B LAW 301 1 17 17 Primary and secondary sources of law o More primary authoritative o Ex US Constitution State vs Federal law o Federal Law applies everywhere within US Law o State Law applies within the states geographical boundaries just as powerful as federal law o If state and federal law conflict the federal law wins the state law is obliterated o State constitutions tend to be longer and detailed and more in depth than federal constitution o Ex Colorado state law makes marijuana legal under federal law it is illegal Under federal law Colorado s laws should be obliterated Federal drug laws are not enforced in Colorado according to Obama s Administration could change with change in President Administrative Law vs Statutory Law o Statutory passed by legislative branch o 29 TITLE USC section 212 SECTION called an identifier for a statute FEDERAL o State identifiers are different o STATUTES CONGRESS Special kind of statutory law uniform laws o Each state has its own laws most laws mirror each other o Late 1800s this was a problem regarding business because all states had different laws o Attorneys legal scholars business people etc began to draft model legislation o Wrote out laws hoped each state would adopt them ending in uniform laws among states o Uniform commercial code lays out rules governing all business transaction Agencies are official governmental bodies that regulate a specific industry created by congress Ex FDA o Given the power to right their own laws regulations o REGULATIONS AGENCIES o Regulations have the same power as statutes Case Law o Judge made law o When a judge looks at an issue and tries to set a standard or criteria to help settle future issue Secondary sources o No binding authority o Scholarly articles and analysis about the law Common law o Not necessarily written down just n know it is the law because it is the way things have always been done o Remedy at law you would get damages money o Remedy of equity when money isn t a solution 2 Injunction court order telling someone to stop doing what they re going Specific performance Precedent o A lower court must follow a federal precedent o Some instances a court may look at a case never looked at before first impression Decisions o No right or wrong way for judges to make decisions o IRAC issue rule analysis conclusion 1 19 17 Types of Law Substantive Law what you may and may not law 18 to vote Procedural Law the rules Framework we operate within during a course of a law suit o When used correctly it can turn litigation into a chess match Equally authoritative Civil Law money no one goes to jail worst case is that you pay money o Plaintiff vs Defendant Plaintiff sues complaining that defendant has wronged you Defends self from plaintiff accusations Liable or not liable Standard of proof preponderance of the evidence 3 Amount of evidence and amount of weight to prove guilty 51 more right Plaintiffs job to provide clear and convincing evidence to win case Criminal Law liberty can go to jail probation o Government vs Defendant Government brings on lawsuit Guilty or not guilty NG authority did not prove accusations Standard of proof beyond a reasonable doubt Plaintiff s job to produce clear and convincing evidence to win case Ex Government taking children away due to lousy parenting must have clear and convincing evidence To take away liberty beyond a reasonable doubt Courts In America o When you sue accusing of wrong doing that it can be righted through money o Neighbors one has chickens one has alligators one day 3 chickens and an alligator is missing Chicken owner sues the alligator owner What court is the lawsuit brought in State Trial Court Trial 1st time anyone has heard this case where trial occurs Courts of limited or general jurisdiction o Limited courts hearing certain cases o General any type of case 4 State dispute between neighbors local Witness would have to be qualified as an EXPERT in alligators If judge decides it will not help jury decide he will not allow witness Alligator owner can appeal jury s verdict if they side with chicken owner Makes appeal to appellate court o Does not hear whole case again only deals with LAW o Decides whether law was fairly applied at jury If alligator owner believes the jury is wrong due to not having all evidence that is a legal question whether certain evidence is allowed in Appellate court decides to take case alligators case is heard on appeal argue legal issues to 3 4 judges Alligator owner loses again AO can appeal again or right a check to CO This time he appeals to State Supreme Court o Operates same as appellate court just has some more authority o If SSC agrees with AC it is over o If SSC disagrees with AC case goes back to beginning has new trial Election day CO goes to vote Everyone knows him he knows all of them Forgets drivers license cant vote Brings a lawsuit challenging the new Voter ID law challenging his right to vote 5 o Federal trial court US District Court o Knoxville USDC eastern district o Mirrors state o After circuit goes to supreme court Don t appeal you petition for a writ of cert They will deny or grant your writ of cert If deny they may disagree but it may be the state court may be the LAW of the jurisdiction Only need approval from 4 of 9 justices o Judge decides question of law o Jury decides question of fact o Jurisdiction power to hear and decide a case Court must have jurisdiction over people or property in rem States an exercise jurisdiction over their residents AND non resident defendants due to long arm statute Allows states to exercise jur non residents under certain circumstances Court has jurisdiction over non resident If defendant has minimum contacts with forum statesuch that the defendant purposely availed himself of the rights and protections of the forum states laws and can reasonably expect to be brought into court there Corporation is a legal person o Long arm statutes apply 6 Gucci Case o Guy who is selling counterfeit Gucci wallets over internet Based in MN Gucci finds out hires a PI in CA to go online and buy a wallet PI in SF CA buys a wallet guy in MN ships it to CA PI says it is a counterfeit Gucci brings on a lawsuit of trademark infringement in CA MN guy s lawyers first line of defense CA court doesn t have jurisdiction over us has never even been to CA Is this true Does CA have jur o MN had no ads was just 74th hit on google BUT he knowingly received an order and packaged and sent the wallet Qualifies