481656 - Law and Veterinary Medicine Basics of Legal...

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Law and Veterinary Medicine Basics of Legal System (continued) November 16, 2006 Paul Waldau, D.Phil., J.D.
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Goals for this session ± Finish our engagement with “basics” of the American legal system—important concepts to engage ± Then talk a bit about the general legal system ± Then walk through a hypothetical—see if you begin to have the ability to see basic legal issues
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Additional “basics” ± Jurisdiction ± Discovery ± Employer liability for acts of employee ± Damages ± Wills and Trusts ± We emphasize throughout the importance of practical, prudent approaches to legal issues
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First minutes paper on 6 boxes diagram
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… class performance very good … ± Only 1 student failed to draw the correct relationships between the boxes—but close enough to count as passing ± Two caveats— ± Don’t confuse “jurisprudence” with “prudence” ± Careful with substitution of “self” for “personal ethics” →→
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Tannenbaum’s interests (1995) ± Se lf-oriented interests ± P atient-oriented interests ± A nimal-oriented interests (general animal interests, often at the level of species or perhaps compassion for individuals generally) ± C lient-oriented interests ± K nowledge/science/theory-oriented interests ± Pro fession-oriented interests ± So ciety-oriented interests
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Minutes paper ± Explain the difference between a contract and a tort ± perfectly OK to use simple, non-technical terms
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Jurisdiction ± “Authority of a court to hear and decide a case” ± Get a general sense of the difference between subject matter jurisdiction and personal jurisdiction
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Two kinds of jurisdiction ± To make a legally valid decision in a case, a court must have both ± (1) “ subject matter jurisdiction” —power to hear the type of case in question, which is granted by the state legislatures, Congress, or a constitution, and ± (2) “ personal jurisdiction” —power to make a decision affecting the specific parties involved in the lawsuit, which a court gets as a result of the parties’ actions
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Federal v. State jurisdiction ± Charts ± “Preemption” ± “Venue”
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Past exam question ± What’s the difference between state and federal courts? ± You do not need to know the minutiae of these charts
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“Standing”—Important topic ± Recommended Reading for this Session (article from Wall Street Journal) defines standing … regarding chimpanzees ± “The ability to have suits filed in their names and to ask courts to protect their interests” ± Standing deals with far more than nonhuman animal issues —“standing challenges” can exclude certain humans from presenting a particular problem to the court
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The Standing Debate (WSJ article in Recommended Reading) ± “The advocates of granting legal standing to chimps have gained support from constitutional scholar Laurence Tribe, a Harvard Law School professor. ± Mr. Tribe argues that the leap isn't as great as it
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481656 - Law and Veterinary Medicine Basics of Legal...

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