Introduction to employment law
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Introduction to Employment Law. Jody Blanke Professor of Computer Information Systems and Law Mercer University. The Enumerated Powers Clause. Art. 1 Sec. 8 of the Constitution Authorizes Congress to collect taxes to coin money to establish a postal system to raise and support Armies

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Introduction to Employment Law

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Introduction to employment law

Introduction to Employment Law

Jody Blanke

Professor of Computer Information Systems and Law

Mercer University


The enumerated powers clause

The Enumerated Powers Clause

  • Art. 1 Sec. 8 of the Constitution

  • Authorizes Congress

    • to collect taxes

    • to coin money

    • to establish a postal system

    • to raise and support Armies

    • to provide and maintain a Navy

    • to regulate interstate commerce

    • to protect the writings of authors and the discoveries of inventors


Tenth amendment

Tenth Amendment

  • The powers not delegated to the U.S. are reserved to the states

  • Most laws that effect us on a daily basis are state laws, e.g., contract law, property law, tort law, criminal law, family law


Federal court system

Federal Court System


Federal court system cont

Federal Court System (cont.)

  • Supreme Court

    • appellate and original jurisdiction

  • Courts of Appeal

    • 11 geographically divided courts (plus 2 specialty courts)

    • appellate jurisdiction only

  • District Courts

    • 94 courts (1 to 4 per state)

    • original jurisdiction only


Federal district court

Federal District Court

  • Criminal Cases

  • Civil Cases

    • Federal Question Jurisdiction

    • Diversity Jurisdiction

      • complete diversity of the parties

      • amount in controversy greater than $75,000


State court systems

State Court Systems

  • 50 different systems

  • Similar to federal

    • “triangular” in shape

    • many courts with limited jurisdiction


Pleadings

Pleadings

  • Plaintiff files a complaint

  • Defendant files an answer

    • May also counterclaim or crossclaim

    • Failure to answer may result in default judgment


Motion to dismiss

Motion to Dismiss

  • Will be granted if

    • Court lacks jurisdiction over the subject matter or over the parties

    • Plaintiff failed to properly serve the complaint on the defendant

    • Plaintiff has failed to state a claim upon which relief can be granted


Motion for summary judgment

Motion for Summary Judgment

  • Can be made by either party

  • During discovery, i.e., after the pleadings but before the trial

  • Will be granted if there are no genuine issues as to any material fact, and the moving party is entitled to judgment as a matter of law

  • “Legal TKO”


Post trial motions

Post Trial Motions

  • Motion for judgment notwithstanding the verdict (judgment n.o.v. – non obstante veredicto)

  • Motion for remittitur (additur)

    • McDonald’s hot cup of coffee case

  • Motion for a new trial


Appeals

Appeals

  • Appellate review focuses on errors of law

    • Appellate court may order a remand

  • Findings of fact generally will be reversed only if they are clearly erroneous, i.e., not supported by the evidence


Burden of proof

Burden of Proof

  • Criminal case

    • “beyond a reasonable doubt”

    • burden on prosecution, i.e., state

  • Civil case

    • “by a preponderance of the evidence”, i.e., more likely than not

    • burden on party making the claim, usually the plaintiff

  • Ex. O.J. Simpson; Hans Kraus


Federal case citations

Federal Case Citations

  • McDonald Douglas Corp. v. Green, 411 U.S. 792 (1973) [p. 89]

  • EEOC v. Chicago Miniature Lamp Works, 947 F.2d 292 (7th Cir. 1991) [p. 113]

  • Petruska v. Gannon University, 350 F.Supp.2d 666 (W.D. Pa. 2004) [p. 78]


State case citations

State Case Citations

  • Palmateer v. International Harvester, 85 Ill.2d 124, 421 N.E.2d 876 (1981) [p. 33]

  • Torosyan v. Boehringer Pharmaceuticals, 662 A.2d 89 (Conn. 1995) [p. 41]

  • Guz v. Bechtel Nat. Inc., 100 Cal.Rptr.2d 352 (Ca. 2000) [p. 37]


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