JOURN 4000 1st Edition Lecture 1Outline of Last LectureOutline of Current LectureI. Sandra Hyde caseII. LA Times caseIII. History of British LawIV. Overview of US LawCurrent LectureSandra 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 lawThese 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 law2. 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’ passionPolicy:-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
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