About this Video

• Video Title: JANUARY 16, 2024 PART 2
• Channel: Prof. Tebeau
• Speakers: Prof. Tebeau, Students (Michael, Kenneth, and others)
• Duration: 40:44

Introduction

This lecture by Professor Tebeau covers different sources of law, focusing on statutory law, case law, and administrative law. The professor uses examples to illustrate the concepts and their practical applications in different legal contexts, including criminal and civil cases. The lecture also touches upon the constitutional powers of government and the interplay between federal and state laws.

Key Takeaways

• Statutory Law: Defined by statutes passed by legislative bodies (Congress for federal law, state legislatures for state law). Examples include Georgia's battery statute and Title VII of the Civil Rights Act of 1964. Statutes often provide general definitions with some specifics, leaving room for interpretation.
• Case Law: Created through court decisions, interpreting statutes and forming precedents (stare decisis). Trial courts determine facts; appeals courts review the application of law. Precedents are binding unless overturned by higher courts (e.g., Supreme Court).
• Administrative Law: Rules and regulations created by administrative agencies (e.g., IRS, EPA, OSHA). These rules have the force of law. Agencies must follow established procedures (including public comment periods) for rule-making and rules are subject to judicial review.
• Criminal vs. Civil Law: Criminal law concerns offenses against society (prosecuted by the government); civil law involves disputes between individuals or entities. The same act can lead to both criminal and civil liability (OJ Simpson example). Burden of proof differs (beyond a reasonable doubt in criminal cases; preponderance of evidence in civil cases).
• Constitutional Powers: The lecture also briefly addresses the separation of powers, the Commerce Clause, and the Supremacy Clause, emphasizing their relevance to business law.

Here are a few more key points from the provided transcript, expanding on the previous summary:

• Precedent and Stare Decisis: The principle of stare decisis ("let the decision stand") dictates that courts generally follow precedents set by prior decisions. This ensures predictability and stability in the law. However, precedents can be overturned if there is a compelling reason, as illustrated by the overturning of Roe v. Wade.

• Jurisdictional Differences: Court decisions are binding only within their specific jurisdiction. A decision by a lower court or a court in one circuit may not be binding on courts in other jurisdictions. The Supreme Court's decisions are binding on all courts in the US.

• Interpreting Statutes: The meaning of statutes isn't always clear-cut. Courts interpret statutory language, and those interpretations become case law, clarifying the application of the statutes. The example given was the interpretation of "sex" in Title VII of the Civil Rights Act of 1964.

• The Role of Agencies: Administrative agencies create rules with the force of law, filling in gaps where Congress or state legislatures haven't provided specific rules. This is exemplified by OSHA's detailed regulations on ladder safety. There's a process for creating these rules, including public comment periods, and they can be challenged in court.

• Substantive vs. Procedural Law: The lecture distinguishes between substantive law (defining rights and obligations) and procedural law (governing court procedures). Both types of law apply in legal cases. The example given was a battery lawsuit, where substantive law defines battery and procedural law dictates how the case proceeds.