The document outlines different types and classifications of law including constitutions, statutes, common law, equity, administrative regulations, treaties, ordinances, and executive orders. It discusses jurisprudential philosophies like legal positivism and natural law. It also covers legal reasoning techniques, precedent, and statutory interpretation.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Introduction
Sources of law
Constitution of India
Preamble to the Constitution
Fundamental Rights
Fundamental Duties
Indian Judiciary System
Criminal Law
Civil Procedure Code
Family Law
Indian Contract Act 1872
Sale of Goods Act 1930
Industrial Disputes Act 1947
Minimum wages Act 1948
Factories Act 1948
Consumer Protection Act 1986
Trademarks Act 1999
Right To Information Act 2005
Companies Act 2013
Black Money Act 2015
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Instructor Notes.htmlTo assist you in completing consulting asTatianaMajor22
Instructor Notes.html
To assist you in completing consulting assignments for TLG, it is important to review some basic concepts relevant to the legal system and constitutional law.
First, review the concept of federalism, the court system, and common law v. civil law, and the nature of law and the legal process.
Some important points are:
(1) the primary purpose of the law is to establish a set of rules and guidelines for society to promote order and to create parameters for acceptable and prohibited behavior;
(2) laws are inevitably subject to interpretation and reinterpretation by courts;
(3) laws must be reasonably specific, and yet sufficiently general, with inherent flexibility, to withstand the rigors of interpretation and the "test of time";
(4) laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;example: the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility
(5) laws are promulgated and interpreted by human beings, and thus, are imperfect;
(6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws;
(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical;
(8) U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors;
(9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation - every right granted to an individual or group, to some extent, impinges on the rights of another individual or group;
(10) legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair - this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;example: highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice - on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians example: laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years - on balance, society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol
(11) the familiar symbol for law and the legal system is the ...
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
This country’s planted thick with laws from coast to coast . . . and if you cut them down... d’you really think you could stand upright in the winds that would blow then?
A MAn for All SeASonS, Act I
Consider . . . 1.1
John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with, and convicted of, violating 18 U.S.C. § 1519,
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation . . . or
any case filed . . . or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”
Mr. Yates says that the statute applies to financial records and not fish. The statute was passed after Enron collapsed and its financial records and audit papers had been shredded to deter such actions by businesses. Who decides whether the law applies to hurling fish overboard? What should the court decide?
1-1
Definition of Law
Philosophers and scholars throughout history have offered definitions of law. Aristotle, the early Greek philosopher, wrote that “the law is reason unaffected by desire” and “law is a form of order, and good law must necessarily mean good order.” Oliver Wendell Holmes Jr., a U.S. Supreme Court justice of the early twentieth century, said, “[L]aw embodies the story of a nation’s development through many centuries.” Sir William Blackstone, the English philosopher and legal scholar, observed that law was “that rule of action which is prescribed by some superior and which the inferior is bound to obey.” Black’s Law Dictionary defines law as “a body of rules of action or conduct prescribed by the controlling authority, and having legal binding force.”1 Law has been defined at least once by every philosopher, statesman, and police officer.
Law is simply the body of rules governing individuals and their relationships. Most of these rules become law through a recognized governmental authority. Laws give us basic freedoms, rights, and protections. Law also offers a model of conduct for members of society in their business and personal lives and gives them certainty of expectation. Plans, businesses, contracts, and property ownership are based on the expectation that the law will provide consistent protection of rights. Without such constancy in legal boundaries, society would be a mass of chaos and confusion.
1-2
Classifications of Law
1-2a public versus private Law
Public law includes those laws enacted by some authorized governmental body. State and federal constitutions and statutes are all examples of public laws, as are the state incorporation and partnership procedures, county taxation statutes, and lo ...
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
2. 1
P
A
R
T
Foundations of American Law
• The Nature of Law
• The Resolution of Private Disputes
• Business and The Constitution
• Business Ethics, Corporate Social
Responsibility, Corporate Governance,
and Critical Thinking
1-2
3. C H A P T E R
01
The Nature of Law
“The sacred rights of mankind . . . are written, as with a sun
beam in the whole volume of human nature, . . . and can
never be erased or obscured by mortal power.”
