Legal Heritage & the Digital Age Notes

What is Law?

• Law consists of rules regulating conduct, protecting individuals and property, and forbidding undesirable activities.

• It is a body of rules prescribed by a controlling authority, obeyed by citizens, and subject to sanctions.

Functions of the Law

• Keeping the peace: Preventing violence and resolving disputes.

• Shaping moral standards: Reflecting societal values.

• Promoting social justice: Ensuring fairness.

• Maintaining the status quo: Preserving existing norms.

• Facilitating orderly change: Enabling societal evolution.

• Facilitating planning: Providing a stable framework for decisions.

• Providing a basis for compromise: Offering conflict resolution mechanisms.

• Maximizing individual freedom: Protecting individual rights.

Qualities of the Law

• Fairness: Ensuring impartiality and equal treatment.

• Flexibility: Adapting to changing conditions, exemplified by Brown v. Board of Education.

Schools of Jurisprudential Thought

• Natural Law: Law based on inherent moral principles.

• Historical School: Law as an aggregate of social traditions.

• Analytical School: Law shaped by logic.

• Sociological School: Law as a means of achieving sociological goals.

• Command School: Law enforced by the ruling party.

• Critical Legal Studies: Legal rules maintain the status quo and are unnecessary.

• Law and Economics School: Promoting market efficiency through legal decisions.

History of American Law

• Adopted English system of law, forming the basis for American common law.

English Common Law

• Developed by judges through opinions, creating precedent for similar cases.

• Law Courts: Uniform system with monetary damages.

• Courts of Chancery: Equitable remedies tailored to situations.

• Merchant Courts: Solved commercial disputes based on trade practices.

Sources of Law in the United States

• Constitutions: Supreme law; federal and state.

• Treaties: Agreements with foreign governments; part of supreme law.

• Federal Statutes: Laws enacted by Congress.

• State Statutes: Laws enacted by state legislatures.

• Ordinances: Laws enacted by local government bodies.

• Executive Orders: Directives issued by the president and governors.

• Regulations and Orders of Administrative Agencies: Rules to interpret statutes.

• Judicial Decisions: Court rulings; doctrine of Stare Decisis.

Priority of Law in the United States

• U.S. Constitution and treaties > federal statutes > federal regulations > state constitutions > state statutes > state regulations > local laws.

Digital Law

• Existing laws applied to the digital environment; new federal statutes enacted.

Critical Legal Thinking

• Investigating, analyzing, and interpreting information to solve legal issues.

• Socratic method: Interactive Q&A.

• IRAC Method: Issue, Rule, Analysis, Conclusion.

Major Court Systems in the United States

• Federal court system and state court systems.

State Court Systems

• Limited-Jurisdiction Trial Courts: Specialized matters; decisions appealable.

• General-Jurisdiction Trial Courts: Hear cases outside limited jurisdiction; decisions appealable.

• Intermediate Appellate Courts: Review trial court records; decisions appealable.

• Highest State Court: Hears appeals; decisions final unless federal law error.

Federal Court System

• Special Federal Courts: Limited jurisdiction (e.g., U.S. Tax Court).

• U.S. District Courts: Trial courts of general jurisdiction.

• U.S. Courts of Appeals: Intermediate appellate courts; 13 circuits.

U.S. Courts of Appeals - Review Process

• Review lower court records, three-judge panel, en banc review.

Supreme Court of the United States Jurisdiction

• Hears appeals from various courts; decisions final.

Jurisdiction of Federal Courts

• Federal Question Cases: Arising under Constitution, treaties, federal laws.

• Diversity of Citizenship: Citizens of different states; amount > 75,000.

• Exclusive Jurisdiction: Federal crimes, antitrust, bankruptcy, etc.

Jurisdiction of State Courts

• Hear cases federal courts lack jurisdiction over.

• Concurrent jurisdiction: Diversity of citizenship and federal questions.

Full Faith and Credit Clause

• Judgments of one state must be respected in another (V.L. v. E.L.).

Standing to Sue and Jurisdiction

• Standing: Plaintiff's stake in outcome.

• In Personam Jurisdiction: Court's jurisdiction over a person.

• Service of Process: Summons served to obtain jurisdiction.

• A corporation is subject to personal jurisdiction in the state where it is incorporated, has a principal office, or does business.

• Long-Arm Statute: Extends jurisdiction to nonresidents; must satisfy Due Process (International Shoe).

In Rem and Quasi In Rem Jurisdiction

• In rem: Jurisdiction over property.

• Quasi in rem: Attaching property in another state to collect judgment.

Venue

• Lawsuits heard in nearby jurisdiction.

• Change of venue: To avoid prejudiced jurors.

Forum-Selection and Choice-of-Law Clauses

• Forum-selection: Designates court.

• Choice-of-law: Designates applicable law (Carter’s of New Bedford v. Nike).

Jurisdiction in Cyberspace

• Zippo Manufacturing v. Zippo Dot Com established test for website jurisdiction.

The functions of law in American society are multifaceted, serving to maintain order, reflect societal values, and ensure a degree of predictability for its citizens. One primary function is keeping the peace by preventing violence and resolving disputes through legal mechanisms like courts and mediation. For example, criminal laws such as those against assault and theft are in place to protect individuals and property, ensuring a safe environment.

Law also shapes moral standards by reflecting what a society deems right or wrong. Laws against discrimination, for instance, promote social justice and equality, aligning with evolving societal values. Moreover, law facilitates orderly change by providing a framework for societal evolution. The legalization of same-sex marriage is a prime example of how law can adapt to changing social norms, ensuring fairness and equal rights for all citizens.

Additionally, law provides a stable basis for planning by enabling individuals and businesses to predict the outcomes of certain actions. Contract law, for instance, allows parties to enter into agreements with the assurance that they are legally binding and enforceable. This predictability is crucial for economic stability and growth. Laws in the United States come from various sources, including constitutions (federal and state), statutes enacted by Congress and state legislatures, and judicial decisions that interpret these laws. These sources work together to create a comprehensive legal framework that governs various aspects of life in the United States.