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legal system.ppt
- 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
- 9. US-Multijurisdictional Law 50 States, Municipalities, Counties, etc. Jury System Adversarial system of discovery Competition for the truth
- 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.
- 12. Executive Branch Enforcement, policing, and implementation of statutes. Runs prisons, police, FBI, etc.
- 13. Administrative agencies Handles complex codes Assists legislative and executive offices Examples are IRS, EEOC, DOT Have hearings and dispute resolution mechanisms.
- 14. Judicial Branch Criminal and civil systems Jurisdiction a recognized legal activity Also determines who decides
- 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