Business Law 290What is law?

Where does “law” come fromThree traditional sources:

Force

Religion

Communal Needs

This belief is a form of Legal Realism as discussed in your book.

Types of Laws in U.S.Constitutional Law

Statutory Law

Common Law

Contract Law

Constitutional LawCompact of Society

Supreme Law of Land

Supreme Court has final say: in theory

More on this later

Statutory LawLaws enacted by legislative body

Federal level: Congress

State level: Georgia Legislature

Local level: County Commission or City Council

Administrative Law is where the legislative body has assigned their authority to parts of the executive branch

An aside: The three legged stool

Article 1 of the Constitution: Congress

Article II of the Constitution: President

Article III of the Constitution: Courts

Common LawCourts make law by rendering rulings---judge made law

Two types:

Law: court interpretations of Constitutional, Statutory and Contract Law

Equity: notions of justice and fair play

MUST BE NO remedy provided by law

Remedies in EquityThe “law” (i.e. constitutional, statutory, or contract) provide no remedy

There is an unfairness to what is happening

The party harmed has done no wrong: has clean hands and must have treated others fairly

The party seeking help must have been diligent, otherwise Laches applies

Laches: doctrine in equity that equity will not help if the harmed party was not vigilant

Precedent and Stare DecisisStare Decisis: to stand upon the established case law

Case Law: Appellate Court Decisions are Reported

Binding Authority: The precedent is set by a higher court

A Georgia Supreme Court’s interpretation of a Georgia Statute is binding authority on a Georgia Superior Court

Federal System

State System

Court Systems

Federal SystemCreated by Article III of the Constitution

Congress really could change the Court system

Supreme Court---the only defined court

Judges serve for good behavior

Federal CourtsSupreme Court

Circuit Courts of Appeal

District Courts

Bankruptcy Courts

Special Federal Courts (Tax, Trade, Claims)

State Courts (Georgia is example)

Supreme Court

Court of Appeals

Superior Courts

State Courts

Magistrate Courts

Probate Courts

City Courts

JurisdictionSubject Matter Jurisdiction: the Court has authority to hear the case (or is the Court a Court of Limited Jurisdiction)

Personal Jurisdiction: the Court has authority over the party or the property

Original/Appellate Jurisdiction: Trier of Fact (Original) vs. review the proceedings below (Appellate)

Venue: is the Court the best location for the trial

Criminal: where the crime occurred

Civil: where the Defendant resides

Federal Court’s Limited Jurisdiction

Federal Question: Cause of Action is based in Federal law

U.S. Constitution, USCA, treaty, federal regulations

Diversity of Citizenship

Complete Diversity of Citizenship between Plaintiffs and Defendants

controversy must involve more than $75,000

Removal: taking a case out of State Court because of Diversity

A Court Case:Complaint: You done me wrong Song

Summons and Service

Answer and Defenses

Discovery

Deposition

Interrogators

Request for Documents/Admissions

A Court Case Cont.:Pre-trial Motions

Mediation

Trial

Post Trial motions

Appeal

Enforcing the Judgment

Finding the LawCodification of Statutory Law: (OCGA and USCA)

Reported Case Law

Index, Digest and Online Research of Law