LGLS 3020 - Introduction to the Law
Topics covered: The court system, Legal research, Corporate gross negligence (Case study of the Buffalo Creek Disaster - required paperback), How to file a small claims court case; Entertainment & Sports Contracts, Criminal procedure, Criminal law (case studies on sexual molestation, DNA evidence, and guilt versus innocence), Real estate, Personal property issues, Auto insurance issues, Family law, Estate law (do you need a will?), Consumer law (weaved in throughout the semester)
LGLS 3020 Overflow policy: Unfortunately, this class closes out fast. I only allow overflows on the first day of class -- you need to show up at the class on that day (I usually only allow 3 people to overflow even if the classroom can accommodate more seats (zero overflows if there are only 35 seats); if more than 3 people want an overflow, I usually draw names). Best advice is to monitor my class during registration to see if someone drops. Sorry for the inconvenience! Perry
1. REQUIRED: Buffalo Creek Disaster, Gerald Stern
Paperback: 320 pages Publisher: Vintage; (February 12, 1977) ISBN: 0394723430
http://www.amazon.com/exec/obidos/ASIN/0394723430/qid%3D1059057610/sr%3D2-1/ref%3Dsr%5F2%5F1/002-7087480-3133667
2.
RECOMMENDED: American Bar Association Family Legal Guide (third edition): Everything your family needs to know about the law and real estate, consumer protection, health ... Bar Association Family Legal Guide) (Paperback) 816 pagesPublisher: Random House Reference; 3d edition (April 27, 2004) ISBN-10: 0375720774
3- REQUIRED: Web Links below and Court Cases found in uLearn
LGLS 3020 WEB READING
Additional Reading Posted in uLearn
UNIT I - The Court System and a powerful case study
THE COURTS - Binder Clips on the Courts
GA PUNITIVE DAMAGES STATUTE
§ 51-12-5.1. Punitive damages
(a) As used in this Code section, the term "punitive damages" is synonymous
with the terms "vindictive damages," "exemplary damages," and other descriptions
of additional damages awarded because of aggravating circumstances in order to
penalize, punish, or deter a defendant.
(b) Punitive damages may be awarded only in such tort actions in which it is
proven by clear and convincing evidence that the defendant's actions showed
willful misconduct, malice, fraud, wantonness, oppression, or that entire want
of care which would raise the presumption of conscious indifference to
consequences.
(c) Punitive damages shall be awarded not as compensation to a plaintiff but
solely to punish, penalize, or deter a defendant....
(g) For any tort action not provided for by subsection (e) or (f) of this Code
section in which the trier of fact has determined that punitive damages are to
be awarded, the amount which may be awarded in the case shall be limited to a
maximum of $250,000.00.
GA Attorney-client privilege
GA Rule on Attorney solicitation/advertising
Going to Law School expecting huge first year salaries? Read this article
OPTIONAL BUFFALO CREEK SUPPLEMENTAL READING
We'll be using The Buffalo Creek Disaster as a case study. What went wrong?
Lessons of Justice for College Students: Grandpa versus Big Coal by Perry Binder
LEGAL RESEARCH
Use this site whenever you wish to search for a statute in GA or Try this one for GA Statutes
Cases:
Lexis
Legal Research
(available from campus
only)
Free Lexis off campus - cases from 1998-present (requires free
registration - they do send occasional e-mails)
When doing a Lexis search, something like this would work:
punitive w/20 reduce
punitive and jury w/20 reduce
"punitive damages" and jury and reduce or modify
w/10 -- means within 10 words
Note how you may search for coupled words "punitive damages" -- also can search for multiple things (and jury and reduce), as well as alternative things (reduce or modify)
Find a case with a citation? What if I don't know what level court it's from?
Go to Legal Research and select the Get a Case search form. You may search across Federal and State courts for the party names or the citation to retrieve your case.
Find out more about a specific case, such as Brown v. Board of Education?
