Understanding the Legal System: Law, Constitutions, and Administrative Agencies - Prof. Ce, Study notes of Business and Labour Law

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Chapter 1 - Law is single most important influence in your daily life - Ignorance of the law doesn’t protect you from the law - Law- Consist of the body of principles that government conduct and can be enforced by courts or by administrative agencies - John Locke “Where there is no law, there is no freedom.” - It is the law that makes you safe at night -Law brings order Rules that Regulate Conduct -Business Law- Enforceable rules of conduct that govern commercial relationships - Law can be described as: 1) Rights and duties 2) Source 3) Classifications -“Rights”- Legal capacity to require another person to act or reframe from acting -“Duties”- Obligation to act or reframe from acting - Rights come from sources of laws - Where someone has right someone has a corresponding duty Amendments / Rights - Our Individual Rights flow from the Constitution, mainly from the Bill of Rights -1st Amendment- Freedom of assembly, speech, religion and press - 2nd Amendment- Right to bear arms -3rd Amendment- quartering troops -4th Amendment- Protection from unreasonable searches and secures, also requires probable cause, search and arrest warrants  The right of privacy -5th Amendment- Requirement for due process of law. Guarantees that our case will be heard by a grand jury  Right to remain silent  Property cannot be taken without compensation (Eminent Domain) -6th Amendment-  Right to an attorney to advise you and know the charges against you.  Right to a speedy trial and a jury of your piers  Right to call a witnesses on your behalf  You have the right to confront the witness against you -7th Amendment- Guarantees jury in civil cases $35 or more -8th Amendment- Protects us from excessive fines, protection from curial and unusual punishment -9th Amendment- Reserves all other rights to the people -10th Amendment- Reserves rights to the states -14th Amendment- Contains the equal protection guarantee, also contains a due process clause (Know 4,5,6,8 & 14) Constitution - Rights in the constitution are called Expressed Rights -Rights that have been interpreted by the courts are called Implied Rights - Constitutional rights cannot be restricted or taken away. They can be expanded but not restricted Privacy -Private Law- Law between individuals Chapter 2 Court System and Dispute Resolution - Court is and impartial tribunal, it is an impartial decision maker -Court- Impartial tribunal established by government to hear and decide the cases brought before it and provides remedies when wrongs are committed - “Jurisdiction” is a main way to decide which court you go to. The power of a court to hear a case and render a binding decision Different Types of Jurisdiction 1. Subject Matter- Power of courts to hear certain cases. According to what the case is about 2. Original Jurisdiction – Where the case must be heard/ originate….usually trial courts 3. Generally Jurisdiction- The court can hear more than one type of case 4. Specific/ Limited Jurisdiction- Certain courts can only hear certain cause, tax courts, marriage courts, youth courts, etc…  Not exclusive 5. Personal Jurisdiction- Jurisdiction over the parties -Due Process- Notice of the proceedings and the right to be heard  If you are the plaintiff you submit yourself to the court  The defendant’s jurisdiction is gained by Services of Process 6. Personam Jurisdiction- Based on minimum contact, that defendant must have some actual contact with their state.  Minimum contacts test must be met to gain jurisdiction -Venue- Is the proper court in the proper place, can be waved/changed - An automobile accident can change venue, even if drivers are from different states, deals with fair trial Structure of Court System Federal Court System (FDC) Federal district court- General and original jurisdiction, Trial courts they hear civil and criminal  If it’s a criminal case it is heard in FDC  Three kinds of Civil Cases that originate in the FDC 1- The US is the party, either plaintiff or defendant (An accident that includes a US official) 2- Federal question jurisdiction, a constitutional question (Civil rights violation) 3- Diversity of citizenship- where all of the parties are of different states. The damages must be greater than 75,000 Trial Court- Hears evidence, do all of the work in determining the outcome of the case. (2 in MS) US court of Appeals- 13 court of appeals  NOT a trial court, facts are determined in trial court  Applet court reviews the application of the law done by the judge  Appeals considers 3 things: 1) Looks at the trial transcript 2) Attorneys Brief 3) Oral arguments  Looks at the trail transcript  MS is in the 5th circuit court with LA, and TX US Supreme Court- Highest court, hears/receives appeals form all 13 districts. The appeal is discretionary, it doesn’t hear every case  US Supreme Court receives 1000 cases and hears about 100  To hear the case it has to pass a certiorari petition (Rule of 4- four justices must agree to hear the case) State Court System -Mirrors the federal court system -Starts with lower courts: Municipal (cities) courts and Justice (Counties)  They are lower courts because there is no court reporter there to make/ take record  If you don’t like verdict you can appeal to trial courts -Trail Courts- Where verdicts are rendered (Called Chancery Courts in