Introduction to the Law Jody Blanke Professor Computer
Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law BA 665 Computers and the Law
Sources of Law n n n Constitutional Law Statutory Law Case Law Administrative Law Other
Constitutional Law n Federal (U. S. ) Constitution n n With a “capital C” Provides framework for government n n Provides for individual rights n n Article I – Legislative Branch Article II – Executive Branch Article III – Judiciary Branch Bill of Rights (first 10 amendments) State Constitutions
Statutory Law n Congress n n n Senate House of Representatives Authorized by Constitution n n Enumerated Powers Clause State Legislatures n n Mostly bicameral Codification of common law
Case Law n Federal Courts n n Supreme Court Circuit Courts of Appeal n n District Courts n n 11 geographic, plus D. C. and Federal circuits 94, at least 1 in each state State Courts n 50 different systems
Administrative Law n Federal Agencies n n n Authority from Constitution Enabled by Congress Provide needed manpower and expertise Legislative, executive and judiciary power “Fourth Branch” – “We the People”? State Agencies n Similar to federal
Other n n n Treaties Proclamations Orders
The Law Evolves n n n Laws must change as society changes Ex. Plessy v. Ferguson (1897) – Brown v. Board of Education (1954) Ex. Assisted Suicide n n Washington v. Glucksberg and Quill v. Vacco (1997) Oregon’s Death with Dignity Act
Appeals n n Generally, questions of law are appealed, questions of fact are not U. S. Supreme Court n n n Must petition for a writ of certiorari “Rule of Four” 7, 000 requests per year – 100 granted
Motion for Summary Judgment n n 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”
Burden of Proof n Criminal case n n n Civil case n n n “beyond a reasonable doubt” burden on prosecution, i. e. , state “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
Preemption n Federal law will preempt state law if Congress is authorized to act, and does so with the intent to occupy the entire area A B
Personal Jurisdiction n n Physical presence in state International Shoe (1945) n n n Required sufficient “minimum contacts” Such that jurisdiction would not offend “traditional notions of fair play and substantial justice” State “Long arm” statutes n n n Transaction of business in the state Commission of a tortious act in the state Ownership of real property in the state
Personal Jurisdiction and the Internet n Compu. Serve v. Patterson (1996) n n Bensusan Restaurant v. King (1997) n n Jurisdiction proper – “purposeful availment” No jurisdiction – tortious act requires physical presence Zippo Manuf. V. Zippo Dot Com (1997) n Adopted “sliding scale” test with three points n n n Clearly does business over Internet, e. g. , Compu. Serve “Passive” Web sites, e. g. , Bensusan Middle ground – must determine level of activity
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