Sources of Law Notes
Sources of Law
Constitutional Law (Federal and State)
Statutory Law at the Federal Level
Statutory Law at the State Level
Local Laws of Cities, Countries and Towns
Common Law
Court Decisions-provide interpretation or clarification of the law stare decis
Custom
Federal Court
U.S. is a party
Federal question-arising under federal law
Diversity of Citizenship
Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal?
If Jeff Bauman was to sue, it would be a civil case because the individual is bringing on the suit
Federal if the state is bringing charges against an individual
State Courts
Hear matters of state law
Separate system from federal system
Stare Decisis
Courts will follow the rule of law from pervious decisions for consistency except
Cases are factually distinguishable (Sony and Grokster cases – beta and time shifting v. software and intentional infringement)
Precedent is form another jurisdiction (AZ state court case but CA precedent)
Technology changes
(Sony BETA hardware and Grokster software)
Sociological, moral or economic changes or needs (Brown v. Board)
Brown v. Board
Immediately after the brown decision, a student of Little Rock Central High School is meant by the Arkansas National Guard, who have orders from Arkansas Gov. to keep blacks from entering. Later court rulings made these actions illegal.
Spoliation
Occurs when a party destroys evidence if it “knew, or should have known that there was a substantial chance there would be litigation and the evidence would be material to it…”
Penalty is that there will be a “presumption that the evidence, if produced would have been unfavorable to the destroyer.”
What do you call the discussion of the court’s rationale behind the decision?
Dicta
Sony v. Universal City
Time Shifting
Vicarious Liability- Sony was responsible for producing the machines that consumers were using to violate copyright laws.
Contributory infringement-
“One who distributes a device with the
Constitutional Law (Federal and State)
Statutory Law at the Federal Level
Statutory Law at the State Level
Local Laws of Cities, Countries and Towns
Common Law
Court Decisions-provide interpretation or clarification of the law stare decis
Custom
Federal Court
U.S. is a party
Federal question-arising under federal law
Diversity of Citizenship
Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal?
If Jeff Bauman was to sue, it would be a civil case because the individual is bringing on the suit
Federal if the state is bringing charges against an individual
State Courts
Hear matters of state law
Separate system from federal system
Stare Decisis
Courts will follow the rule of law from pervious decisions for consistency except
Cases are factually distinguishable (Sony and Grokster cases – beta and time shifting v. software and intentional infringement)
Precedent is form another jurisdiction (AZ state court case but CA precedent)
Technology changes
(Sony BETA hardware and Grokster software)
Sociological, moral or economic changes or needs (Brown v. Board)
Brown v. Board
Immediately after the brown decision, a student of Little Rock Central High School is meant by the Arkansas National Guard, who have orders from Arkansas Gov. to keep blacks from entering. Later court rulings made these actions illegal.
Spoliation
Occurs when a party destroys evidence if it “knew, or should have known that there was a substantial chance there would be litigation and the evidence would be material to it…”
Penalty is that there will be a “presumption that the evidence, if produced would have been unfavorable to the destroyer.”
What do you call the discussion of the court’s rationale behind the decision?
Dicta
Sony v. Universal City
Time Shifting
Vicarious Liability- Sony was responsible for producing the machines that consumers were using to violate copyright laws.
Contributory infringement-
“One who distributes a device with the