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

One Federal Government

LEGISLATIVE BRANCH
Congress

EXECUTIVE BRANCH
Governor

EXECUTIVE BRANCH
President

STATE COURTS
Trial, state appellate, state
supreme courts

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