Jody Blanke, ProfessorComputer Information Systems and Law

Mercer University, Atlanta

Sources of LawConstitutional Law

Constitutional LawFederal (U.S.) Constitution

With a “capital C”Provides framework for government

Article I – Legislative Branch Article II – Executive Branch Article III – Judiciary Branch

Provides for individual rights Bill of Rights (first 10 amendments)

State Constitutions

Sources of LawConstitutional LawStatutory Law

Statutory LawCongress

SenateHouse of RepresentativesAuthorized by Constitution

Enumerated Powers ClauseState Legislatures

Mostly bicameralCodification of common law

Sources of LawConstitutional LawStatutory LawCase Law

Case LawFederal Courts

Supreme CourtCircuit Courts of Appeal

11 geographic, plus D.C. and Federal circuitsDistrict Courts

94, at least 1 in each state

State Courts50 different systems

Sources of LawConstitutional LawStatutory LawCase LawAdministrative Law

Administrative LawFederal Agencies

Authority from ConstitutionEnabled by CongressProvide needed personpower and expertiseLegislative, executive and judiciary power“Fourth Branch” – “We the People”?

State AgenciesSimilar to federal

Sources of LawConstitutional LawStatutory LawCase LawAdministrative LawOther

OtherProclamationsOrdersTreaties

The Law EvolvesLaws must change as society changesEx. Plessy v. Ferguson (1897)

“Civil War” Amendments14th Amendment

Brown v. Board of Education (1954)14th Amendment

The Law EvolvesEx. Physician Assisted SuicideRight to refuse treatmentKaren Anne QuinlanLiving willsNancy CruzanDr. KevorkianOregon’s Death with Dignity ActWashington v. Glucksberg and Quill v. Vacco

(1997) S. Court referred to Oregon and the “laboratory of the states”

Washington (2009), Vermont (2013), Montana

The Law (Usually) Makes SenseMcDonald’s and the Hot Cup of Coffee

Hot Coffee – The Movie

Federal Court System

Federal Court System (cont.)

Federal Court System (cont.)Supreme Court

appellate and original jurisdiction

Courts of Appeal11 geographically divided courts (plus 2

specialty courts)appellate jurisdiction only

District Courts94 courts (1 to 4 per state)original jurisdiction only

Federal District CourtCriminal CasesCivil Cases

Federal Question JurisdictionDiversity Jurisdiction

complete diversity of the parties amount in controversy greater than $75,000

State Court Systems50 different systemsSimilar to federal

“triangular” in shapemany courts with limited jurisdiction

GeorgiaSupreme CourtCourt of AppealsSuperior Court

“highest of the low-level courts”Lots of low-level courts

Georgia Court System

AppealsGenerally, questions of law are appealed,

questions of fact are notU.S. Supreme Court

Must petition for a writ of certiorari“Rule of Four”8,000 requests per year – 80 granted

Burden of ProofCriminal case

“beyond a reasonable doubt”burden on prosecution, i.e., state

Civil case“by a preponderance of the evidence”, i.e.,

more likely than notburden on party making the claim, usually the

plaintiff

Ex. O.J. Simpson; Hans Kraus; Andrea Sneiderman

JurisdictionOriginal (trial) jurisdictionAppellate jurisdictionSubject matter jurisdictionPersonal jurisdiction

Personal JurisdictionPhysical presence in stateInternational Shoe (1945)

Required sufficient “minimum contacts”Such that jurisdiction would not offend

“traditional notions of fair play and substantial justice”

State “Long arm” statutesTransaction of business in the stateCommission of a tortious act in the stateOwnership of real property in the state

Personal Jurisdiction and the InternetCompuServe v. Patterson (1996)

Jurisdiction proper – “purposeful availment”Bensusan Restaurant v. King (1997)

No jurisdiction – tortious act requires physical presence

Zippo Manuf. V. Zippo Dot Com (1997)Adopted “sliding scale” test with three points

Clearly does business over Internet, e.g., CompuServe “Passive” Web sites, e.g., Bensusan Middle ground – must determine level of activity

eBay cases – “single sale” doctrine