Bul Worksheet

Worksheet #1 Coverage: Classifications of Law; Sources of Law, Court System, Litigation Process. Alternative Dispute Resolution & Managing Lawyers

LAW CLASSIFICATIONS

Substantive and Procedural Law
– Substantive
– Procedural
– Importance of Procedure Rules (R.E. Development Example)
Public and Private Law
– Public
– Private
– Common Law?
Civil , Criminal Law, and Administrative Law
– Civil
– Criminal
– Administrative Law
Burden of Proof
– Civil
– Administrative
– Criminal
Remedies
– Legal
– Equitable
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SOURCES & HIERARCHY OF LAW
Sources of Law
– Constitutional Law
– Common Law (judge-made law)
– Statutory Law
– Administrative Law
Hierarchy
– U.S. Constitution
– Treaties & Federal Statutes
– Federal Common Law (public law only!)
– Federal Administrative Law (Regulations)
– State Constitutions
– State Administrative Law
– State Common Law (public & private)
Key Concepts
– Most Business Law still regulated by common law
– Doctrine of Stare Decisis
– Preemption Doctrine
– Judicial Review
– Congress writes really bad statutes!
THE COURT SYSTEM
Federal Courts & State Courts
General vs. Specific Jurisdiction (general vs. specialized courts)
– Exclusive Federal Jurisdiction
Unlimited vs. Limited Jurisdiction
Concurrent Jurisdiction
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Trial vs. Appellate Courts
Determining the Jurisdiction of a Court (or Where do I sue?
– Subject Matter Jurisdiction (see above)
– Personal Jurisdiction (see below)
Personal Jurisdiction
– General vs. specific/special
– Service of Process (Geographic or Rules of Civil Procedure)
– Due Process Tests
(i) Minimum Contacts (specific)
(ii) Resident or Incorporated or Principle Office or Doing Business (general)
(iii) Long-Arm Statutes (specific)
In Rem Jurisdiction
Venue
o Change of venue o Forum non conveniens
Internet Jurisdiction o Zippo’s Sliding Scale
State Trial Courts (unlimited jurisdiction)
Federal Trial Courts (District Courts) (limited