CAE 4861 Lesson 1

Chapter 1: Introduction to Construction Law

  • Welcome and Overview

    • Introduction to Lesson 1: Overview of the American Legal System in a construction context.

    • Encouragement to ask questions about the material.

    • Comparison to previously learned civics material.

Sources of Law in the United States

  • Importance of understanding different sources of law to avoid legal consequences (court, fines, jail).

US Constitution

  • Governs federal law in the United States.

  • Delegates enumerated powers to the government, primarily to Congress (e.g., Article 1 Section 8).

    • Powers include:

      • Levying taxes

      • Regulating interstate commerce

  • Structure outlined in the first three articles:

    • Executive Branch (Article 2): The President

    • Judicial Branch (Article 3): The Court System

    • Checks and Balances: Prevents any branch from becoming too powerful.

  • Tenth Amendment: Limits federal power, stating powers not delegated to the U.S. or prohibited by it are reserved for states or people.

  • Importance of state law in contract regulation and building codes.

Legislation

  • Legislative branch (Congress) creates enforceable laws.

  • Example: Occupational Safety and Health Act of 1970 regulates workplace safety, justified by powers to regulate interstate commerce.

Administrative Agencies

  • Agencies like the Environmental Protection Agency (EPA) create rules/regulations with the force of law.

  • Examples include the Department of Labor, overseeing workplace safety regulations.

  • Controversial role of administrative agencies in performing legislative functions.

Common Law

  • Evolved from judicial interpretations of disputes related to existing laws.

  • Previous court decisions set precedents for future cases in construction and engineering contexts.

Contracts

  • Legally binding agreements; enforceable in court

    • Governed primarily by state law.

    • Uniform Commercial Code covers commercial transactions.

Federal Government Structure

  • Three Branches:

    • Executive Branch: President; control over administrative agencies.

    • Legislative Branch: Congress (House and Senate); responsible for making laws.

    • Judicial Branch: U.S. Supreme Court and lower federal courts.

Chapter 3: Federal Court System

  • Types of Courts: Limited jurisdiction (e.g., municipal courts) vs. General jurisdiction (circuit/trial courts).

  • Federal courts have jurisdiction over federal issues and disputes between diverse state citizens.

  • Federal Court Structure:

    • District Courts: Entry point for federal claims (e.g., Wisconsin has two).

    • Circuit Courts of Appeal: Hear appeals from district courts.

    • U.S. Supreme Court: Highest authority with justices serving lifetime terms.

Chapter 4: Federal Court Level

  • Distinction between subject matter jurisdiction and personal jurisdiction.

  • Remedies available in civil cases: monetary damages (law) vs. injunctions (equity).

Chapter 5: A Federal Court

  • Jurisdiction Considerations:

    • Jurisdiction over the person and subject matter.

    • Long Arm Statutes: Extend jurisdiction beyond state lines under specific conditions (e.g., diversity of citizenship cases).

Chapter 6: Conclusion

  • Statutes of Limitations vs. Statutes of Repose:

    • Statute of Limitations: Time limit to file legal claims after injury discovery.

    • Statute of Repose: Time limit related to the completion of an act, regardless of discovery.

  • Significance of understanding these statutes in construction liability contexts.

  • Overview of litigation process topics for future discussion.