business law 290 what is law?. where does “law” come from three traditional sources: force...
TRANSCRIPT
Business Law 290What is law?
Where does “law” come fromThree traditional sources:
Force
Religion
Communal Needs
This belief is a form of Legal Realism as discussed in your book.
Types of Laws in U.S.Constitutional Law
Statutory Law
Common Law
Contract Law
Constitutional LawCompact of Society
Supreme Law of Land
Supreme Court has final say: in theory
Statutory LawLaws enacted by legislative body
Federal level: Congress
State level: Georgia Legislature
Local level: County Commission or City Council
Administrative Law is where the legislative body has assigned their authority to parts of the executive branch
An aside: The three legged stool
Article 1 of the Constitution: Congress
Article II of the Constitution: President
Article III of the Constitution: Courts
Common LawCourts make law by rendering rulings---judge made law
Two types:
Law: court interpretations of Constitutional, Statutory and Contract Law
Equity: notions of justice and fair play
MUST BE NO remedy provided by law
Remedies in EquityThe “law” (i.e. constitutional, statutory, or contract) provide no remedy
There is an unfairness to what is happening
The party harmed has done no wrong: has clean hands and must have treated others fairly
The party seeking help must have been diligent, otherwise Laches applies
Laches: doctrine in equity that equity will not help if the harmed party was not vigilant
Precedent and Stare DecisisStare Decisis: to stand upon the established case law
Case Law: Appellate Court Decisions are Reported
Binding Authority: The precedent is set by a higher court
A Georgia Supreme Court’s interpretation of a Georgia Statute is binding authority on a Georgia Superior Court
Federal System
State System
Court Systems
Federal SystemCreated by Article III of the Constitution
Congress really could change the Court system
Supreme Court---the only defined court
Judges serve for good behavior
Federal CourtsSupreme Court
Circuit Courts of Appeal
District Courts
Bankruptcy Courts
Special Federal Courts (Tax, Trade, Claims)
State Courts (Georgia is example)
Supreme Court
Court of Appeals
Superior Courts
State Courts
Magistrate Courts
Probate Courts
City Courts
JurisdictionSubject Matter Jurisdiction: the Court has authority to hear the case (or is the Court a Court of Limited Jurisdiction)
Personal Jurisdiction: the Court has authority over the party or the property
Original/Appellate Jurisdiction: Trier of Fact (Original) vs. review the proceedings below (Appellate)
Venue: is the Court the best location for the trial
Criminal: where the crime occurred
Civil: where the Defendant resides
Federal Court’s Limited Jurisdiction
Federal Question: Cause of Action is based in Federal law
U.S. Constitution, USCA, treaty, federal regulations
Diversity of Citizenship
Complete Diversity of Citizenship between Plaintiffs and Defendants
controversy must involve more than $75,000
Removal: taking a case out of State Court because of Diversity
A Court Case:Complaint: You done me wrong Song
Summons and Service
Answer and Defenses
Discovery
Deposition
Interrogators
Request for Documents/Admissions
A Court Case Cont.:Pre-trial Motions
Mediation
Trial
Post Trial motions
Appeal
Enforcing the Judgment
Finding the LawCodification of Statutory Law: (OCGA and USCA)
Reported Case Law
Index, Digest and Online Research of Law