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: can only be used after lawsuit has been filedUsually cases unlikely to be settled by parties through normal negotiations or will require substantial trial timeLike trial by jury except jury decision nonbinding oMinitrial: used almost exclusively in disputes between corporationsPresent evidence and arguments to panel of neutral advisor and high-ranking executives from each companyCompany reps. negotiate after presentation3 Parts of LawoSpirit: what is it aspiring to do?; how is it affecting us in society?oLetter: what does the law actually say?oApplication: how the law is applied to different situations?Prima facie: “on its face”oAll individual elements that add up to a legal cause of actionoCause of action: any reason you have to sue someone or end up in courtAny single cause of action is enough to bring people to courtMany cases have more than one cause of actionEvery cause of action can be broken down into constituent partsConstituent parts: all elements that add up to cause of actionChapter 4: Common and Statutory LawCommon law: prior to formal government systems, no legislature, or parliamentoLaws created by judges, philosophers, etc would settle disputes8
oCarries same meaning as “precedent”/“stare decisis”Common law (most of US) = not codified VSCivil law (Louisiana) = all codifiedoDoctrine of stare decisis: inclination of courts to follow precedentPrecedentoTypes of PrecedentBinding: black letter law or primary source of lawPersuasive: secondary source of lawoWhen it comes to drafting a law, law needs to be “reasonably definite and certain” and cannot be vagueoIf laws are not necessarily vague, may need a little more interpretation to be certain and reasonablyStatutory LawoComprises most of federal and state law today; results from the enactment of statutes by legislative bodiesoReasons for Statutory Law1. Adopt measures having to do with the structure and day-to-day operation of the government of which it is a partStatutes are “nuts and bolts”2. Many activities are of such a nature that they can hardly be regulated by common-law principles and the judicial process3. To change expressly common-law rules when it believes such modifications are necessary, and even more commonly to enact statutes to remedy new problems to which common-law rules do not applyoBreakdown of Statutory LawOrigin: created by the legislative branch through formal lawmaking processForm: official codified text Scope: broad—subject only to constitutional limitationsEffect of social and political forces: direct—through the political processoAll states have comprehensive statutes that cover things like banking law, criminal law, and educational law in placeSimilarly, at the federal level, sweeping laws have been in place for things like antitrust law, food and drug regulation, securities law etc. (ex: Federal Trademark Copyright Act)o