1. Law and the Legal System
Jody Blanke
Distinguished Professor of Computer Information Systems and Law
Mercer University

2. The Law Evolves
“The study of law is in essence the study of human beings, particularly their evolving customs, beliefs, and value systems.”
“As our society evolves, so too does our law.”

3. Sources of Law Primary Sources Constitutions Statutes Regulations
Cases
Secondary Sources
Treatises
Law review articles
Reports
Legal encyclopedias

4. Constitutional Law U.S Constitution
Provides a framework for the government
Provides for rights and freedoms
Short and general
Constitutional interpretation
“Living constitution”
“Originalism”
“Strict constructionism”

5. Constitutional Law Massachusetts is the oldest – 1780
State Constitutions
Provide a framework for the government
Can provide for rights and freedoms, but . .
Vary greatly in size
U.S. Const. – 8,700 words
Vermont – 8,300 words
Average – 26,000 words
Alabama – 172,000 words
Massachusetts is the oldest – 1780
Georgia is the youngest

6. Stautory Law Federal State Congress – bicameral body
Mostly bicameral – all but Nebraska
Broader legislative powers than Congress
All legislative powers – except those specifically enumerated to Congress – are reserved for the states
General “police powers”

7. Administrative Law Federal agency
Authority delegated to it by Congress
Rulemaking power
Must adhere to Administrative Procedure Act (APA)
Proposed rules published in Federal Register
Final rules published in Code of Federal Regulations (CFR)
Adjudicatory power
Administrative hearings presided over by Administrative Law Judge (ALJ)
Executive power
Enforcement e.g., OSHA inspections

8. Administrative Law State agency Similar to federal
Ex. Georgia Administrative Procedure Act

9. Case Law (Common Law) Court decisions have precedential value
Doctrine of stare decisis
“to stand by things decided”
Prior case decisions are accorded great deference and are not often overturned
Provides for stability in the law, yet room for flexibility
Legislative bodies can, in effect, “overturn” a decision by changing the law

10. Separation of Powers

11. Checks and Balances

12. Federalism
Article I, Section 8 of the U.S. Constitution specifically enumerates powers to Congress
The 10th Amendment states that “the powers not delegated to the United States by the Constitution are reserved to the States respectively.”

13. Federalism

14. Federal Courts

15. Federal Courts

16. Federal Courts District Courts Courts of Appeal Supreme Court
94 courts (1 to 4 per state)
original jurisdiction only
Courts of Appeal
11 geographically divided courts (plus 2 specialty courts)
appellate jurisdiction only
Supreme Court
appellate and original jurisdiction

17. Supreme Court – Appellate Jurisdiction
Must petition for a writ of certiorari
“Rule of four”
Of about 8,000 petitions, only about 80 are granted each year

18. Supreme Court – Original Jurisdiction

19. Georgia Court System

20. Judges
All federal judges are appointed by the President and confirmed by the Senate
87% of state judges are elected

21. Due Process Procedural due process Substantive due process
“How” does the process work?
Is the process fair?
Is there a right to a hearing?
Substantive due process
“Why” is there a law?
Is the law fair?
Does it serve a purpose?

22. Marbury v. Madison (1803)

23. Marbury v. Madison (1803)
Established and justified the power of judicial review
Declared the Judiciary Act of 1801 unconstitutional

24. Standard of Review Ex. Equal Protection
Rational basis – a “good reason”
The challenged statute must be rationally related to any legitimate government purpose
Intermediate scrutiny – a “very, very good reason”
The challenged statute must serve an important government objective and be substantially related to that objective
Strict scrutiny – a “very, very, very good reason”
The challenged statute must be necessary in order to achieve a compelling government interest