6 questions Introduction to Law Classifications of law Business Law Study Guide Substantive creates defines and regulates parties rights duties and powers Procedural prescribes the steps or processes for enforcing the rights and duties defined by substantive law Criminal applies to acts that society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators Civil applies to legal matters not governed by criminal law and that protect rights and provide remedies for breaches of duties owed to others Sources of Law Common Law Body of law derived from court decisions as opposed to statutes or constitutions The U S legal system has a common law foundation the written laws passed by Congress and legislatures and the decisions of court cases Civil Law Codes of written laws or statutes apply primarily to all legal questions Many European countries have a civil law system However one U S state Louisiana bases law on the civil law system Hierachy of law Federal law trumps state law U S Constitution is highest then federal statutes then state constitutions then state laws Stare Decisis to stand by the decision Under stare decisis a court of competent jurisdiction has decided a controversy and has in a written opinion set forth the rule or principle which will be followed by the court in deciding subsequent cases involving the same issues Likewise subordinate courts in the same jurisdiction will be bound by the rule of law set forth in the decision Advantages 1 Certainty in the law 2 Equality in the law 3 Makes judicial decision making easier Res Judicata Doctrine which means the thing has been decided The matter is closed at the conclusion of the lawsuit between the parties themselves they cannot ask the same court to decide the issue again Conflicts of Law Conflicts of Law Body of legal principles used to determine the appropriate law to apply to a litigated case when more than one state is involved Torts Conflicts Rule Typically law of the state of injury applies Contracts Conflicts Rule Most states use the center of gravity rule applying the law of the state with the most significant relationship to the case HOWEVER businesses and individuals may contract around this default rule and agree on which state s law will apply if a dispute arises under the contract US is a common law system largely case driven Interpretation ambiguity of Lex Specialis Derogat Legi Generali The specific prevails over the general 6 questions The Court System Court System 6th and 7th Amendments of the U S Constitution guarantee the right of trial by jury in both criminal and civil cases Civil Cases Amount in controversy must exceed 20 Indictment A grand jury s finding that it has probable cause to believe there is sufficient evidence to require that the accused be tried and that informs the accused of the offense with which he or she is charged so the accused may prepare a defense Jury verdict usually must be unanimous Jury looks at facts Judges look at law appeal no jury in a appeal just judges look at the law jurisdiction small claims only cases up to 5 000 personal jurisdiction people need notice of a lawsuit 75 000 or more and complete diversity in parties then the defendant can remove it from state to federal for diversity jurisdiction 4 out of 9 of the jury for Supreme Court to hear the case Jurisdiction The court s power or authority to conduct trials and decide cases General Jurisdiction Courts have the power to hear almost any type of case o For example Circuit Civil Trial Courts Limited Jurisdiction Courts that are only allowed to hear certain types of cases o For example small claims courts generally have jurisdiction on controversies of 5 000 or less Some other states have specialized courts such as traffic courts Federal District Courts Criminal Actions crime is committed Civil Actions Original jurisdiction exclusive of the courts of the states over all federal crimes Accused is entitled to a trial by jury in the state and district where the District courts have jurisdiction only when the matter in controversy involves either diversity of citizenship that meets the jurisdictional amount exceeds 75 000 or involves a federal question Diversity of Citizenship Suits between citizens of different states a citizen of a state and a citizen of a foreign country and a state and citizen of another state where the amount in controversy exceeds 75 000 Defendant s Right to Removal Where diversity jurisdiction exists the defendant has the right to remove the case from state to federal court The burden would then shift to the Plaintiff to remand the case back to state court Corporations and Diversity Jurisdiction A corporation is considered a citizen both of the state where it is incorporated and the state in which it has its principal place of business Federal Question Jurisdiction No jurisdictional amount Federal question cases involve cases arising out of the U S Constitution or federal laws or tort cases involving citizens and officers agents of the federal government cases that involve cruise ships and police brutality are federal Substantive Law Procedural Law Federal Courts Federal Procedural Law Example Federal Rules of Civil Procedure In cases involving the U S Constitution treaties and federal statutes federal substantive law is used Federal courts use the substantive law including conflict of law principles of the state in which they are sitting Federal courts are bound by state precedent in diversity of citizenship cases U S Supreme Court and the Federal Appellate Courts U S Courts of Appeals U S Courts of Appeals review cases decided in the Federal District Courts Supreme Court reviews cases decided by the U S Courts of Appeals if it chooses to hear the cases which is called issuing a writ of certiorari 4 Justices must vote affirmatively to issue the writ Typically U S Supreme Court reviews thousands of petitions for a writ of certiorari annually and only grants approximately 100 per year Cases that typically go to the Supreme Court are issues that are substantially controversial Between state laws Only 4 out of the 9 have to agree to hear the case for it to go to Supreme Court Law and Equity 7 questions Litigation Part I Pretrial Parties Standing to Sue Trial Stage Plaintiff Defendant Third Party Defendant Appeal Stage Appellant Appellee Joinder Rule All persons may join in one lawsuit as plaintiffs if the cause of action arises out of the
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