American Civil Litigation - Civil Law - Lecture Slides, Slides of Civil Law

Download American Civil Litigation - Civil Law - Lecture Slides and more Slides Civil Law in PDF only on Docsity!

American Civil Litigation

Lincoln Nebraska Population 250, State of Nebraska Population 1,700, Lawyers in Neb- 5000

Lincoln 150 years old Novgorod 1150 years old

History of Nebraska's Capitols

State Capitol, Lincoln, Nebraska Built 1920-

• University of Neb Football Stadium, Capacity 89,

Friedman Law Offices

Established 1962

• Personal injury lawyers
  • Tort cases only
• Contingent fee only
• Trial lawyers
• Lincoln and Central Nebraska

Questionnaires

• Help me to know you
• An opportunity to tell me if you can understand me
• Ask me questions at any time
  • E-mail
  • In person

American Civil Litigation

Day One

• History of law
• Overview of system
  • Civil
  • Not criminal
• People involved in system

Sources of

American Civil Law

• Bible, Talmud
• Greek
• Roman
• Church Canon Law
• English Common Law

THE THEME THAT RUNS FROM

JUNE 15, 1215 TO PRESENT

• LIMITATION ON POWER
  • ONE PERSON
  • ONE GROUP OF PEOPLE
• MAGNA CARTA

MAGNA CARTA 1215

2009

Limitation of power Jhufybx/ybt vjo]

Abuses that lead to

American Law

• Catholic Church Inquisition
• English Star Chamber
• Colonial abuses
  • Taxation, without representation
  • No vote in Parliament
  • Quartering of troops
  • Arrest without cause or warrant
  • Bill of Attainder

Founders

• Male, many young
• White
• English
• Educated
• Wealthy, land owners
• Some slave owners
• Many lawyers

Declaration of Independence (1776)

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has obstructed the Administration of Justice by refusing his Assent for Laws for Establishing Judiciary Powers

For depriving us in many cases, of the benefit of Trial by Jury:

Time Line

• (1030) Prince Yaroslav–the-Wise School )
• (1478) Novgorod Judicial Charter
• (1492) Columbus discovers West
• (1706) Greek and Slavonic School (Nov)
• (1776) U.S. Declaration of Independence
• (1787) U.S. Constitution
• (1789) U.S. Bill of Rights

US Constitution Amend VII

Foundation of Civil System

• In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re- examined in any Court of the United States, than according to the rules of the common law.

Checks and Balances

Ck/h;ydfn] Hfdyj d/cqt cblDocsity.com

The Federal System

• Checks and Balances
• State vs. Federal
• Three branches of government
  • Each VERY Independent
  • Executive
  • Legislative
  • Judicial

Laws that form the U.S. System of Civil

Justice

• Common Law
  • Case law, Stare decisis
    • State Supreme Court, Appellate Court
    • US Supreme Court, Court of Appeals (11 Circuits)
• Constitution
• Statutory Law
  • Legislative
  • Administrative
• Federal system
  • 50 states, DC

Marbury v.Madison

• 1803

• Major case
• Establish concept of judicial review
• Made Judicial Branch (Courts) and EQUAL BRANCH OF GOVENMENT

U. S. Government

Congress

President

Courts

Common Law vs. Civil Law

• Cases from Supreme Courts are precedent
  • Stare decisis
  • Cases studied in law school
• Adversary System vs. Inquisitional System
• Role of Judge is different
• Jury in most civil cases

Parties to Litigation

• Individuals
• Corporation or other business organization
• Government
• Everyone has access to courts