ba 619 legal environment of business introduction to the law jody blanke, professor computer...

BA 619 Legal Environment of Business

Introduction to the Law

Jody Blanke, ProfessorComputer Information

Systems and Law

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

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

Statutory Law Congress

Senate House of Representatives Authorized by Constitution

Enumerated Powers Clause State Legislatures

Mostly bicameral Codification of common 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

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

Other Treaties Proclamations Orders

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

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

Coffee

Federal Court System

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

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

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

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

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

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”

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

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