Introduction to the Law

1
Introduction to the Law

• Jody Blanke, Professor
• Computer Information Systems and Law

2
Sources of Law

• Constitutional Law
• Statutory Law
• Case Law
• Administrative Law
• Other

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)
• State Constitutions

4
Statutory Law

• Congress
• Senate
• House of Representatives
• Authorized by Constitution
• Enumerated Powers Clause
• State Legislatures
• Mostly bicameral
• Codification of common law

5
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

6
Administrative Law

• Federal 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)
• Oregons Death with Dignity Act

9
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

10
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

11
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

12
Preemption

• 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
13
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

14
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