Introduction to the Law
Jody Blanke, Professor
Computer Information Systems
and Law
BA 665 Computers and the Law
Sources of Law
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Constitutional Law
Statutory Law
Case Law
Administrative Law
Other
Constitutional Law
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Federal (U.S.) Constitution
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With a “capital C”
Provides framework for government
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Provides for individual rights
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Article I – Legislative Branch
Article II – Executive Branch
Article III – Judiciary Branch
Bill of Rights (first 10 amendments)
State Constitutions
Statutory Law
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Congress
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Senate
House of Representatives
Authorized by Constitution
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Enumerated Powers Clause
State Legislatures
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Mostly bicameral
Codification of common law
Case Law
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Federal Courts
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Supreme Court
Circuit Courts of Appeal
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District Courts
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11 geographic, plus D.C. and Federal circuits
94, at least 1 in each state
State Courts
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50 different systems
Administrative Law
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Federal Agencies
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Authority from Constitution
Enabled by Congress
Provide needed manpower and expertise
Legislative, executive and judiciary power
“Fourth Branch” – “We the People”?
State Agencies
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Similar to federal
Other
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Treaties
Proclamations
Orders
The Law Evolves
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Laws must change as society changes
Ex. Plessy v. Ferguson (1897) – Brown
v. Board of Education (1954)
Ex. Assisted Suicide
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Washington v. Glucksberg and Quill v.
Vacco (1997)
Oregon’s Death with Dignity Act
Appeals
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Generally, questions of law are
appealed, questions of fact are not
U.S. Supreme Court
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Must petition for a writ of certiorari
“Rule of Four”
7,000 requests per year – 100 granted
Motion for Summary
Judgment
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Can be made by either party
Made during discovery, i.e., after
pleadings and before trial
Will be granted if “there is no genuine
issue as to any material fact and … the
moving part is entitled to judgment as a
matter of law”
“Legal TKO”
Burden of Proof
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Criminal case
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Civil case
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“beyond a reasonable doubt”
burden on prosecution, i.e., state
“by a preponderance of the evidence”, i.e., more
likely than not
burden on party making the claim, usually the
plaintiff
Ex. O.J. Simpson; Hans Kraus
Preemption
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Federal law will preempt state law if
Congress is authorized to act, and does
so with the intent to occupy the entire
area
A
B
Personal Jurisdiction
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Physical presence in state
International Shoe (1945)
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Required sufficient “minimum contacts”
Such that jurisdiction would not offend “traditional
notions of fair play and substantial justice”
State “Long arm” statutes
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Transaction of business in the state
Commission of a tortious act in the state
Ownership of real property in the state
Personal Jurisdiction and the
Internet
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CompuServe v. Patterson (1996)
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Bensusan Restaurant v. King (1997)
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Jurisdiction proper – “purposeful availment”
No jurisdiction – tortious act requires physical
presence
Zippo Manuf. V. Zippo Dot Com (1997)
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Adopted “sliding scale” test with three points
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Clearly does business over Internet, e.g., CompuServe
“Passive” Web sites, e.g., Bensusan
Middle ground – must determine level of activity