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