CHAPTER 1 INTRODUCTION TO LAW

precedent
a.k.a.

stare decisis

The Oculists Case (1329) Analyzing a case

Summary of facts ISSUES: Did the plaintiff bring the wrong type of suit? If the defendants care was defective, could he be liable to the plaintiff?
DECISION: What was the courts decision?

The Oculists Case (1329)

The doctrine of precedent, aka

stare decisis

The Oculists Case (1329)

Would this case have a different outcome today?

2012

Procedural Argument
Focuses on how a dispute should be resolved. Can affect outcome of case without ever reaching the merits of the case Example is statute of limitations. Example is whether certain evidence can be admitted (e.g., can a certain witness testify.

Federalism
U.S. Constitution:
Established national government with 3 branches Ensures that the states retain all power not given to the national government Guarantees many basic rights to the American people

We have TWO entire systems of government: THIS IS A

Federal government State government CONCEPT OF FEDERALISM

The Four Main Sources of Law

Federal and state constitutions Federal and state statutes Common law Administrative law

Two Other Sources of Law Treaties Executive Orders

Sources of Law
50 State Governments LEGISLATIVE BRANCH State legislature EXECUTIVE BRANCH Governor STATE COURTS Trial, state appellate, state supreme courts One Federal Government LEGISLATIVE BRANCH Congress EXECUTIVE BRANCH President FEDERAL COURTS District, Federal Appellate, Supreme Court

Criminal law v. Civil law Whats wrong with this sentence?:

The court found Sheila guilty of breaching the contract.

Civil vs. Criminal Law

The parties
Civil: Plaintiff and Defendant Criminal: Government and Defendant

The procedures The penalties

Civil: remedies e.g., damages, specific perf. Criminal: jail time and/or fines & restitution

The burden of proof

Civil: Preponderance of evidence Criminal: Beyond a reasonable doubt

Kuehn v. Pub Zone

Summary of facts

How did the lower court rule? Whats the issue? How did the appellate ct rule & why?

YOU BE THE JUDGE!

JAMES V. MEOW MEDIA
Summarize the facts.
How did the trial rule and why? Whats the main issue? VOTE Courts decision

Discussion