Employment Law (Mgmt 445) Course Introduction Professor Charles H. Smith Spring 2012

Introduction Introduce myself/course. Take roll – adds. Review course syllabus. My (best way to contact me) – My website – Warning/disclaimer  Employment law is fraught with situations which may present matter that is illegal, unethical or both.  Cases and examples will be presented for purpose of education, not for “shock value.”

Guide to Reading Cases (pages xxix-xxxii and 43-47) We will be reading many cases during this course; they can be difficult to understand at times. The rule of stare decisis requires a court to follow “precedent” – past decisions by that court or higher courts in the same jurisdiction as to the same or similar issue. Stare decisis is the hallmark of common law systems such as the United States and England; it provides stability and predictability for those in the legal systems (judges, lawyers) as well as people involved in legal disputes. Therefore, cases are ultimately the most important part of the American legal system.

Guide to Reading Cases cont. A “case” is the written opinion of the court which should include (not necessarily in this order)  Statement of the facts (disputed and undisputed),  Issue(s) presented,  Conclusions reached as to the(se) issue(s) (sometimes called the court’s “holdings”), and  The court’s reasoning as to the issue(s) and holding(s) A case can be quite lengthy though the cases in the book are usually edited by the authors and, due to this editing, may present matter pertaining to one issue only.

Legal Research and Writing Access legal research websites such as Lexis-Nexis Academic Universe through the CSUF website (see next slide). Search tips  Case citation – format is volume number, then abbreviation of publication, then first page of case; e.g., 3 Cal.4 th 1 stands for the case found in volume 3 of the California Reports (4 th series), starting on page 1.  Key words – start with broad terms and recent publications (e.g., “arbitration” within the last 6 months), then use more specific terms (e.g., “arbitration” and “wrongful termination”) and search for older publications if necessary. Organize your written presentation through use of headings, new paragraphs, proper grammar/punctuation/spelling, and the following format – introduction/body of text/conclusion.

Legal Research and Writing cont. Best legal research website is LexisNexis Academic which can be found on the CSUF website  Start on homepage.  Click on Library link (left side of page).  Under Quick Links, click on Find Databases link (left side of page).  Click on L (top of page).  Click on LexisNexis Academic link.  Input and enter your username and password.  Click on US Legal link (left side of page) and list of sources of legal authorities will appear.