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UCSD Extension Class 1 of 3 Jack Friery 1 Jack Friery © 2008
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Three meetings Goals: ◦ Sources of Law ◦ Court System ◦ Classifications of Law Assignments and Final Exam 2Jack Friery © 2008
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Attorney for over 30 years Government, large private firm, in-house counsel, and solo firm practice Specialize in federal government contract matters And, yes, married to a paralegal for over 30 years 3Jack Friery © 2008
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Your name and a bit about yourself Why are you taking this class? Any experience in the legal field? Expectations for class 4Jack Friery © 2008
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No one right answer, because how law is defined depends on the speaker’s personal philosophy about morality, ethics and truth. ◦ Examples: Canon law Natural law Sharia Law consists of a body of rules of conduct with legal force and effect, prescribed by the controlling authority (the government) of a society. 6Jack Friery © 2008
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Based on English common law, because the colonists who first came to U.S. were governed by it Even after independence, was used as model—except Louisiana 7Jack Friery © 2008
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Constitutional law International law Statutory law Administrative law Case law Common law tradition 8Jack Friery © 2008
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Established by: ◦ U.S. Constitution ◦ Constitutions of the states ◦ Cases interpreting these 9Jack Friery © 2008
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The U.S. Constitution, as amended, is the supreme law of the land. Any law—federal or state—violating the Constitution, if challenged, will be declared unconstitutional and cannot be enforced. 10Jack Friery © 2008
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The U.S. Constitution sets forth the powers of the three branches of government and the relationship between them. The first ten amendments to the U.S. Constitution are known as the Bill of Rights. The rights secured by the Bill of Rights are not absolute and are given form and substance by the courts. 11Jack Friery © 2008
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Ultimately, it is the Supreme Court of the United States that has authority to give final interpretations of the Constitution. 12Jack Friery © 2008
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The U.S. Constitution is the embodiment of the founder’s belief in the rule of law It establishes due process of law ◦ Procedural ◦ Substantive 13Jack Friery © 2008
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Each State has a constitution setting the organization, powers, and limits of the state government. The Tenth Amendment to the U.S. Constitution reserves all powers not granted to the federal government to the states. 14Jack Friery © 2008
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Common law Treaty law 15Jack Friery © 2008
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Statutes consist of the laws passed by the federal Congress and state legislatures Ordinances are statues passed by a municipal or county governmental unit 17Jack Friery © 2008
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Bill introduced Debated Sent to either Senate or House for approval Signed by President or Governor 18Jack Friery © 2008
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Passed daily Filed Chronologically Sorted by topic Codified Found by using topical index 19Jack Friery © 2008
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Bankruptcy law Corporate law Patent, copyright, and trademark law Employment law Antitrust law Consumer law Wills and probate administration Environmental law 20Jack Friery © 2008
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To assist the federal or state legislatures in implementing the laws that they enact, they often delegate the implementation of the law to administrative agencies. The rules, orders, and decisions of administrative agencies are known as administrative law. Examples: EEOC, EPA, Social Security Administration 22Jack Friery © 2008
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Administrative agencies are created when Congress passes enabling legislation, which specifies the name purpose, composition and powers of the agency are created. Examples: ◦ OSHA, EPA, FDA, and FTC Each state also has many administrative agencies. 23Jack Friery © 2008
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Common law – originated in medieval England with the creation of the king’s courts following William the Conqueror’s Conquest of England in 1066. 24Jack Friery © 2008
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The king’s courts sought to establish a set of customs for the whole country. Courts developed the common law rules for the principles underlying judges’ decisions in actual cases. Judges attempted to be consistent, and, when possible, they based their decisions on principles set forth in earlier cases. 25Jack Friery © 2008
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Later cases that involved similar facts and issues could be decided with reference to the earlier cases, or precedents 26Jack Friery © 2008
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In Latin it means, “to stand on decided cases” The use of precedent eventually became a cornerstone of the common law system. Under the doctrine of stare decisis, the judges are obligated to follow precedents established by higher courts within their jurisdiction. 27Jack Friery © 2008
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Stare decisis provides efficiency, consistency, stability and predictability in our legal system. Occasionally, courts will depart from precedent, if the precedent is based on a clearly erroneous application of the law or if the political and cultural environment has change so significantly that the precedent is no longer relevant. 28Jack Friery © 2008
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Brown v. Board of Education of Topeka, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954) This is a case in which the U.S. Supreme Court departed from precedent The Court decided that separate educational facilities for whites and blacks, previously held to be constitutional, were inherently unequal 29Jack Friery © 2008
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Occasionally, there is no precedent on which to base a decision. When deciding cases of first impression, courts consider the following factors: ◦ Legal principles and policies underlying the previous court decisions or existing law ◦ Social value and customs ◦ Public policy ◦ Data and concepts drawn from the social sciences 30Jack Friery © 2008
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In re Baby M, 217 N.J. Super. 313, 525 A.2d 1128 (1987) Example of case of first impression A New Jersey court had to decide whether a surrogate-parenting contract should be enforced against the wishes of the surrogate parent. 31Jack Friery © 2008
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Courts of law ◦ The early English king’s courts the remedies that could be granted were restricted to: Land Items of value Money 32Jack Friery © 2008
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Equity is the branch of law founded on notions of justice and fair dealing, seeking to supply a remedy when there is no adequate remedy available at law. 33Jack Friery © 2008
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Today, courts of equity and courts of law have been merged so that one court can award both legal and equitable remedies. Courts are guided by equitable principles and maxims when deciding equity cases. Example: “Whoever seeks equity must do equity.” 34Jack Friery © 2008
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Common law governs all areas not covered by statutory law. The American Law Institute (ALI) drafted and published compilations of the common law called Restatements of the Law. The Restatements summarize and clarify common law rules and principles. 35Jack Friery © 2008
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Sometimes referred to as judge - made law Interpretation of all law including: ◦ Constitution ◦ Statutes ◦ Administrative Law ◦ Common Law 37Jack Friery © 2008
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Case titles ◦ The name of a case gives the names of the parties to the lawsuit. ◦ Plaintiff’s name appears first ◦ When an appeal is filed, some appellate courts place the appellant’s name first. 38Jack Friery © 2008
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Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) Name, Official Citation, Unofficial Sources, Year 39Jack Friery © 2008
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Plaintiff ◦ The one who initiates a lawsuit ◦ Defendant ◦ The one against whom the lawsuit is brought ◦ 40Jack Friery © 2008
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Can be elected or appointed Federal judges can are appointed for life State judges are elected for terms Commissioners or magistrates are used in some courts to make decisions on matters before trial 41Jack Friery © 2008
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The opinion is the court’s statement of its reasons for its decision, the rules of law that apply and the judgment. Most often found in appellate cases 42Jack Friery © 2008
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Unanimous – all agree Majority opinion – most agree Plurality opinion – largest group opinion Concurring opinion – agree but different reasons Dissenting opinion – don’t agree with majority’s decision 43Jack Friery © 2008
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Questions? 44Jack Friery © 2008
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