MVV54K Introduction to U.S. Law and Legal Ethics

Faculty of Law
Spring 2010
Extent and Intensity
1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Joseph F. Vosicky, Jr. (lecturer), doc. JUDr. Jiří Valdhans, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Timetable
Mon 10. 5. 11:10–12:40 215, Tue 11. 5. 15:05–16:35 133, Wed 12. 5. 16:40–18:10 133, 18:15–19:45 133, Thu 13. 5. 8:00–9:30 133, 9:35–11:05 133
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 25 student(s).
Current registration and enrolment status: enrolled: 0/25, only registered: 0/25
fields of study / plans the course is directly associated with
Course objectives
Students should understand the concept of interaction of federal and state law, the hieararchy of different levels of legal regulation and the concept of interaction of federal and state court decisions.
Syllabus
  • Relative Priority of Sources of Law: Hierarchy of Authority 1. Federal Law a. U.S. Constitution b. Federal Statutes c. Federal Rules + Regulations d. Federal Cases (Decisional Law) 2. State Laws There are several principles of law that must be considered when dealing with an issue of state law. Although a comprehensive examination of these complex rules is beyond the scope of this presentation, the basic rules are as follows: (a) Federal Supremacy – Federal law prevails over conflicting state law. State law may not be inconsistent with federal law. Nor may there be state laws covering areas that have been preempted, or fully covered by a federal statutory scheme. (b) “Erie Doctrine” (Rule of Law from Erie Railroad Co. v. Tompkins, 304 U.S.64 (1938)) Federal courts will apply state “SUBSTANTIVE” law (for example, TORT CASES + CONTRACT DISPUTES) and federal “PROCEDURAL” law when state law creates the cause of action. (c) Choice of Law Issues – A federal court deciding which state’s law to apply to a state claim will use the choice of laws rules of the state in which the federal court sits. Apart from the above considerations, the following hierarchy of authority would apply to state sources of law: (1) State Constitution (2) State Statutes (3) State Rules + Regulations (4) State Cases (Decisional Law)
Literature
  • Given by the lecturer
Teaching methods
lectures, class discussion
Assessment methods
written essay
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
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