Chapter 1 Legal Systems

Maxims - Underlying principles of dispute resolution that reflect society’s attitude.These can be law and/or public policy in codified form, but are often unstated.

Legal system

State court system

Trial court

Civil cases Criminal cases

Commercial

casesFamily cases

Probate cases

Domestic matters

Appellate courts

Legal system

Federal court operates in every state (some states have several federal districts) to hear: Disputes between citizens of different

states Matters of federal law or U.S. constitution Bankruptcy, copyright, or admiralty cases 11 circuit courts oversee district courts Supreme court over all circuits

Legal system

Federal courts continuedtax cases and claims against the government are handled by a special district court

Administrative agencies have their own U.S. circuit court for appeals of rulings and decisions

Legal system

Definitions Jurisdiction- which court will render the

decision Plaintiff- party bringing the suit (always

the government in criminal cases) Defendant- alleged wrong doer Pleadings- facts and basis for the claim Discovery- interrogatories and

depositions of witnesses and review of written evidence

Maxims (contd.)

Mistakes are fixed, not exploitedRemedy is a right of the wrongedLiability is assigned to those

responsible“Clean hands doctrine”- act fairlyReasonableness standard (no

impossibilities)Efficiency is valued, waste is not

Maxims (contd.)

Substance is preferred over formBenefit and burden are co assignedRule must have a reasonRule and Reason should be uniformly

appliedIdle or useless acts are not required

Common Law System

Used by the U.S., Britain and former colonies

Basis for future interpretations provided by: Case Law Precedent Judge’s rulings

US-Multijurisdictional Law

50 States, Municipalities, Counties, etc.

Jury SystemAdversarial system of discoveryCompetition for the truth

Other Systems

Civil Law Used in France, Germany, most of

Europe, Japan Heavily codified and lots of regulation

Islamic Law Used in about 70 countries Directed by the teachings of the Koran

Legislative Branch

Makes laws and passes statutesStatutes aggregated into codes

Building codes, commercial code, etc.

Executive Branch

Enforcement, policing, and implementation of statutes.

Runs prisons, police, FBI, etc.

Administrative agencies

Handles complex codesAssists legislative and executive

officesExamples are IRS, EEOC, DOTHave hearings and dispute resolution

mechanisms.

Judicial Branch

Criminal and civil systemsJurisdiction a recognized legal

activityAlso determines who decides

Types of Law

Constitutional Law: Core principlesStatutes: Passed by legislature Administrative Regulations: Adopted

by agenciesCase Law: Established by

precedence

Issues of Fact vs. Law

Issues of Fact Discovery and testimony Parties cannot agree Most important part of a claim

Issues of Law Judges and arbitrators interpret law

Criminal vs. Civil Law

Criminal Law Prevent and punish crimes Government always the prosecutor

Civil Law Rights and duties of individuals towards

one another Damages awarded, not punishment

(except for torts)

Contract vs. Tort

Contract Voluntary duties Promise for performance and payment

Tort Duties imposed by law Reasonableness standard Implicit duties McDonald’s coffee example

Application & Logic

Rules are consistent with social norms someone pays everything costs there will be free riders rules need interpretation (justice) denial is expected evidence can lead to truth (Western ideal) law is socially evolving

Application & Logic

Rules and social norms cont. system must render a decision (no ties) fact are evidence are the basis of justice assumptions are irrelevant evidence is weighted (2 sides tell stories) cost follows benefit winning is the goal protection of individual (U.S. most

individual)

Logic of Legal Argument

Argument- structure of the facts which leads to irrefutable conclusion

Argument is only true when premises are proved

Premises used to frame issue and draw conclusion

Issues can be legal, social, ethical, technical, etc.

Logic cont.

Issues requires resolution Premise 1 (requires support) Premise 2 (requires support Premise p (requires support) Irrefutable conclusion- short and clear

“guilty” Proving the premise is the key to

winning the argument

Legal arguments and briefs

Components of legal arguments Facts (most important part) Issues (question under consideration) Rules (laws, constitution, statute,

precedent) Premises (simple premise, implied

premise) Answer (logical deduction from premises)

Legal arguments and briefs

Process of building a legal argument determine the issue outline the facts (discovery) research rules and laws prepare premises by applying facts to issue draw conclusion test conclusion (is opposite answer

obviously wrong, are premises clear, is the rule right)

Legal arguments and briefs

Hints make sure facts are relevant and logic

is sound or the argument will not stand get to the point start sentences with nouns simplify sentences and write clearly organize argument along FIRPA

framework

Legal briefs

Name of case and parties involvedProcedural posture (where is it?)FIRPA argumentDisposition (remand, uphold,

overrule,etc.)

Law Ethics and Morality

International ethics is very complicated Foreign Corrupt Practice Act- illegal to bribe

foreign officials, but bribes can be hard to define Extraterritoriality- laws in one country are

applied to citizens of another Home and Host- companies must obey the laws

of the home country and the laws of the host country- can cause conflicts

Western ethics value the individual and their role in promoting the “good society” more than most other cultures