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Sources of American Law
1) US constitution: supreme law. 2) STATUATORY LAW: aka black letter law. statutes or laws passed by Congress/legislatures. 3) CASE LAW: aka common law. court decisions. 4) ADMINISTRATIVE LAW: regulations created by regulatory agencies.
Supreme Source of Law
US constitution
Law
Set of rules we all have to abide by.
Stare Decisis
Let the decision stand, Stand on decided cases.
Branches of Government
Executive - carries out laws (president, cabinet, vice-president). Legislative - makes laws (Congress --> House, Senate). Judicial - evaluates/interprets laws (Supreme Court, Circuit Courts, District Courts).
Law vs. Ethics
LEGAL does not equal ETHICAL. Perfectly legal doesn't mean perfectly ethical.
Citizens United v. Federal Election Comm. (2010)
Controversial due to unlimited spending for campaigning and elections under the first amendment.
The Queen v. Dudley and Stephens (1884)
Case involving a shipwreck where killing the cabin boy to save 3 lives led to reduced sentencing.
False Claims Act / Whistleblower Statute
Allows private parties to sue companies for fraud on behalf of the government.
Utilitarianism
Ethical theory focusing on the greater good for society.
Duty Based Ethics
Deontological (duty-based) ethics that emphasize doing the right thing for its own sake.
Grimshaw V. Ford Motor co.
Case where Ford chose not to recall a defective product based on cost-benefit analysis.
Ethical Fundamentalists
Believe in seeking ethical guidelines from an external source or central figure.
Cost-Benefit Analysis in Corporations
Analyzing business decisions by summing benefits and subtracting costs.
Jurisdiction
Power of a particular court to hear a case and speak the law.
Dual Judicial System
Federal and State court systems.
Appeal
Requesting a higher court to reverse a legal ruling.
State Court
Handles non-federal level issues like property, misdemeanors, wills, and adoption.
Federal Court
Includes US Supreme Court, Court of Appeals, and District Courts dealing with constitutional or federal issues.
Trail Courts
Courts where cases are tried initially, not in appeals courts.
Intermediate Courts
Civil or criminal appeals courts hearing appeals from trial courts.
State Supreme Courts
Courts of last resort for state law issues.
Jurisdiction of the US Supreme Court
Hears appeals from federal circuit courts of appeals and highest state courts under special circumstances.
Cost-Benefit Analysis
Process analyzing business decisions by comparing benefits and costs.
Trial Courts
Courts where cases are initially tried, not appeals courts.
US Supreme Court Jurisdiction
Hears appeals from federal circuit courts and highest state courts.
Federal Question Cases
Cases arising under the US Constitution, treaties, or federal laws.
Diversity of Citizenship Cases
Lawsuits involving citizens of different states or countries.
Service of Process
Serving a summons to establish jurisdiction over a defendant.
Standing to Sue
Requirement for the plaintiff to have a stake in the lawsuit's outcome.
Zippo Mfg. Co. v. Zippo.com, Inc.
Case determining jurisdiction over out-of-state defendants in cyberspace.
Federal Judges vs. State Court Judges
Federal judges nominated by President, confirmed by Senate, hold office for life.
Long-Arm Statute
Allows a state court to assert jurisdiction over nonresidents.
Voir Dire
Process of questioning potential jurors to eliminate bias.
Discovery
Pre-trial process to gather information and evidence.
Mediation
Non-binding process to settle a case with a neutral party's help.
Arbitration
Binding process where an independent arbitrator makes a decision.
Statute of Limitations
Law requiring legal actions to begin within a specified time.
Litigation Process
Legal action taken against a lawbreaker, involving pleadings, discovery, etc.
Default Judgment
Automatic win for plaintiff if defendant fails to respond.
Summons/Complaint
Summons orders defendant to court; complaint initiates lawsuit.
Finder of Fact
Individual or group responsible for evaluating trial evidence and rendering a verdict.