MS) -State Level Court of Appeals- Don’t review the facts, but it reviews the application of laws  9 judges, elected in most states -State Supreme Courts- Discretionary appeals, don’t hear all cases  Has the final decision in all matters of state law Civil Procedure -Conditions that must be met before you file a law suit: 1. Standing- Have to have real sake in the outcome of the law suit. Gives you legal right to file a law suite 2. Case or Controversy- The judicial system doesn’t give suggestions, it gives decisions Civil Litigation -Consist of: Judge, clerk, plaintiff, defendant, attorney, bailiff, and court reporter -Rule of Evidence (Privilege)- Certain relationships recognized in law that we recognize as confidential 1. Doctor- Patient (professional) 2. Attorney-Client (professional) 3. Priest-Penitent (professional) 4. Husband-Wife (Privilege belongs with both) Civil Procedure 1. Pre-Trial 2. Trial 3. Post-Trial -Pre-trial- Starts with filling of the law suit by the plaintiff, submits his or her self to the court  When complaint is filed the clerk issues a summons with a copy of complaint and the defendant is “served”  The summons shows: when, where and why 1. Negotiation 2. Meditation 3. Arbitration -Negotiation- Weakest of the 3. If you use the word “If” then you are negotiating.  None binding affect -Meditation- We bring in a neutral 3rd party, a mediator. He or she listens to what both parties have to say  Mediators are part of judicial system  Mediation isn’t binding  If mediator can’t find common ground then they are right back to where they began, going to trial -Arbitration- Is binding. Decision of the arbitrator is final and avoids litigation  There is a contract that is signed between the parties agreeing that any dispute that arises can be determined by arbitration  Common in employment contracts Chapter 4 “The Constitution in Government” - Bill of Rights (know 4, 5, 6, and 8 amendments) - Our Government is founded on a federal system; we have a central (national) and State (local) systems - Government is bicameral: House and Senate Federal Supremacy -Federal laws are supreme over state law, if state law conflicts it doesn’t stand -Doctrine of Judicial Review- First landmark case decided by Supreme Court (Marbury vs. Madison) in 1803 -Marbury vs. Madison- Defined the power of the Supreme Court  Day before John Adams left office he appointed 47 judicial Judges to different post  Jefferson took office and cancelled the judges not seated  A federal Act gave power to the Supreme Court  The power of the supreme court is to review acts of congress to determine their constitutionality -Preemption Doctrine- Says federal law preamps state law -Constitutional limits on government (3) 1. Due Process- Large limit on constitution and its process (5th and 14th amendment) 2. Equal Protection- In 14th amendment, guarantees all citizens are given equal treatment under the law 3. Privileges and Immunities- All citizens are entitled the same privileges and immunities as the citizens in other states.  Deals with rights entering another state  Business, school, hunting, etc.  You can’t vote in other states, where you’re not a citizen Corporate Law - A corporation is considered to be an artificial person - Corporations are separate from their owners  Corps are created by state law  4th and 5th amendments apply to corps just like individuals  But in the 5th amendment the corporation speaks through the books, so the “right to remain silent” doesn’t apply  6th Amendment applies to corporations as it does to individuals Chapter 6 Administrative Agencies -A governmental body charged with implementing administrative legislation -Created by congress to deal with particular areas in our commercial economic sections - Authority comes from the “Delegation Doctrine” which was established by congress to allow the delegation of power and the creation of administrative agencies to create specialize authorities or units -The Legislation that creates agencies is the “Enabling Legislation”, and it gives power and money to Administrative agencies -These administrative agencies are found in all 3 levels of government/ all 3 national levels Federal: matters of national concern State: Deals with matters of the state Local: parks and rec, zoning commissions, etc. -Administrative Agencies make/ create (legislation) their own regulations and enforce (executive) them. Their judicial branch can have their own trials -The administrative agencies is referred to as the 4th branch of government -There are 3 ways the public can gain access to activates of these admin agencies, thanks to the “Freedom of Information Act” 1. Open Records- Public scrutiny of how its acting 2. Open Meetings- “Sunshine Act of 1976” requires that all administrative meetings be open to the public 3. Public Announcement of Agencies Guidelines- “Administrative Procedures Act”- Controls activities and actions of agencies and requires publications of rules and regulations.  It is published in the “federal Register” which contains all Federal info giving public notice Powers of Administrative Agencies -Legislative Power- creates regulations that have the same force and effect as statutory law. This body is called “administrative law.” - Executive Power- Executes these laws and prosecutes violations (admin agencies)  Have power to inspect at any time, don’t need a warrant - Judicial Power- Conduct hearings and render decisions  Function as court of Law, but it isn’t