1. Introduction to the Law
Jody Blanke
Distinguished Professor of
Computer Information Systems and Law
Mercer University, Atlanta

2. Sources of Law
Constitutional Law

3. 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)

4. Constitutional Law
Article I – Legislative Branch

5. Constitutional Law
Article II – Executive Branch

6. Constitutional Law Article III – Judiciary Branch
Marbury v. Madison (1803)

7. Constitutional Law
Bill of Rights
Ratified 2 years after Constitution

8. Constitutional Law State Constitutions
Provide framework for government
49 0f 50 states have bicameral legislature
Vary greatly in length
8,419 words (Vt.) to 184,053 (La.) [6,400 (U.S.)]
Can they address rights found in U.S. Constitution?
Freedom of press
Right of privacy
penumbras

9. Sources of Law
Constitutional Law
Statutory Law

10. Statutory Law Congress Authorized by Constitution
Senate and House of Representatives
Authorized by Constitution
Enumerated Powers Clause - Art. 1 Sec. 8
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

11. Statutory Law State Legislatures Mostly bicameral
All but Nebraska
Codification of common law

12. Sources of Law
Constitutional Law
Statutory Law
Case Law

13. Case Law Federal Courts State 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

14. Sources of Law Constitutional Law Statutory Law Case Law
Administrative Law

15. Administrative Law Federal Agencies Authority from Constitution
Enabled by Congress
Provide needed personpower and expertise
Legislative, executive and judiciary power
“Fourth Branch” – “We the People”?
[How Do We Get Judges?
Federal – all appointed by President and confirmed by Senate
State – 87% elected by we the people
Is that a good idea?
Ex. Georgia – non-partisan elections
Ex. New York – partisan election
Ex. Missouri – hybrid “Missouri Plan”]

16. Administrative Law
State Agencies
Similar to federal

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

18. Other
Proclamations
Orders
Treaties

19. The Law Evolves Laws must change as society changes
Ex. Plessy v. Ferguson (1897)
“Civil War” Amendments
14th Amendment
Brown v. Board of Education (1954)

20. The Law Evolves Physician Assisted Suicide Right to refuse treatment
Karen Anne Quinlan
Living wills
Dr. Kevorkian
Oregon’s Death with Dignity Act (1994)
Washington v. Glucksberg and Quill v. Vacco (1997)
S. Court referred to Oregon and the “laboratory of the states”
Washington (2009), Vermont (2013), California (2016), Montana, N.M.?

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

22. Federal Court System

23. Federal Court System (cont.)

24. Federal Court System (cont.)
District Courts
94 courts (1 to 4 per state)
original (or trial) jurisdiction only
Courts of Appeal
11 geographically divided courts (plus 2 specialty courts)
appellate jurisdiction only
Supreme Court
appellate and original jurisdiction

25. Supreme Court – Original Jurisdiction

26. Federal District Court
Criminal Cases
Civil Cases
Federal Question Jurisdiction
Diversity Jurisdiction
complete diversity of the parties
amount in controversy greater than $75,000

27. State Court Systems 50 different systems Similar to federal Georgia
“triangular” in shape
many courts with limited jurisdiction
Georgia
Supreme Court
Court of Appeals
Superior Court
“highest of the low-level courts”
Lots of low-level courts

28. Georgia Court System

29. Separation of Powers

30. Checks and Balances

31. 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

32. Split in the Circuits

33. Burden of Proof Criminal case Civil case Ex. O.J. Simpson
“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

34. 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 party is entitled to judgment as a matter of law”
“Legal TKO”

35. Jurisdiction Original (trial) jurisdiction Appellate jurisdiction
Subject matter jurisdiction
“Does this court have jurisdiction to hear this kind of case?”
Personal jurisdiction
“Does this court have jurisdiction over the defendant?”

36. 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
[Compare to extradition – criminal law]

37. 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
Today – eBay cases
“single sale” doctrine

38. The Blue Note

39. Preemption
If Congress is authorized to make law, and does so with the intent that it be the only law, that law will preempt any state law

40. Preemption Figure A Figure B Ex. FAA Ex. Patent Act
Ex. Cipollone (1993)
Ex. Silkwood (1984)
Ex. Federal Anti-Spam Act