Alexander Hamilton, 1775
1-3
4. Learning Objectives
• Identify sources and types of law
• Identify the law that has precedence
when laws conflict
• Differentiate criminal law from civil law
• Differentiate schools of jurisprudence
• Describe precedent (stare decisis)
• Explain major techniques of statutory
interpretation
1-4
5. Types and Classifications of Law
At the federal, state, and tribal level:
•Constitutions: establish governmental
structure, specific rights and duties
– Example: U.S. Constitution
•Statutes: enacted by legislative body
to regulate conduct
– Example: Clean Air Act, 42 U.S.C. §§ 7401
et seq. (1970)
1-5
6. Types and Classifications of Law
• Common law or case law is made and
applied by judges at the state level as
judges decide cases according to the
doctrine of precedent or stare decisis
(let the decision stand)
– Example: in the negligence case of Young
v. Beck, the court reviewed applicable law
and concluded that a long-standing
common law rule should remain in effect
1-6
7. Types and Classifications of Law
• Equity is applied by state level judiciary
to achieve justice when common law
rules would produce unfair results
– Injunction: court forbids a party to do some
act or orders a party to perform an act
– Specific performance: party is ordered to
perform according to contract terms
– Reformation: court rewrites contract to reflect
intention of parties
– Recission: cancellation of the contract
1-7
8. Types and Classifications of Law
• Administrative Regulations & Decisions:
made by state and federal agencies
that were created by statute and hold
delegated (granted) power
• Treaty: made with other nations, by the
U.S. president on behalf of the nation,
approved (ratified) by the U.S. Senate
– Example: The Antarctic Treaty
1-8
9. Types and Classifications of Law
• Ordinance: made by subunits of state
governments (e.g., counties, cities) for
local issues, such as zoning
• Executive Order: issued by the U.S.
President or a state governor under
limited powers
– Example:
Executive Orders Disposition Tables Index
1-9
10. Priority Rules
• Federal supremacy: a rule of priority for
conflicts between laws stating that the
U.S. Constitution is the supreme law
– Supremacy Clause, Article VI, Section 2, of
the U.S. Constitution
• Practical meaning:
– Federal law defeats state law
– State constitution defeats state legislation
– Statute defeats administrative regulation
– Statute or regulation defeats common law
1-10
11. Trentadue v. Gorton
• Facts & Procedural History:
– Trial court decided that common law discovery
rule applied to claims against corporate
defendants for the crime of an employee rather
than a statute of limitations. Appellate court
affirmed and case appealed.
• Issue: Does a legislated rule (statute of
limitations) abrogate a common law rule?
• Holding: Yes. Plain language of statute
indicates a legislative intent to exclude
common law rules.
1-11
12. Classification of Law
• Criminal law establishes
duties to society
– Government charges
and prosecutes
defendant, who will be
found guilty or innocent
– A convicted defendant
will be imprisoned or
fined
1-12
13. Classification of Law
• Civil law establishes
duties and obligations
between private
parties
– Plaintiff sues defendant
for monetary damages
or equitable relief
– A defendant will be
held liable or not liable
for the plaintiff’s injury
1-13
14. Classification of Law
• Substantive law establishes rights and
duties of people in society
– Example: A statute making murder a
crime is a substantive law
• Procedural law establishes how to
enforce those rights and duties
– Example: Rules for the proper conduct of
a trial are rules of procedural law
1-14
15. Classification of Law
• Public law refers to the relationship
between governments and private
parties
– Examples: constitutional, statutory, and
administrative law
• Private law refers to the regulation of
conduct between private parties
– Examples: contract, tort, property, and
agency laws
1-15
16. Jurisprudence
• Jurisprudence refers to the philosophy
of law as well as the collection of laws
• Legal positivism: law is the command
of a recognized political authority
– Just or unjust, law must be obeyed
• Natural law: universal moral rules bind
all people whether written or unwritten
– Unjust positive laws are invalid
1-16
17. Jurisprudence
• American legal realism defines law as
the behavior of the judiciary as they
rule on matters within the legal system
– Thus law in action dominates positive law
• Sociological jurisprudence unites
theories that examine law within its
social context
1-17
18. Functions of Law
• Peacekeeping
• Checking government power and
promoting personal freedom
• Facilitating planning and the realization of
reasonable expectations
• Promoting economic growth through free
competition
• Promoting social justice
• Protecting the environment
1-18
19. Legal Reasoning
• Basically deductive, with legal rule as
major premise and facts as the minor
premise
– Result is product of the two
• Case law reasoning: Court may stand
on precedent or distinguish prior case
from current case
– If precedent inapplicable, new rule
developed
1-19
20. Hagan v. Coca-Cola Bottling Co.
• Facts & Procedural History:
– Florida plaintiffs drank from bottle of Coke,
found foreign object, suffered emotional
distress, and brought suit for negligence
– Jury returned verdict for plaintiffs, judge
reduced jury award, & both parties appealed
– Certified question sent to Florida Supreme Court
• Question: Should the impact rule (physical injury
required to state a claim) be abolished or
amended in Florida?
