Introduction to the Law BUS 346 Jody Blanke Distinguished Professor of Computer Science and Law Mercer University, Atlanta
Sources of Law Constitutional Law
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)
Constitutional Law Article I – Legislative Branch
Constitutional Law Article II – Executive Branch
Constitutional Law Article III – Judiciary Branch Marbury v. Madison (1803)
Constitutional Law Bill of Rights Ratified 2 years after Constitution
Constitutional Law State Constitutions Provide framework for government 49 0 f 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
Sources of Law Constitutional Law Statutory Law
Statutory Law Congress 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
Statutory Law State Legislatures Mostly bicameral All but Nebraska Codification of common law
Sources of Law Constitutional Law Statutory Law Case 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
Sources of Law Constitutional Law Statutory Law Case Law Administrative Law
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”]
Administrative Law State Agencies Similar to federal
Sources of Law Constitutional Law Statutory Law Case Law Administrative Law Other
Other Proclamations Orders Treaties
The Law Evolves Laws must change as society changes Ex. Plessy v. Ferguson (1897) “Civil War” Amendments 14 th Amendment Brown v. Board of Education (1954) 14 th Amendment
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. ?
The Law (Usually) Makes Sense Mc. Donald’s and the Hot Cup of Coffee
Federal Court System
Federal Court System (cont. )
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
Supreme Court – Original Jurisdiction
Federal District Court Criminal Cases Civil Cases Federal Question Jurisdiction Diversity Jurisdiction complete diversity of the parties amount in controversy greater than $75, 000
State Court Systems 50 different systems Similar to federal “triangular” in shape many courts with limited jurisdiction Georgia Supreme Court of Appeals Superior Court “highest of the low-level courts” Lots of low-level courts
Georgia Court System
Separation of Powers
Checks and Balances
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
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 Andrea Sneiderman
Jurisdiction Original (trial) jurisdiction Appellate jurisdiction Subject matter jurisdiction “Does this court have jurisdiction to hear this kind of case? ”
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