1. Introduction to the Law
Jody Blanke, Professor
Computer Information Systems and Law
BAA 520 Foundations of the Legal Environment of Business

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

3. Constitutional Law Federal (U.S.) Constitution State Constitutions
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

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

5. 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

6. Administrative Law Federal Agencies State 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

7. Other
Treaties
Proclamations
Orders

8. 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

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

10. Federal Court System

11. 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

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

13. State Court Systems 50 different systems Similar to federal
“triangular” in shape
many courts with limited jurisdiction

14. Jurisdiction Original (trial) jurisdiction Appellate jurisdiction
Subject matter jurisdiction
Personal jurisdiction

15. 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

16. 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

17. 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”

18. 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

19. Burden of Proof Criminal case Civil case Ex. O.J. Simpson; Hans Kraus
“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