Go to Legal Research and select the Law Reviews search form. Law reviews provide background information and analysis of major court cases. Choose the Guided Search tab at the top. In the first text box, type Brown v. Board of Education. Select "AtLeast3" from the pulldown menu, which will ensure that the case name appears several times throughout each article, rather than just as a passing reference. Be sure to select an appropriate date restriction.
Find a law using its popular name?
Go to Legal Research and select the Federal Code search form. For search terms, key the terms used in the popular name of a law, leaving out noise words and quotation marks. For example, to find the Family and Medical Leave Act, your search terms could be: family medical leave act.
Find laws relating to a particular subject at the state level?
Go to Legal Research and select State Case Law. When the interim screen listing all 50 states appears, select your desired state, then enter your search terms. For example, if you are searching for laws related to search and seizure in California, go to the California form and enter search OR seizure in the first box. Leave the default, All Courts as the Court selection. Select all available dates for date.
* * * * *
Citing Cases: How to read a citation
Citing a Lexis case: Heim v. Barnhart, No. 01-3825WA, 2002 U.S. App. LEXIS 16211 (8th Cir. Aug. 13, 2002)
Georgia cases:
Georgia Statutes: Ga. Code Ann. § 44-6-200 ( § means "Section") or O.C.G.A. § 44-6-200
Federal cases:
Federal Statutes: 15 U.S.C. § 1414 (2000)
* * * * *
At the trial court level: How to read case #'s in a DeKalb County case:
|
Case Number |
02A12345-5 |
|
02 |
Year the case was filed (2002) |
|
A |
Type of Action (A=State Court Civil, B=Bad Check, C=Criminal, D=Dispossessory, G= Garnishment, M= Magistrate Civil, V=Abandoned Motor Vehicle, X= Stone Mountain Park) |
|
12345 |
Case Number |
|
5 |
Division Number (5=Judge Mathew Robins) |
UNIT II - Private Actions, Personal Liberties & Property Rights
HOW TO FILE A SMALL CLAIMS ACTION
Complaint/Certificate of Service
If your case goes to trial (pdf):
ENTERTAINMENT & SPORTS CONTRACTS
Copyright Registration of Movie Scripts
Be careful about signing Work-for-Hire Agreements
CRIMINAL PROCEDURE
Found on the web (so it must be true):
> > > A guy walked into a little corner store with a shotgun and>
> > > demanded all of the cash from the cash drawer. After the cashier put the
> > > cash in a bag, the robber saw a bottle of Scotch that he wanted behind
> > > the counter on the shelf. He told the cashier to put it in the bag as
> > > well, but the cashier refused and said, "Because I don't believe
> > > you are over 21.
> > > The robber said he was, but the clerk still refused to give it to
> > > him because he didn't believe him. At this point, the robber took his
> > > driver's license out of his wallet and gave it to the clerk. The
> > > clerk looked it over and agreed that the man was in fact over 21 and he
> > > put the Scotch in the bag. The robber then ran from the store with
> > > his loot. The cashier promptly called the police and gave the
> > > name and address of the robber that he got off the license. They
> > > arrested the robber two hours later.
REAL PROPERTY LAW
GA Tenant eviction rights
Inspection addendum for buyer (word doc)
Fulton County - Look up an address
Search deed information - any GA county
PERSONAL PROPERTY LAW - AUTO ISSUES
UNIT III - Raw Emotion: Criminal Law, Family Law & Estate Law
CRIMINAL LAW REVISITED - Proof beyond a reasonable doubt?
Putting a Price on a Wrongful Conviction (NY Times free registration might be required)
1. Complex Persecution - Arnold and Jesse Friedman
Arnold and Jesse Friedman article - by Perry Binder
Skim: Parolee Jesse Friedman's website
Conduct a Georgia sexual offender search http://mapsexoffenders.com/
- Does society properly balance the fears of parents
with the privacy
rights of the convicted? Should it?
