1. Introduction to the Law
Jody Blanke, Professor
Computer Information Systems and Law

2. Sources of Law
Constitutional Law

3. Constitutional Law Federal (U.S.) Constitution State Constitutions
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. Sources of Law
Constitutional Law
Statutory Law

5. Statutory Law Congress State Legislatures Senate
House of Representatives
Authorized by Constitution
Enumerated Powers Clause
State Legislatures
Mostly bicameral
Codification of common law

6. Sources of Law
Constitutional Law
Statutory Law
Case Law

7. Case Law Federal Courts State 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

8. Sources of Law Constitutional Law Statutory Law Case Law
Administrative Law

9. Administrative Law Federal Agencies State 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

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

11. Other
Proclamations
Orders
Treaties

12. The Law Evolves Laws must change as society changes
Ex. Plessy v. Ferguson (1897)
“Civil War” Amendments
14th Amendment
Brown v. Board of Education (1954)

13. The Law Evolves Ex. Physician Assisted Suicide
Right to refuse treatment
Karen Anne Quinlan
Living wills
Nancy Cruzan
Dr. Kevorkian
Oregon’s Death with Dignity Act
Washington v. Glucksberg and Quill v. Vacco (1997)
S. Court referred to Oregon and the “laboratory of the states”
Washington, Montana

14. Federal Court System

15. Federal Court System (cont.)

16. 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

17. State Court Systems 50 different systems Similar to federal Georgia
“triangular” in shape
many courts with limited jurisdiction
Georgia
Supreme Court
Court of Appeals
Superior Court
“highest of the low-level courts”
Lots of low-level courts

18. Georgia Court System

19. 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”
8,000 requests per year – 80 granted

20. Burden of Proof Criminal case Civil 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; Andrea Sneiderman