Introduction to the United States Legal System and U.S. .ppt
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1、Introduction to the United States Legal System and U.S. Intellectual Property Law,Dennis S. Karjala Jack E. Brown Professor of Law Sandra Day OConnor College of Law Arizona State University dennis.karjalaasu.edu,Course Information,Reading Assignments http:/homepages.law.asu.edu/dkarjala/SlovakiaClas
2、ses/IntroUSLegalSystem&IP.htm Course Materials http:/homepages.law.asu.edu/dkarjala/SlovakiaClasses/CourseMaterialsBratislavaF-08.html Course Outline (.doc) Available from Reading Assignments and Course Materials pages,Civil Law versus Common Law,See the Wikipedia entry for “property”: In Armory v.
3、Delamirie, a chimney sweeps boy found a jewel encrusted with precious stones. He took it to a goldsmith to have it valued. The goldsmiths apprentice looked at it, sneakily removed the stones, told the boy it was worth three halfpence and that he would buy it. The boy said he would prefer the jewel b
4、ack, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentices attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper until the original owner is foun
5、d. In fact the apprentice and the boy both had a right of possession in the jewel (a technical concept, meaning evidence that something could belong to someone), but the boys possessory interest was considered better, because it could be shown to be first in time. Physical possession is nine tenths
6、of the law, but not all.,Civil Law versus Common Law,Still from Wikipedia: This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner. By contrast, the classic civil law
7、 approach to property, propounded by Friedrich Carl von Savigny, is that it is a right good against the world. Obligations, like contracts and torts are conceptualised as rights good between individuals.,Civil Law versus Common Law,Is there really such a difference between civil law and common law l
8、egal systems? How would a judge in a civil law country handle the problem of Armory v. Delamirie, assuming there is no statute governing “found property”? How would people react if a court held that the apprentice could keep the jewels? How does anyone prove “ownership” of personal property? If you
9、take your coat to be cleaned and lose the receipt, should the cleaner be able to keep your coat? The real legal problem in this case is not who owns the coat almost a metaphysical question but who, as between the apprentice and the boy, gets to keep the jewels,Overall Structure of U.S. Legal System
10、UNITED STATES CONSTITUTION,Federal statutes adopted by Congress (and signed by the President) and international treaties approved by the President and confirmed by the Senate Regulations of federal administrative agencies (Securities & Exchange Commission, Food & Drug Adminstration, etc.),State cons
11、titutions Statutes adopted by state legislature and regulations adopted by state administrative agencies Municipal ordinances adopted by cities and towns (zoning, traffic rules, etc.),Two Court Systems,Federal courts interpret and apply federal statutes and regulations and consider the constitutiona
12、lity of both state and federal legislation and regulations Federal courts can also apply state law in disputes involving parties from different states,State courts interpret and apply the laws of their state only their rulings have no legal application outside the boundaries of their state State cou
13、rts can also interpret and apply most federal statutes and regulations when they otherwise have jurisdiction (patent and copyright are a major exception) State courts can also consider the constitutionality of both state and federal legislation,The Federal Court System,Cases in federal courts origin
14、ate in federal district courts There is at least one federal district court in every state, and some large states have three or four Most cases are litigated before a single judge, possibly with a jury making decisions on factual questions Appeals from district court decisions go to one of twelve fe
15、deral circuit courts of appeal Appeals go before three-judge panels of the courts of appeal Important cases may be reargued “en banc,” where all the members of the court of appeal participate in the decision Appeals of patent cases go exclusively to a specialized patent court, called the “Court of A
16、ppeals for the Federal Circuit” The ultimate federal judicial authority in the U.S. is the United States Supreme Court (Supreme Court of the United States, or “SCOTUS” for short),The Supreme Court (SCOTUS),Appeal to SCOTUS is available only by a so-called “writ of certiorari,” a process by which the
17、 appealing party gives reasons why SCOTUS should decide the case (such as conflict with law of other circuits or an important principle of constitutional law) SCOTUS hears appeals from the federal circuit courts of appeal or from final decisions of state courts if a matter of constitutional law is i
18、nvolved SCOTUS hears only about 250 cases each year A majority of the participating Justices (usually five out of nine) is necessary to win the case,Federal Supremacy,Any state law that conflicts with a validly adopted federal law, an international treaty, or the Constitution is invalid Article VI o
19、f the Constitution says This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby,
20、anything in the Constitution or laws of any State to the contrary notwithstanding Under Article I, Section 8, of the Constitution, Congress has the power to do such things as collect taxes, regulate commerce among the states and foreign countries, coin money, establish federal courts, declare war, a
21、nd to raise and support armies and navies,Law Practice in the U.S.,Each state has its own “bar,” which consists of those people who have passed the exam (called the “bar exam”) to become lawyers Some states have reciprocity with other states, so that if you pass one states bar exam, you can become a
22、 member of the bar (and therefore practice law) in the other state Many states do not have any reciprocity, however, such as California and Arizona Law practice is largely divided up into Litigation Business counseling and transactions Many lawyers are specialists in fields like taxation, securities
23、 regulation and corporate law, intellectual property law, insurance law, and so forth,Why Property Rights?,Tangible property is a zero-sum game Use by one person means that no one else can use it at the same time Much personal property is “consumable,” in that, once consumed, it is gone forever Trag
24、edy of the commons Without property rights, there is less incentive to put property to its most valued uses The standard example is a grazing field if anyone can graze animals there anytime, it will be “overgrazed” Future uses are discounted in favor of present uses Higher valuing users cannot negot
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