JOURN 4000 1st Edition Lecture 1 Outline of Last Lecture Outline of Current Lecture I Sandra Hyde case II III IV LA Times case History of British Law Overview of US Law Current Lecture Sandra Hyde case Started in Columbia MO 1st negligence law case in the USA foreseeable risk of harm 1980 attacked but escaped Name and number published in the paper Stalked by attacker Sues city of Columbia the Tribune and the Missourian Reductio ad absurdum Name address of victim while assailant is still at large is not public record 1988 LA woman finds roommate being raped and murdered at apartment LA Times intern found woman s name on roommate s coroner s report Published the woman sued Inculpatory exculpatory US law has roots in British law These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute First treatise Glanvill 1187 13 century King Henry II created national court system Judges of king s courts presided over jury cases Circuit judges rode around countryside to hear cases Judges created common law 14th Century Dual court system Chancellor s courts no juries Dual system affects law today Libel Jury case Prior restraint No jury William Blackstone Commentaries on the Laws of England 1765 69 Sources of law 1 Judge made law common law 2 Legislative law statutes and constitutions 3 Bureaucracy made law administrative law Stare decisis doctrine that precedents should be followed Precedents earlier court decisions the holding actual decision in the case sets precedent Dicta collateral unnecessary statements in cases Shows courts passion Policy Behind appointments Strict constructionists conservative Judicial activists liberals Precedents persuasive and binding Only trial courts hear testimony Courts on same level do not bind each other Lower federal courts do not bind state courts not even on questions of federal law Appellate courts work from cold records Interplay between federal and state systems US Supreme Court binds every court US Supreme Court only hears cases involving federal laws Federal law 1 US Constitution 2 treaties 3 statutes passed by Congress State law law of everyday life State courts bind federal courts on manners of state law State judges make common law judge made law which is constantly created Federal judges can t make common law Double jeopardy doesn t apply if prosecuted by state and federal governments There is no federal common law Supreme Court only hears cases with sufficient and general significance Do federal courts hear cases involving state laws Yes diversity cases
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