U.S. Legal System Intro

1. 10/20/10 THE U.S. LEGAL SYSTEM Miriam A. Smith Broadcast and Electronic Communication Arts Department San Francisco State University

2. 10/20/10 WHAT IS THE LAW? A set of rules, promulgated by government agencies with authority to do so, that attempt to guide conduct, and subsequently provide sanctions when the rules are violated.

3. 10/20/10 LAW The discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community. Enforcement of the body of rules is through a controlling authority.

4. 10/20/10 Where does U.S. law come from? Medieval England U.S. Constitution -- constitutional law Congress -- statutory law Government Agencies -- administrative law Courts -- modern case law

5. 10/20/10 Medieval England

6. 10/20/10 COMMON LAW The body of customary law, based upon judicial decisions and embodied in reports of decided cases Encyclopedia Britannica Online

7. 10/20/10 equity law remedy at law was insufficient (damages or return property)

8. 10/20/10 U.S. Constitution

9. 10/20/10 U.S. Constitution supreme law of the land standard by which all actions of government are measured Constitution -- 1787 Bill of Rights -- 1791

10. 10/20/10 Bill of Rights

11. 10/20/10 Bill of Rights = First 10 Amendments First Amendment -- freedom of expression Sixth Amendment -- speedy and fair trial Fourteenth Amendment -- equal rights

12. 10/20/10 Congress

13. 10/20/10 Inside Congress

14. 10/20/10 To become a statute . . . bill introduced in House if passed, transmitted to Senate Senate may pass, reject or amend Senate amendments considered by House if passed by House and Senate -- must be approved by President if President vetoes, need 2/3rds vote to override veto I'm Just a Bill

15. 10/20/10 Statutes . . . Are implemented through rule making of relevant government agency May be challenged in court -- on grounds do not meet requirements of constitution vague overbroad U.S. Code

17. 10/20/10 Administrative Law regulations established by independent regulatory agencies Federal Communications Commission (FCC) Federal Trade Commission (FTC) implement legislation (Acts of Congress)

18. 10/20/10 The Federal Trade Commission

19. 10/20/10 U.S. Case Law

21. 10/20/10 U.S. Supreme Court original jurisdiction Ambassadors, state is a party appellate jurisdiction direct appeal -- ruled federal law unconstitutional writ of certiorari -- important legal question certification -- lower courts ask questions, very rare

22. 10/20/10 Legal Distinctions Civil and Criminal Federal and State

23. 10/20/10 Civil and Criminal Law Why was O.J. acquitted in one court and found “guilty” in another?

24. 10/20/10 Criminal Law government prosecutes accused individuals on behalf of the people purpose is to impose punishment punishment includes fines or imprisonment highest standard of proof (burden of proof) beyond a reasonable doubt

25. 10/20/10 Civil Law essentially private law harmed individuals or entities (companies, government) can sue those who do harm seek redress of wrongs burden of proof clear and convincing preponderance of the evidence

26. 10/20/10 Types of Civil Law Contract Law Tort Law Copyright Law Intellectual Property Law

27. 10/20/10 Contract legally binding mutual promises to perform in a certain way under certain circumstances

28. 10/20/10 Contract Law way of enforcing promises agreements to broadcast ad production agreements offer, acceptance, consideration breach of contract

29. 10/20/10 Tort Law injury to person, thing or relationship

30. 10/20/10 Tort Law libel and slander invasion of privacy infliction of emotional distress must prove negligence, gross negligence, malice, or strict liability

31. 10/20/10 Copyright Law rights created by Copyright Act

32. 10/20/10 Copyright Act five exclusive rights can act against anyone who violates any of the five exclusive rights exception for “fair use”

33. 10/20/10 Copyright Act

34. 10/20/10 Remedies What do you want done?

35. 10/20/10 Remedies Damages Equitable remedies restitution injunction

36. 10/20/10 Federal and State The Judicial System

37. 10/20/10 Federal Courts U.S. District Court -- trial courts U.S. Circuit Courts -- appellate courts U.S. Supreme Court -- the court of last resort

38. 10/20/10 Federal Court Jurisdiction Broadcast regulations Cable regulations Copyright Patents Diversity

39. 10/20/10 State Courts Superior Court California Court of Appeal California Supreme Court

40. 10/20/10 State Court Jurisdiction Contract Torts privacy libel Unfair competition

41. 10/20/10 Concurrent (shared) Jurisdiction trademarks advertising antitrust obscenity

42. 10/20/10 Legal Procedure

43. 10/20/10 Legal Procedure -- Civil Complaint Answer Discovery Pretrial Motions and Hearings Settlement Conference Trial Appeal

44. 10/20/10

45. 10/20/10 Legal Procedure -- Criminal Investigation Arrest Criminal complaint filed Arraignment Preliminary Hearing or Grand Jury Indictment Pretrial motions and hearings Trial Sentencing Appeal

46. 10/20/10 Injunctions Inadequate remedy exists at law Irreparable harm

47. 10/20/10 Summary Judgment material facts are not controverted entitled to prevail as a matter of law

48. 10/20/10 In a jury trial . . . Jury -- determines questions of fact Judge -- determines questions of law

49. 10/20/10 Legal Citation last names of parties Kramer v. Kramer name of case is underlined or italicized volume reporter page (year court) 283 U.S. 697 (1931) Near v. Minnesota