebook) -Mich. Comp. Laws §§ 5.6–7.4 (2010). (Michigan page 247 bluebook) -N.Y. Educ. Law § 9 (McKinney 2010). (New York page 255 bluebook). State Statutory Citation

19. Confidential & Proprietary Internal Kaplan Use Only. Week 4 Assignment Find a Statute Based on the slip and fall fact pattern from the previous two weeks please provide the following information. Please note the additional facts that were brought into the case that will help with this week’s research. Just to refresh your memory here are the facts that we have so far: Samantha Smith came into our office. She was shopping at a local grocery store a few months ago and had an accident. While she was in the aisle with shower items she slipped and fell on some shampoo that had leaked out of one of the bottles. Samantha had to be taken to the hospital. She was diagnosed with a broken hip and had to spend the night at the hospital. She will also have to go through many months of physical therapy. Samantha has no healthcare insurance and is a young single mother to a 2 year old son.

20. Confidential & Proprietary Internal Kaplan Use Only. The store says that they were not aware of the spill of the shampoo. The store said that an employee checks the aisles for anything on the floors at the top of the hour. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses. The shampoo on the floor was a clear gel. She fell about 1:30 p.m. The store log says an inspection was last done at 1:00 p.m. The accident happened at a store in Indiana. We filed a complaint in trial court alleging negligence on the part of the store and seeking damages for Samantha’s injuries. In its answer to our complaint that we filed last month, the store alleges that Samantha had a duty to avoid the spill in the aisle. The store claims that she is at much as fault as they are. Further they allege that she was too distracted by her 2 year old son in the cart, who was misbehaving, to notice the floor.

21. Confidential & Proprietary Internal Kaplan Use Only. Part I: - Please search for a statute in Indiana that discusses comparative fault. Please provide the full citation to the statute as well as a short FIRAC applying it to this case. Your FIRAC should be in the form of a short interoffice memorandum. Part II: -Try finding a comparative fault statute for another state. Give the full citation and a short summary of the statute.

22. Confidential & Proprietary Internal Kaplan Use Only. Comparative fault Let’s take a look at this article now to explain the differences to us: -http://injury.findlaw.com/personal-injury/personal-injury- law/negligence/contributory-comparative-negligence.htmlhttp://injury.findlaw.com/personal-injury/personal-injury- law/negligence/contributory-comparative-negligence.html -After you understand the differences search for the statute in Indiana. Has anyone located it yet? -Next break down the statute or summarize it. Once you have done this you are now ready to apply it. -Let’s look at the basic format for a legal memorandum: -http://sparkcharts.sparknotes.com/legal/legalwriting/section2.phphttp://sparkcharts.sparknotes.com/legal/legalwriting/section2.php

23. Confidential & Proprietary Internal Kaplan Use Only. Part 2 assignment Last do another legal search. You will be looking for a comparative fault statute from another state. Briefly summarize the basics of the statute. Write 2 to 3 sentences comparing the Indiana statute to the new statute you located.

24. Confidential & Proprietary Internal Kaplan Use Only. Assignment Please remember from 205- a basic interoffice memorandum should include: Statement of Facts Question Presented Brief Answer Discussion Conclusion Please review your memorandum from 205 if you have any questions. The FIRAC should be placed in the discussion section. Any questions ?