1. 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.
2. Legal system
State court system
Trial court
Civil cases Criminal cases
Commercial
cases
Family
cases
Probate cases
Domestic
matters
Appellate
courts
3. Legal system
Federal court operates in every state
(some states have several federal
districts) to hear:
Disputes between citizens of different states
Matters of federal law or U.S. constitution
Bankruptcy, copyright, or admiralty cases
11 circuit courts oversee district courts
Supreme court over all circuits
4. 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
5. Legal system
Definitions
Jurisdiction- which court will render the
decision
Plaintiff- party bringing the suit (always the
government in criminal cases)
Defendant- alleged wrong doer
Pleadings- facts and basis for the claim
Discovery- interrogatories and depositions of
witnesses and review of written evidence
6. Maxims (contd.)
Mistakes are fixed, not exploited
Remedy is a right of the wronged
Liability is assigned to those responsible
“Clean hands doctrine”- act fairly
Reasonableness standard (no
impossibilities)
Efficiency is valued, waste is not
7. Maxims (contd.)
Substance is preferred over form
Benefit and burden are co assigned
Rule must have a reason
Rule and Reason should be uniformly
applied
Idle or useless acts are not required
8. Common Law System
Used by the U.S., Britain and former
colonies
Basis for future interpretations provided
by:
Case Law
Precedent
Judge’s rulings
10. Other Systems
Civil Law
Used in France, Germany, most of Europe,
Japan
Heavily codified and lots of regulation
Islamic Law
Used in about 70 countries
Directed by the teachings of the Koran
11. Legislative Branch
Makes laws and passes statutes
Statutes aggregated into codes
Building codes, commercial code, etc.
15. Types of Law
Constitutional Law: Core principles
Statutes: Passed by legislature
Administrative Regulations: Adopted by
agencies
Case Law: Established by precedence
16. Issues of Fact vs. Law
Issues of Fact
Discovery and testimony
Parties cannot agree
Most important part of a claim
Issues of Law
Judges and arbitrators interpret law
17. Criminal vs. Civil Law
Criminal Law
Prevent and punish crimes
Government always the prosecutor
Civil Law
Rights and duties of individuals towards one
another
Damages awarded, not punishment (except
for torts)
18. Contract vs. Tort
Contract
Voluntary duties
Promise for performance and payment
Tort
Duties imposed by law
Reasonableness standard
Implicit duties
McDonald’s coffee example
19. Application & Logic
Rules are consistent with social norms
someone pays
everything costs
there will be free riders
rules need interpretation (justice)
denial is expected
evidence can lead to truth (Western ideal)
law is socially evolving
20. Application & Logic
Rules and social norms cont.
system must render a decision (no ties)
fact are evidence are the basis of justice
assumptions are irrelevant
evidence is weighted (2 sides tell stories)
cost follows benefit
winning is the goal
protection of individual (U.S. most individual)
21. Logic of Legal Argument
Argument- structure of the facts which
leads to irrefutable conclusion
Argument is only true when premises are
proved
Premises used to frame issue and draw
conclusion
Issues can be legal, social, ethical,
technical, etc.
22. Logic cont.
Issues requires resolution
Premise 1 (requires support)
Premise 2 (requires support
Premise p (requires support)
Irrefutable conclusion- short and clear
“guilty”
Proving the premise is the key to winning the
argument
23. Legal arguments and briefs
Components of legal arguments
Facts (most important part)
Issues (question under consideration)
Rules (laws, constitution, statute, precedent)
Premises (simple premise, implied premise)
Answer (logical deduction from premises)
24. Legal arguments and briefs
Process of building a legal argument
determine the issue
outline the facts (discovery)
research rules and laws
prepare premises by applying facts to issue
draw conclusion
test conclusion (is opposite answer obviously
wrong, are premises clear, is the rule right)
25. Legal arguments and briefs
Hints
make sure facts are relevant and logic is
sound or the argument will not stand
get to the point
start sentences with nouns
simplify sentences and write clearly
organize argument along FIRPA framework
26. Legal briefs
Name of case and parties involved
Procedural posture (where is it?)
FIRPA argument
Disposition (remand, uphold,
overrule,etc.)
27. Law Ethics and Morality
International ethics is very complicated
Foreign Corrupt Practice Act- illegal to bribe foreign
officials, but bribes can be hard to define
Extraterritoriality- laws in one country are applied to
citizens of another
Home and Host- companies must obey the laws of
the home country and the laws of the host country-
can cause conflicts
Western ethics value the individual and their role in
promoting the “good society” more than most other
cultures