Mediation – a form of ADR that does not produce a decision that is legally binding on the parties. 1. They create a structure that encourages the parties to get together and seriously negotiate much earlier before they harden position 2. Build trust and respect 3. Make the parties more realistic about the weaknesses of their position and strength of their opponents 4. Create an environment in which the parties are more likely to think of creative solutions that can benefit both sides Chapter 4: Common and Statutory Law (skip all the cases) Origin of Common Law – created by the judicial branch through decision in cases decided by the courts 4 “directive forces” that shaped the law; philosophy (logic), history, custom, social welfare Stare decisis – heart of common law that courts want to stand by existing decisions Mandatory authority – originating in courts above the trial court in the appellate chain, the judge must follow it If trial judge notices that there is NO precedent, they are not required to follow any others state precedent. Common law changes slowly but can be adapted to changing social, moral, economic conditions Statues – second biggest to common law, this is most of our federal and state law
Created by the legislative branch through formal lawmaking process, official codified text, broad and subject only to constitutional limits, and direct. Primary function – to adopt measures having to do with the structure and day to day operation of the government. AKA IRS, US civil service commission Other function – areas of criminal law where punishments are defined, and corporate law explaining in detail the complex issues. 3 rd function is to change expressly or overrule common law rules WHEN it beliees such mods are necessary and to enact statues to REMEDY new problems to which common law does not apply Procedural Requirements 1. Restricts the enactment of special or local laws that affect only a portion of citizenry (only valid if classification is reasonable 2. Require that the subject of every act be set forth in its title (used to ensure legislators voting on a bill are fully apprised as to its subject, guarding against enactment of SURPRISE legislation) 3. Prohibits a statue from embracing more than one subject 4. Also limits on time and place of the introduction of bills, limitations on the amendment of bills, and the requirement that bills have three separate readings before final passage (must be given notice of the consideration of a bill before its passage Statutes – must be “reasonably definite and certain”, so much so that an ordinary intelligence person can understand it or its “unconstitutionally vague” Statutory Law VS Common Law Statutory interpretation – a major source of law, which is the process by which a court determines the precise legal meaning of a statute as it applies to a particular controversy.