Chapter 1 Legal Systems
Maxims - Underlying principles of dispute resolution that reflect society’s attitude.These can be law and/or public policy in codified form, but are often unstated.
Legal system
State court system
Trial court
Civil cases Criminal cases
Commercial
casesFamily cases
Probate cases
Domestic matters
Appellate courts
Legal system
Federal court operates in every state (some states have several federal districts) to hear: Disputes between citizens of different
states Matters of federal law or U.S. constitution Bankruptcy, copyright, or admiralty cases 11 circuit courts oversee district courts Supreme court over all circuits
Legal system
Federal courts continuedtax cases and claims against the government are handled by a special district court
Administrative agencies have their own U.S. circuit court for appeals of rulings and decisions
Legal system
Definitions Jurisdiction- which court will render the
decision Plaintiff- party bringing the suit (always
the government in criminal cases) Defendant- alleged wrong doer Pleadings- facts and basis for the claim Discovery- interrogatories and
depositions of witnesses and review of written evidence
Maxims (contd.)
Mistakes are fixed, not exploitedRemedy is a right of the wrongedLiability is assigned to those
responsible“Clean hands doctrine”- act fairlyReasonableness standard (no
impossibilities)Efficiency is valued, waste is not
Maxims (contd.)
Substance is preferred over formBenefit and burden are co assignedRule must have a reasonRule and Reason should be uniformly
appliedIdle or useless acts are not required
Common Law System
Used by the U.S., Britain and former colonies
Basis for future interpretations provided by: Case Law Precedent Judge’s rulings
US-Multijurisdictional Law
50 States, Municipalities, Counties, etc.
Jury SystemAdversarial system of discoveryCompetition for the truth
Other Systems
Civil Law Used in France, Germany, most of
Europe, Japan Heavily codified and lots of regulation
Islamic Law Used in about 70 countries Directed by the teachings of the Koran
Legislative Branch
Makes laws and passes statutesStatutes aggregated into codes
Building codes, commercial code, etc.
Executive Branch
Enforcement, policing, and implementation of statutes.
Runs prisons, police, FBI, etc.
Administrative agencies
Handles complex codesAssists legislative and executive
officesExamples are IRS, EEOC, DOTHave hearings and dispute resolution
mechanisms.
Judicial Branch
Criminal and civil systemsJurisdiction a recognized legal
activityAlso determines who decides
Types of Law
Constitutional Law: Core principlesStatutes: Passed by legislature Administrative Regulations: Adopted
by agenciesCase Law: Established by
precedence
Issues of Fact vs. Law
Issues of Fact Discovery and testimony Parties cannot agree Most important part of a claim
Issues of Law Judges and arbitrators interpret law
Criminal vs. Civil Law
Criminal Law Prevent and punish crimes Government always the prosecutor
Civil Law Rights and duties of individuals towards
one another Damages awarded, not punishment
(except for torts)
Contract vs. Tort
Contract Voluntary duties Promise for performance and payment
Tort Duties imposed by law Reasonableness standard Implicit duties McDonald’s coffee example
Application & Logic
Rules are consistent with social norms someone pays everything costs there will be free riders rules need interpretation (justice) denial is expected evidence can lead to truth (Western ideal) law is socially evolving
Application & Logic
Rules and social norms cont. system must render a decision (no ties) fact are evidence are the basis of justice assumptions are irrelevant evidence is weighted (2 sides tell stories) cost follows benefit winning is the goal protection of individual (U.S. most
individual)
Logic of Legal Argument
Argument- structure of the facts which leads to irrefutable conclusion
Argument is only true when premises are proved
Premises used to frame issue and draw conclusion
Issues can be legal, social, ethical, technical, etc.
Logic cont.
Issues requires resolution Premise 1 (requires support) Premise 2 (requires support Premise p (requires support) Irrefutable conclusion- short and clear
“guilty” Proving the premise is the key to
winning the argument
Legal arguments and briefs
Components of legal arguments Facts (most important part) Issues (question under consideration) Rules (laws, constitution, statute,
precedent) Premises (simple premise, implied
premise) Answer (logical deduction from premises)
Legal arguments and briefs
Process of building a legal argument determine the issue outline the facts (discovery) research rules and laws prepare premises by applying facts to issue draw conclusion test conclusion (is opposite answer
obviously wrong, are premises clear, is the rule right)
Legal arguments and briefs
Hints make sure facts are relevant and logic
is sound or the argument will not stand get to the point start sentences with nouns simplify sentences and write clearly organize argument along FIRPA
framework
Legal briefs
Name of case and parties involvedProcedural posture (where is it?)FIRPA argumentDisposition (remand, uphold,
overrule,etc.)
Law Ethics and Morality
International ethics is very complicated Foreign Corrupt Practice Act- illegal to bribe
foreign officials, but bribes can be hard to define Extraterritoriality- laws in one country are
applied to citizens of another Home and Host- companies must obey the laws
of the home country and the laws of the host country- can cause conflicts
Western ethics value the individual and their role in promoting the “good society” more than most other cultures