Introduction to STC 381
Why study Law, just hire a lawyer!
How to find a good lawyer
Look under a rock? [I know that you were
TV or print ad?
Law vs. Morality
Law vs. Morality vs. Ethics
Soldano v. O’Daniels
What’s wrongful death?
Why not legislate morality?
Globalization of the law:
Yahoo! v. La Lingue…
Common Law vs. Statutory Law
Courts & Remedies at law
Courts of Equity
Stare Decisis: “to stand on decided
Edwards v. Clinton Valley Center
Flagiello v. Pa. Hospital
What if there is no precedent?
What is Public Policy?
Sources of American Law
State vs. Federal System
Who interprets statutory law?
How to interpret?
Plain Meaning Rule
TVA v. Hill
Bedroc v. US
Sources of American Law
Common Law: cases
Civil vs. Criminal Law
Authority of a court to make a binding
Personal: over the defendant
Subject matter: over the type of case
Subject Matter Jurisdiction
Federal Courts: limited by the
Constitution—exclusive over bankruptcy,
immigration, patents, copyrights and
State Courts: exclusive jurisdiction over
family law, probate, and divorce—
everything else is concurrent w/ federal
Federal Subject Matter
Federal Question: federal statute,
Constitution or treaty, or
Diversity of Citizenship: citizens of
different states and must be controversy of
at least $75,000
Jurisdiction over the parties in the case
Due Process Constraints—fairness
World Wide Volkswagen v. Woodson
Long-arm Statute: jurisdiction over non-
D must have “purposely availed him/herself of
benefits of the forum state by establishing „minimum
contacts‟ with the forum state.”
Contract: look at place of transaction and place of
Doing Ongoing Business: cause of action must be somehow
related to the business
Must not offend “traditional notions of fair play and
In re Crash Disaster of Gander
Judas Priest v. Second Judicial District
American Type Culture Collection, Inc. v.
Angelou v. African Overseas Union
Distinguish Types of Web Pages
Providing for commercial transactions
Zippo Manufacturing v. Zippo Dot Com,
Bensusan Restaurant v. King
Hasbro, Inc. v. Clue Computing
California Software v. Reliability Research,
Naxos Resources v. Southan
Archdiocese of St. Louis v. Internet
Pavlovich v. Superior Court of Santa Clara
Schwarzenegger v. Fred Martin Motor Co.
Litigation and ADR
Motion to Dismiss
Forsythe v. Hales
Rowe Entertainment v. William Morris
Presentation of Evidence
Motion for Directed Verdict
Riley v. Willis
Beebe-Owen v. Western Ohio Pizza
SEC v. Ginsburg
Circuit City v. Adams