Docstoc

Introduction to STC 381

Document Sample
Introduction to STC 381 Powered By Docstoc
					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
        thinking this]
       TV or print ad?
       Yellow pages?
       Board Certified?
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
    cases”
       Edwards v. Clinton Valley Center
       Flagiello v. Pa. Hospital
Public Policy
   What if there is no precedent?

   What is Public Policy?

    Examples??
Sources of American Law
   Constitution
   Statutory Law
       State vs. Federal System
       Who interprets statutory law?
       How to interpret?
          Plain Meaning Rule
          Legislative History
                TVA v. Hill
                Bedroc v. US
Sources of American Law
   Common Law: cases

   Administrative Law

   Civil vs. Criminal Law
Jurisdiction
   Authority of a court to make a binding
    decision
   2 types
       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
    federal crimes
   State Courts: exclusive jurisdiction over
    family law, probate, and divorce—
    everything else is concurrent w/ federal
    courts
Federal Subject Matter
Jurisdiction
   Federal Question: federal statute,
    Constitution or treaty, or

   Diversity of Citizenship: citizens of
    different states and must be controversy of
    at least $75,000
Personal Jurisdiction
   Jurisdiction over the parties in the case

       Due Process Constraints—fairness
         “minimum contacts”
         World Wide Volkswagen v. Woodson

       Residence
         Person:
         Corporation?
Personal Jurisdiction
   Long-arm Statute: jurisdiction over non-
    residents
       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
             performance
            Doing Ongoing Business: cause of action must be somehow
             related to the business
            Must not offend “traditional notions of fair play and
             substantial justice”
Jurisdiction Examples
   In re Crash Disaster of Gander
    Newfoundland
   Judas Priest v. Second Judicial District
    Court
   American Type Culture Collection, Inc. v.
    Coleman
   Angelou v. African Overseas Union
Internet Jurisdiction
   Risks?
   Distinguish Types of Web Pages
       Passive
       Some interaction
       Providing for commercial transactions
Internet Jurisdiction
   Zippo Manufacturing v. Zippo Dot Com,
    Inc.
   Compuserve v.Patterson
   Bensusan Restaurant v. King
   Hasbro, Inc. v. Clue Computing
“Effects Test”
   California Software v. Reliability Research,
    Inc.
   Naxos Resources v. Southan
   Archdiocese of St. Louis v. Internet
    Entertainment Group
   Pavlovich v. Superior Court of Santa Clara
    County
   Schwarzenegger v. Fred Martin Motor Co.
Litigation and ADR
   Litigation
       Pretrial Proceedings
          Complaint
          Answer

          Counterclaim

          Reply

       Motion to Dismiss
Litigation
   Discovery
       Depositions
       Interrogatories
            Forsythe v. Hales
       Electronic Discovery
            Rowe Entertainment v. William Morris
Litigation
   Summary Judgment
   Trial Proceedings
       Voir dire
       Opening statements
       Presentation of Evidence
       Motion for Directed Verdict
       Jury Instructions
Litigation
   Riley v. Willis
   Beebe-Owen v. Western Ohio Pizza

   Appeals
       SEC v. Ginsburg
ADR
   Negotiated Settlement

   Arbitration
       Circuit City v. Adams
   Mediation
   SJT

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:28
posted:6/23/2011
language:English
pages:20