The U.S. legal system has its origins in medieval English common law and equity traditions. U.S. law comes from the Constitution, congressional statutes, administrative regulations, and modern case law from federal and state courts. The legal system is divided into civil and criminal law, with civil cases involving private disputes and criminal law governing offenses against the public. Remedies in civil cases include damages and equitable relief such as injunctions or restitution.

1. 10/20/10THE U.S. LEGAL SYSTEMMiriam A. SmithBroadcast and Electronic Communication Arts DepartmentSan Francisco State University

2. 10/20/10WHAT 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. 10/20/10LAWThe 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. 10/20/10Where does U.S. law come from?Medieval EnglandU.S. Constitution -- constitutional lawCongress -- statutory lawGovernment Agencies -- administrative lawCourts -- modern case law

5. 10/20/10Medieval England

6. 10/20/10COMMON LAWThe body of customary law, based upon judicial decisions and embodied in reports of decided casesEncyclopedia Britannica Online

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

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

9. 10/20/10U.S. Constitutionsupreme law of the landstandard by which all actions of government are measuredConstitution -- 1787Bill of Rights -- 1791

10. 10/20/10Bill of Rights

11. 10/20/10Bill of Rights = First 10 AmendmentsFirst Amendment -- freedom of expressionSixth Amendment -- speedy and fair trialFourteenth Amendment -- equal rights

12. 10/20/10Congress

13. 10/20/10Inside Congress

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

15. 10/20/10Statutes . . .Are implemented through rule making of relevant government agencyMay be challenged in court -- on grounds do not meet requirements of constitutionvagueoverbroadU.S. Code

17. 10/20/10Administrative Lawregulationsestablished by independent regulatory agenciesFederal Communications Commission (FCC)Federal Trade Commission (FTC)implement legislation (Acts of Congress)

18. 10/20/10The Federal Trade Commission

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

21. 10/20/10U.S. Supreme Courtoriginal jurisdictionAmbassadors, state is a partyappellate jurisdictiondirect appeal -- ruled federal law unconstitutionalwrit of certiorari -- important legal questioncertification -- lower courts ask questions, very rare

22. 10/20/10Legal DistinctionsCivil and CriminalFederal and State

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

24. 10/20/10Criminal Lawgovernment prosecutes accused individuals on behalf of the peoplepurpose is to impose punishmentpunishment includes fines or imprisonmenthighest standard of proof (burden of proof)beyond a reasonable doubt

25. 10/20/10Civil Lawessentially private lawharmed individuals or entities (companies, government) can sue those who do harmseek redress of wrongsburden of proofclear and convincingpreponderance of the evidence

26. 10/20/10Types of Civil LawContract LawTort LawCopyright LawIntellectual Property Law

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

28. 10/20/10Contract Lawway of enforcing promisesagreements to broadcast adproduction agreementsoffer, acceptance, considerationbreach of contract

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

30. 10/20/10Tort Lawlibel and slanderinvasion of privacyinfliction of emotional distressmust prove negligence, gross negligence, malice, or strict liability

31. 10/20/10Copyright Lawrights created by Copyright Act

32. 10/20/10Copyright Actfive exclusive rightscan act against anyone who violates any of the five exclusive rightsexception for “fair use”

33. 10/20/10Copyright Act

34. 10/20/10RemediesWhat do you want done?

35. 10/20/10RemediesDamagesEquitable remediesrestitutioninjunction

36. 10/20/10Federal and StateThe Judicial System

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

38. 10/20/10Federal Court JurisdictionBroadcast regulationsCable regulationsCopyrightPatentsDiversity

39. 10/20/10State CourtsSuperior CourtCalifornia Court of AppealCalifornia Supreme Court

40. 10/20/10State Court JurisdictionContractTortsprivacylibelUnfair competition

41. 10/20/10Concurrent (shared) Jurisdictiontrademarksadvertisingantitrustobscenity

42. 10/20/10Legal Procedure

43. 10/20/10Legal Procedure -- CivilComplaintAnswerDiscoveryPretrial Motions and HearingsSettlement ConferenceTrialAppeal

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45. 10/20/10Legal Procedure -- CriminalInvestigationArrestCriminal complaint filedArraignmentPreliminary Hearing or Grand Jury IndictmentPretrial motions and hearingsTrialSentencingAppeal

46. 10/20/10InjunctionsInadequate remedy exists at lawIrreparable harm

47. 10/20/10Summary Judgmentmaterial facts are not controvertedentitled to prevail as a matter of law

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

49. 10/20/10Legal Citationlast names of partiesKramer v. Kramername of case is underlined or italicizedvolume reporter page (year court)283 U.S. 697 (1931)Near v. Minnesota