Class 3 - Procedural Law, Morality and Ethics

Classification of laws (continued)

Importance of Substantive vs. Procedural law

Procedure is very important. For example, there are time constraints - statute of limitation. Usually 1-2 years for torts. If not filed during that time, you can't file any more. This is a common area of legal malpractice. This is also why lawyers are frequently quick to file. Statute of limitations apply to both civil and criminal cases. There is no SofL for murder or arson or treason. Oral contract 5 years, written contract 10 years. 120-160 days from arrest to bring the person to trial. If the defendent causes the delay, through motions or other factors, that stops the clock.

The suit must be filed properly.

Civil case: either side can file an appeal.
Criminal case: once found not-guilty, the government cannot appeal

Ethics and Business

Morality and the Law. Much of our law is based on a moral/religious basis. Some laws, such as jaywalking, are not. See Soldano v O'Daniels. Negligence: there was a duty of care, carelessness, carelessness caused the injury, it was foreseeable. You only owe a duty of care if you're engaged in certain actions which make you responsible for acting. Otherwise, even though you may be morally obligated to act, you're not legally responsible.

Summary judgement: No dispute of facts. The law is clear. Judge decides without a trial.

Soldano v O'Daniels - perhaps the prevention of the patron from using the phone was considered an "action".

See US v Stanley in book pg 19. Army sergeant given LSD without his knowledge. Stanley claimed that the Army had a duty of care and should have informed him.

Laws based on morality: Adultery is a crime in some cases. Bigamy is a class 4 felony. Utah had to criminalize polygamy before they were allowed into the union.

There are no (or at least very few) absolute freedoms. We'll talk more about this when we cover the first amendment.

Selection of judges. See pages 25-26.