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American law

Published on Nov 18, 2015

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PRESENTATION OUTLINE

American law

Sources

Law is a body of rules of conduct enforced by a controlling authority.

Sources

  • Case law and common law
  • U.S. Constitution and state constitutions
  • Statutes - federal and state
  • Regulations

Case law and common law

  • Court opinions establish law
  • Common law originally developed in England
  • Common law is based upon court decisions
  • Stare decisis - courts follow prior decisions
  • Supreme Court may overrule existing precedent
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remedy at law

  • Money damages, etc
  • Available in court of law
  • By judge or jury
  • Judgment
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remedy at equity

  • Allowed by courts when money not adequate
  • Based upon fairness, justice, and honesty
  • Courts of equity/decision by judge
  • Decree of specific performance or injunction
  • Clean hands, file in timely manner (laches)

Laches/statutes of limitation

  • Usually set by statute
  • Civil wrongs/torts - 2 to 5 years
  • Contracts/sale of goods - 4 years
  • Crimes - relates to seriousness of crime

case names

  • Jones (Plaintiff) v. Smith (Defendant)
  • No first names
  • Jones v. Smith, 45 Md. 71, 310 A.2d 294 (1956)
  • Citation rules are in The Blue Book
  • On appeal - Appellant v. Appellee

Opinions

  • Unanimous
  • Majority opinion
  • Plurality opinion - may agree on result but not reasoning
  • Dissenting opinion

U.S. Constitution

  • Supreme Law of U.S. - supremacy clause in Art. 6
  • Seven articles
  • Bill of rights - first 10 amendments
  • 27 amendments total
  • 14th amendment made most rights applicable to states
A copy of the U.S. Constitution can be found at this U.S. Archives web page:

http://www.archives.gov/exhibits/charters/constitution_transcript.html

Maryland's Constitution may be found at:

http://msa.maryland.gov/msa/mdmanual/43const/html/const.html
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Three Branches of gov't

  • Executive - President - the Enforcer
  • Legislative - Congress - the Maker
  • Judiciary - Sup. Ct. - the Interpreter
  • Checks and balances

bill of rights

  • Freedoms of speech, religion, assembly
  • No unreasonable searches and seizures
  • Due process, right to remain silent
  • Speedy trial by jury with cross-examination
  • No cruel and unusual punishment
A copy of the Bill of Rights can be found at:

http://billofrightsinstitute.org/founding-documents/bill-of-rights/

federal statutes

  • Enacted by Congress under Article I
  • Take priority over conflicting state laws
  • Bill enacted by House and Senate
  • Signed and enforced by the President
  • Subject to judicial review
A class book on how Congress enacts a law is "The Dance of Legislation" by Eric Redman

http://www.amazon.com/The-Dance-Legislation-Insiders-Workings/dp/0295980230

Marbury v. Madison is the famous Supreme Court opinion which made it clear that courts can review federal statutes and rule them unconstitutional.

http://www.law.cornell.edu/supremecourt/text/5/137

http://www.pbs.org/wnet/supremecourt/democracy/landmark_marbury.html

state statutes

  • Real Property
  • Estates and Family Law
  • Corporations
  • Certain Crimes
  • Commercial transactions

federal preemption

  • Federal statute clearly states
  • Federal law comprehensively regulates
  • Creation of federal agency to regulate
  • Some areas reserved to states
  • 10th Amendment reserves power to states

administrative agencies

  • Creation by Congress or state legislature
  • Rulemaking - notice and comment
  • Investigation and enforcement
  • Adjudication - administrative law judge