2. State of Georgia v. Calvin Johnson - a Case of Actual Innocence in Georgia
|
Calvin Johnson |
||
Year of Incident: 1983 Jurisdiction: Georgia Charge: Rape (2 cts.), Sodomy, Burglary Conviction: Rape, Agg. Sodomy, Burglary |
|
Sentence: Life + Year of Conviction: 1983 Year of Exoneration: 1999 Sentence Served: 16 years Real perpetrator found? Not yet |
3. The Amanda Knox case - U.S. Student studying abroad in Italy. The University of Washington, where Knox was a language student before her arrest, has developed an independent study program for her and corresponds with her through the mail, grading her papers and allowing her to work toward graduation.
Italy's Court System - The Amanda Knox case started in the Court of Assize (2 Judges and 6 jurors). The presiding Judge must be a member of a Court of Appeals; beside him/her sits a lay judge. Decisions are made by the giudici togati (Judges) and giudici popolari (Jurors) together at a special meeting behind closed doors, named Camera di Consiglio, and the Corte d'Assise is required to publish written explanations of its decisions. The lay Judges are paid for every day of actual exercise of their duty; and, in these instances, are considered public officials. They continue in office for two years. Lay Judges wear a sash in the national colours and are not technically jurors, as the term is understood in Anglo-Saxon jurisprudence. In Italian, Giudice (Judge) refers both to the eight of them together as a collective body and to each of them considered separately as a member of that body. Since lay Judges are not jurors, they cannot be excused, unless there are grounds that would justify an objection to a Judge. Also, they are not sequestered.
Amanda Knox appealed her conviction to the Appeals Court of Assize (2 new judges and 6 new jurors) – Same composition of judges and lay judges as the Corte d'Assise, but the Giudici Togati are senior to the judges of the first court. The Corte d'Assise d'Appello must also publish written explanations of its decisions. This appeal includes a complete review of the evidence – in effect a retrial.
Court Appeal through
Summer 2011
December 18, 2010
Full review of DNA evidence is granted by appeals court
April 22, 2010
Convicted Prosecutor Giuliano Mignini May Return for "Appealing"
Courtroom Drama
Mignini described a legal
loophole that may allow him to be part of the appellate prosecution team;
"the
new appellate prosecutor may want his help. Italian law only prevents Mignini
from being the
lead
appellate prosecutor. It won't stop him from being part of the prosecution team.
In January, Mignini
was convicted of abuse of office in an unrelated case in Florence. Sentenced to
14 months in prison, he remains free pending appeal. He also continues to work
as a prosecutor.
April 17, 2010
Defense files appeal - will call new witnesses (unlike a U.S. appeal) and focus
on DNA evidence
April 15, 2010
Prosecutor seeks life sentence for Amanda Knox
April 12, 2010 VIDEO:
Amanda Knox Speaks (off camera) From Jail
with Reporter
March 19, 2010
Amanda Knox Court Victory: Wins Civil Invasion of Privacy Lawsuit
Against Media Outlet The
notebooks did not become evidence in Knox's criminal trial. Under Italian law
they are considered her private property, and were eventually transferred to the
prison where she's held near Perugia.
March 18, 2010
Italian Police Bombshell: We Knew She Was Guilty of Murder
Without Physical Evidence
March 8, 2010 -
University of Washington newspaper account by Lexie Krell
March 6, 2010 -
Delitto Perugia, the latest twist but how many lies for Alessi
and Guede (hit "Translate to
English")
March 4, 2010 -
Knox jurors found no planning, malice in Kercher's slaying
March 4, 2010 -
Knox charged with crime of Slander (facing 2-6 years under Italian law)
February 2010 -
Prosecutor Mignini files at least 10 defamation actions
University of
Washington Student newspaper stories
http://dailyuw.com/2008/6/3/
http://dailyuw.com/2008/6/4/
http://dailyuw.com/2008/6/5/
FAMILY LAW
Facebook a treasure trove for divorce lawyers
ESTATE LAW
Anna Nicole (updated ruling Dec. 2004 - do you know the result?)