1-20
21. Hagan v. Coca-Cola Bottling Co.
• Court’s Reasoning:
– Reviewed facts and arguments of parties
– Reviewed application of impact rule within
Florida, including modifications to the rule
– Discussed public policy recognized by the
Florida Supreme Court in Doyle v. Pillsbury Co.
– Noted court decisions in other states
• Holding: Impact rule does not apply where
emotional damages are caused by conduct that
is a freestanding tort (e.g., contaminated food)
1-21
22. Reasoning by Statutory Interpretation
• Plain meaning rule: court applies statute
according to usual meaning of the words
• Courts examine legislative history and
purpose when plain meaning rule is
inadequate
– Example A: Why does the Communications
Decency Act offer immunity for some entities?
– Example B: What is meant by a prohibition
against discrimination “because of an
individual’s age?”
1-22
23. Federal Communications Commission v.
• Facts:
– Corporation challenged a Freedom of
Information Act request arguing that
Exemption 7(C), an unwarranted
invasion of personal privacy, applied to
the request and prevented disclosure
• Issue: whether corporations have
“personal privacy” for the purposes of this
exemption?
1-23
24. Federal Communications Commission
v. AT&T, Inc.
• Reasoning:
– “Personal” not defined by the statute,
but “personal privacy” ordinarily refers
to individuals and the ordinary meaning
of the phrase should apply
• Holding:
– Corporations do not have “personal
privacy” for purposes of Exemption 7(C)
1-24
25. Statutory Interpretation
• Courts may interpret a statute in light of
a general public purpose or public
policy
• Courts follow prior interpretation of a
statute (precedent) to promote
consistency
• Maxims may be used to assist in
statutory interpretation
1-25
26. Statutory Interpretation
• Example of a maxim:
– Ejusdem generis (things of the same type)
– When general words follow specific
words, the general words are limited to
the same things as specific words
• “Automobiles and other vehicles” does
not include airplanes
1-26
27. Limitations on Judicial Power
• Courts limited to deciding existing
cases or controversies
– In other words, the dispute must be
current and not yet resolved
– However, a declaratory judgment allows
parties to determine rights and duties
prior to harm occurring
1-27
28. Limitations on Judicial Power
• Parties must have standing (direct
interest in the outcome) to sue
Whales, for example,
do not have standing
The Cetacean
Community v.
Bush, 386 F.3d
1169 (9th Cir. 2004)
1-28
29. Global Business Environment
• Courts may faced with
treaty interpretation “The carrier shall be
liable for damage
sustained in the event of
• U.S. Supreme Court the death or wounding
of a passenger or any
interpreted The Warsaw other bodily injury
suffered by a passenger,
Convention in if the accident which
caused the damage so
Olympic Airways v. sustained took place on
board the aircraft or in
Husain the course of the
operations of embarking
• How would you have or disembarking.”
Warsaw Convention,
interpreted the treaty Art. 17
language?
1-29
30. Test Your Knowledge
• True=A, False = B
– The Constitution, statutes, and case law
are sources of law in the United States
– Agency regulations, presidential orders,
and treaties are sources of law in the
United States
– Stare decisis refers to the doctrine of equity
– The Supremacy Clause states that the U.S.
Constitution is the supreme law of the land
1-30
31. Test Your Knowledge
• True=A, False = B
– Civil law establishes the duties an
individual has to keeping a civil society
– Substantive law establishes how to
enforce the rights and duties of people in
society
– Jurisprudence refers to the philosophy of
law as well as the collection of laws
– Legal reasoning is basically inductive
1-31
32. Test Your Knowledge
• Multiple Choice
– The plain meaning rule means that the
court applies a statute
a) according to the unique or special
meaning of words
b) according to usual meaning of the
words
c) according to public policy and
legislative purpose
1-32
33. Test Your Knowledge
• Multiple Choice
– Courts are:
a) Limited to hearing existing cases or
controversies
b) Limited to hearing cases in which plaintiff
has standing (a direct interest in the
outcome)
c) Unlimited in types of cases they may hear
d) All of the above
e) Both A & B
1-33
34. Thought Question
• What do you think the authors of the
U.S. Constitution would think about
current legal issues in our society?
1-34
Editor's Notes
The links are to the U.S. Constitution from the House Documents Online via GPO Access, and to the Clean Air Act on the U.S. federal Environmental Protection Agency website.
