MGMT 108 – Introduction – 2007

I. COURSE OVERVIEW: Look at SYLLABUS

II. Let’s do an...INTRODUCTION TO OUR LEGAL SYSTEM:

A. The law -- referred to as study of jurisprudence. Different schools of thought:

1.  Natural: Laws based on universal moral principles.

2.  Positivist: Law is what it is at a particular point in time.

3.  Realist: Depends -- try to be objective (like positivists) but at same time try each case on its particular facts (so bring in some societal concerns). American jurisprudence is influenced by this school.

B. Where is the law found: SOURCES OF THE LAW (See Handout)

1. Constitution: What is a constitution?

Basic principles of a government

Remember CALIF. and most states have one.

2. Statutes: Who enacts statutes? Legislatures.

What happens if statute conflicts with provisions of U.S. or State Constitution (Constitution wins, US wins)

If LA passes a nosmoking ban in restaurants – also a statute.

3. Precedents or Case Law:

If there is no law in the books, can courts on their own decide what

laws will be implemented to decide a certain disputes or issue?

-  Name some major issues that courts have decided because

legislatures or the states would not?

Abortion Roe v. Wade

Desegregation of Schools (Brown)

Right to a free lawyer for poor (Gideon)

-  AngloSaxon influence on our system, as compared with Civil Law System like Europe, South America & Louisiana.

Civil vs. Common Law

4. Administrative Regulations: Who puts these out?

Admin. Agencies created by legis. By whose power and authority are these promulgated? Legis. enact statutes. (called Enabling Legislation)

5. Treaties: If California passed a law and the U.S. later signed a treaty

on the same issue, which would prevail?

-- Discuss Korean Air Line Case

B. Are these primary sources or secondary sources?

[PRIMARY SOURCES]

Secondary Sources: Basis of legal researches (see Handout for list)

C. TERMINOLOGY:

1. Opinions: Decisions of judges - if not unanimous, what are 3 kinds?

a. Majority: Controlling opinion by majority of judges

b. Concurring: Agrees with result of the case, but for a different reason.

c. Dissenting: Minority judge that disagrees.

III. PREREQUISITES TO FILING A LAWSUIT – The Two “J’s”: Justiceability & Jurisdiction

A BASIS TO BRING LAWSUIT: Is the case JUSTICIABLE?: A court won't decide a case unless it is Justiciable, ready to be decided:

1. Real Conflict:

2. Parties Must be Directly Affected

1. Real Conflict:

a. Ripeness Congressional challenge to President’s line item veto premature, because he hadn’t used it yet. Wasn’t ripe.

b. Mootness Look at Roe v. Wade. She had the baby - too late for court to fashion a remedy. Almost worked for the State defending the action.

2. Parties Affected:

a. Must be Advesaries: Feigned or collusive suits are not allowed.

b.   Must have Standing: If I go up to Mr. XXX and hit him across the face, if

Ms. YYY sues me for it, can she maintain that kind of legal action? Of course not. She is not the party affected.

c. Compare: Class Actions: