Presentation on theme: "Chapter 1 Legal Systems Maxims - Underlying principles of dispute resolution that reflect society’s attitude. These can be law and/or public policy in."— Presentation transcript:
Chapter 1 Legal Systems Maxims - Underlying principles of dispute resolution that reflect society’s attitude. These can be law and/or public policy in codified form, but are often unstated.
Legal system zState court system Trial court Civil casesCriminal cases Commercial cases Family cases Probate cases Domestic matters Appellate courts
Legal system zFederal court operates in every state (some states have several federal districts) to hear: yDisputes between citizens of different states yMatters of federal law or U.S. constitution yBankruptcy, copyright, or admiralty cases y11 circuit courts oversee district courts ySupreme court over all circuits
Legal system Federal courts continued tax cases and claims against the government are handled by a special district court Administrative agencies have their own U.S. circuit court for appeals of rulings and decisions
Legal system zDefinitions yJurisdiction- which court will render the decision yPlaintiff- party bringing the suit (always the government in criminal cases) yDefendant- alleged wrong doer yPleadings- facts and basis for the claim yDiscovery- interrogatories and depositions of witnesses and review of written evidence
Maxims (contd.) zMistakes are fixed, not exploited zRemedy is a right of the wronged zLiability is assigned to those responsible z“Clean hands doctrine”- act fairly zReasonableness standard (no impossibilities) zEfficiency is valued, waste is not
Maxims (contd.) zSubstance is preferred over form zBenefit and burden are co assigned zRule must have a reason zRule and Reason should be uniformly applied zIdle or useless acts are not required
Common Law System zUsed by the U.S., Britain and former colonies zBasis for future interpretations provided by: yCase Law yPrecedent yJudge’s rulings
US-Multijurisdictional Law z50 States, Municipalities, Counties, etc. zJury System zAdversarial system of discovery zCompetition for the truth
Other Systems zCivil Law yUsed in France, Germany, most of Europe, Japan yHeavily codified and lots of regulation zIslamic Law yUsed in about 70 countries yDirected by the teachings of the Koran
Legislative Branch zMakes laws and passes statutes zStatutes aggregated into codes yBuilding codes, commercial code, etc.
Executive Branch zEnforcement, policing, and implementation of statutes. zRuns prisons, police, FBI, etc.
Administrative agencies zHandles complex codes zAssists legislative and executive offices zExamples are IRS, EEOC, DOT zHave hearings and dispute resolution mechanisms.
Judicial Branch zCriminal and civil systems zJurisdiction a recognized legal activity zAlso determines who decides
Types of Law zConstitutional Law: Core principles zStatutes: Passed by legislature zAdministrative Regulations: Adopted by agencies zCase Law: Established by precedence
Issues of Fact vs. Law zIssues of Fact yDiscovery and testimony yParties cannot agree yMost important part of a claim zIssues of Law yJudges and arbitrators interpret law
Criminal vs. Civil Law zCriminal Law yPrevent and punish crimes yGovernment always the prosecutor zCivil Law yRights and duties of individuals towards one another yDamages awarded, not punishment (except for torts)
Contract vs. Tort zContract yVoluntary duties yPromise for performance and payment zTort yDuties imposed by law yReasonableness standard yImplicit duties yMcDonald’s coffee example
Application & Logic zRules are consistent with social norms ysomeone pays yeverything costs ythere will be free riders yrules need interpretation (justice) ydenial is expected yevidence can lead to truth (Western ideal) ylaw is socially evolving
Application & Logic zRules and social norms cont. ysystem must render a decision (no ties) yfact are evidence are the basis of justice yassumptions are irrelevant yevidence is weighted (2 sides tell stories) ycost follows benefit ywinning is the goal yprotection of individual (U.S. most individual)
Logic of Legal Argument zArgument- structure of the facts which leads to irrefutable conclusion zArgument is only true when premises are proved zPremises used to frame issue and draw conclusion zIssues can be legal, social, ethical, technical, etc.
Logic cont. zIssues requires resolution yPremise 1 (requires support) yPremise 2 (requires support yPremise p (requires support) yIrrefutable conclusion- short and clear “guilty” yProving the premise is the key to winning the argument
Legal arguments and briefs zComponents of legal arguments yFacts (most important part) yIssues (question under consideration) yRules (laws, constitution, statute, precedent) yPremises (simple premise, implied premise) yAnswer (logical deduction from premises)
Legal arguments and briefs zProcess of building a legal argument ydetermine the issue youtline the facts (discovery) yresearch rules and laws yprepare premises by applying facts to issue ydraw conclusion ytest conclusion (is opposite answer obviously wrong, are premises clear, is the rule right)
Legal arguments and briefs zHints ymake sure facts are relevant and logic is sound or the argument will not stand yget to the point ystart sentences with nouns ysimplify sentences and write clearly yorganize argument along FIRPA framework
Legal briefs zName of case and parties involved zProcedural posture (where is it?) zFIRPA argument zDisposition (remand, uphold, overrule,etc.)
Law Ethics and Morality z International ethics is very complicated yForeign Corrupt Practice Act- illegal to bribe foreign officials, but bribes can be hard to define yExtraterritoriality- laws in one country are applied to citizens of another yHome and Host- companies must obey the laws of the home country and the laws of the host country- can cause conflicts yWestern ethics value the individual and their role in promoting the “good society” more than most other cultures