The case of Young v. Beck involved a teenager (Young) who was injured in an automobile accident driven by teenager Beck. Young sued both the teenaged Beck and his parents under the “family purpose doctrine”: “[A parent] who furnishes an automobile for the pleasure and convenience of the members of his family makes the use of the machine for the above purposes his affair or business….” The case rose through the state court system to the Arizona Supreme Court, which decided that holding the parents liable for negligent acts of the teenager was a common law rule justly established for a public policy purpose.
The hyperlink is to the Handbook of the Antarctic Treaty System on the U.S. Department of State website.
The hyperlink is to the listing of executive orders on the U.S. Government archives.gov website.
This case concerns a 1986 rape and murder of a Michigan woman and subsequent wrongful death case filed by her daughter (Trentadue) on the basis of DNA evidence obtained in 2002. The DNA evidence led to the conviction and imprisonment of the perpetrator, Jeffrey Gorton. Trentadue sued Gorton’s parents, who had employed their son in their corporation. Several other defendants were also sued. The statute of limitations for a wrongful death cases established a three year time limit for filing claims, but applying the common law discovery rule would mean that the statute of limitations would begin in 2002 when the DNA evidence was established. The trial and appellate courts ruled in favor of the discovery rule, which would have allowed the case to go forward. However, the Michigan Supreme Court reversed the lower courts, following the statute of limitations rather than the common law discovery rule. This is an interesting case for discussion since many find the state Supreme Court’s ruling to be unfair. One might think that, since the case was filed 16 years after the murder and the DNA evidence led to the conviction and imprisonment of the perpetrator, the result seems more fair. However, the judge specifically stated that even if the killer had not been found, the three-year statute of limitations would stand. In Dec. 2010, the Michigan Supreme Court decided another case (Colaianni v. Stuart Frankel Development) concerning the discovery rule by dismissing it; this leaves the Trentadue decision stand.
The writings of Justice Oliver Wendell Holmes and Roscoe Pound, well-known legal philosophers, document sociological jurisprudence. Holmes wrote, “[t]he first requirement of a sound body of law is, that it should correspond with the actual feelings and demands of the community, whether right or wrong.”
The hyperlink is to the case opinion on the Florida Supreme Court website.
Example A refers to the question in Fair Housing Council of San Fernando Valley v. Roommate.com, LLC. The court discussed why “interactive service providers” were provided immunity under the statute and whether the particular defendant had gone beyond the purpose of the immunity so as to incur liability for its acts. Note that the opinion in the text is the rehearing by the Ninth Circuit en banc . The original decision was issued on May 15, 2007 by a three judge panel. The en banc court ruled 8-3 to uphold the original panel decision. Judge Kozinski wrote the majority opinion for the en banc decision and had also written the lead opinion in the three-judge panel ruling. For the original ruling, a number of computer service providers provided amicus curiae briefs: Amazon.com, Inc., America Online, Inc., Ebay Inc., Google Inc., Tribune Company, Yahoo! Inc., Netchoice and United States Internet Service Provider Association. According to the Electronic Frontier Foundation, a non-profit internet watchdog that submitted an amicus brief requesting rehearing, the decision was “a dangerous holding that endangered features like search customization and user feedback on interactive web services.” Example B is the General Dynamics case.
The hyperlink is to the case information and opinion on the Supreme Court of the United States Blog website.
Interestingly, the Supreme Court did not refer to their 2010 decision in Citizens United v. Federal Election Commission 558 U.S. 08-205 (2010). In Citizens United, the Supreme Court declared that a corporation has the right of freedom of speech as does a human person.
The hyperlink is to the case information and opinion on the Oyez.org website. The class should discuss the interpretation of the treaty language in light of the facts of the case. In the case, the deceased passenger had a condition that cigarette smoking made much worse. The passenger repeatedly requested to be moved away from the smoking section and the flight attendant refused. The passenger became very ill, walked to the front of the airliner to get fresh air and collapsed and died. The wife of the deceased filed a wrongful death action against the airline company. The district court found the company liable and the Ninth Circuit Court of Appeals affirmed. The Supreme Court interpreted “accident” to be an unexpected or unusual event. The Court also stated that, “for purposes of the ‘accident’ inquiry, a plaintiff need only prove that ‘some link in the chain was an unusual or unexpected event external to the passenger.’ ” The Court determined that the flight attendant’s repeated refusal to assist the deceased was an unusual or unexpected event within the meaning of the treaty’s language.
True True False. Stare decisis (to stand on the decision) refers to the doctrine of precedent. The doctrine of equity is applied by judges to achieve justice when legal rules would produce unfair results True
False. Civil law establishes duties between private parties. False. Substantive law establishes the rights and duties of people in society. Procedural law establishes how to enforce the rights and duties of people in society. True False. Legal reasoning is deductive.