Chapter 1 Legal Systems
Maxims - Underlying principles of dispute
resolution that reflect society’s attitude.
These can be law and/or public policy in
codified form, but are often unstated.
Legal system
State court system
Appellate
courts
Trial court
Civil cases
Criminal cases
Probate cases
Commercial
cases
Family
cases
Domestic
matters
Legal system
Federal court operates in every state
(some states have several federal
districts) to hear:
Disputes between citizens of different states
Matters of federal law or U.S. constitution
Bankruptcy, copyright, or admiralty cases
11 circuit courts oversee district courts
Supreme court over all circuits
Legal system
Federal courts continued
tax cases and claims against the government
are handled by a special district court
Administrative agencies have their own U.S.
circuit court for appeals of rulings and
decisions
Legal system
Definitions
Jurisdiction- which court will render the
decision
Plaintiff- party bringing the suit (always the
government in criminal cases)
Defendant- alleged wrong doer
Pleadings- facts and basis for the claim
Discovery- interrogatories and depositions of
witnesses and review of written evidence
Maxims (contd.)
Mistakes are fixed, not exploited
Remedy is a right of the wronged
Liability is assigned to those responsible
“Clean hands doctrine”- act fairly
Reasonableness standard (no
impossibilities)
Efficiency is valued, waste is not
Maxims (contd.)
Substance is preferred over form
Benefit and burden are co assigned
Rule must have a reason
Rule and Reason should be uniformly
applied
Idle or useless acts are not required
Common Law System
Used by the U.S., Britain and former
colonies
Basis for future interpretations provided
by:
Case Law
Precedent
Judge’s rulings
US-Multijurisdictional Law
50 States, Municipalities, Counties, etc.
Jury System
Adversarial system of discovery
Competition for the truth
Other Systems
Civil Law
Used in France, Germany, most of Europe,
Japan
Heavily codified and lots of regulation
Islamic Law
Used in about 70 countries
Directed by the teachings of the Koran
Legislative Branch
Makes laws and passes statutes
Statutes aggregated into codes
Building codes, commercial code, etc.
Executive Branch
Enforcement, policing, and
implementation of statutes.
Runs prisons, police, FBI, etc.
Administrative agencies
Handles complex codes
Assists legislative and executive offices
Examples are IRS, EEOC, DOT
Have hearings and dispute resolution
mechanisms.
Judicial Branch
Criminal and civil systems
Jurisdiction a recognized legal activity
Also determines who decides
Types of Law
Constitutional Law: Core principles
Statutes: Passed by legislature
Administrative Regulations: Adopted by
agencies
Case Law: Established by precedence
Issues of Fact vs. Law
Issues of Fact
Discovery and testimony
Parties cannot agree
Most important part of a claim
Issues of Law
Judges and arbitrators interpret law
Criminal vs. Civil Law
Criminal Law
Prevent and punish crimes
Government always the prosecutor
Civil Law
Rights and duties of individuals towards one
another
Damages awarded, not punishment (except
for torts)
Contract vs. Tort
Contract
Voluntary duties
Promise for performance and payment
Tort
Duties imposed by law
Reasonableness standard
Implicit duties
McDonald’s coffee example
Application & Logic
Rules are consistent with social norms
someone pays
everything costs
there will be free riders
rules need interpretation (justice)
denial is expected
evidence can lead to truth (Western ideal)
law is socially evolving
Application & Logic
Rules and social norms cont.
system must render a decision (no ties)
fact are evidence are the basis of justice
assumptions are irrelevant
evidence is weighted (2 sides tell stories)
cost follows benefit
winning is the goal
protection of individual (U.S. most individual)
Logic of Legal Argument
Argument- structure of the facts which
leads to irrefutable conclusion
Argument is only true when premises are
proved
Premises used to frame issue and draw
conclusion
Issues can be legal, social, ethical,
technical, etc.
Logic cont.
Issues requires resolution
Premise 1 (requires support)
Premise 2 (requires support
Premise p (requires support)
Irrefutable conclusion- short and clear
“guilty”
Proving the premise is the key to winning the
argument
Legal arguments and
briefs
Components of legal arguments
Facts (most important part)
Issues (question under consideration)
Rules (laws, constitution, statute, precedent)
Premises (simple premise, implied premise)
Answer (logical deduction from premises)
Legal arguments and
briefs
Process of building a legal argument
determine the issue
outline the facts (discovery)
research rules and laws
prepare premises by applying facts to issue
draw conclusion
test conclusion (is opposite answer obviously
wrong, are premises clear, is the rule right)
Legal arguments and
briefs
Hints
make sure facts are relevant and logic is
sound or the argument will not stand
get to the point
start sentences with nouns
simplify sentences and write clearly
organize argument along FIRPA framework
Legal briefs
Name of case and parties involved
Procedural posture (where is it?)
FIRPA argument
Disposition (remand, uphold,
overrule,etc.)
Law Ethics and Morality
 International ethics is very complicated
Foreign Corrupt Practice Act- illegal to bribe foreign
officials, but bribes can be hard to define
Extraterritoriality- laws in one country are applied to
citizens of another
Home and Host- companies must obey the laws of
the home country and the laws of the host countrycan cause conflicts
Western ethics value the individual and their role in
promoting the “good society” more than most other
cultures