Jim Whitney Economics 495

Administration:

1. 3 x 5 card:

Last name, First name Ec495
  Year, term
Box  
Phone Ec250 instructor
E-mail  
Misc  

    Me

    Website -- visit before and after every class
    Syllabus
    Schedule
    Postings include notes, after class

Office hours, Spring 2013 semester:
Monday 3:30-4:30
Wednesday 3:30-4:30
Friday 10:00-11:00

    Often, I will subdivide office hours--granting priority access to different classes during different time periods

 

    --Course overview: Course sidebar

About: Economic analysis of the common law
  • Prerequisites: Econ 250 / Spring graduating major
  • Note: Not open to students who have had Law and Economics
  • The course is applied theory rather than pure theory --> heavy emphasis on analyzing specific court cases
Materials:
  • Friedman: online--convenient links but Westlaw links don't work
  • Posner--classic text and analysis
  • 3x5 cards--no You Bet, but convenient for on-the-spot input that I collect
  • Online readings: Include about 65 court cases (common in case-oriented law and econ courses)
        For access to restricted access online material:
        User name: _________
        Password: ______
  • Personal acknowledgement: Professor Stephen Marks of Pomona College
Requirements:
  • Exams: not comprehensive
        Exam 1: Thursday, 10/11, 5:00-7:30
  • Short assignments: Problems, papers, and briefs--often done in legal teams
    Turn in a team copy and individual copies (often may be photocopies)
  • Research paper: Any economic analysis of a case or aspect of the law:
            not limited to common law -- Friedman and especially Posner provide background
  • Attendance: very strict -- treat the course as a job, me as an employer
  • Participation:
    (1) Individual: Presentation of your research paper, at the end of the semester
        Court cases--like law school, I cold call
        Comments AND questions: chime in w/questions.
        Context: how to make something clear to the general population
    (2) Group: As part of randomly assigned legal teams, you will play roles: judges, and attorneys for plaintiffs or defendants. You will rate each other's group participation
  • Co-curricular activities
  • Learning disabilities: come see me

 

    Distinctive course: A transition to the afterlife of the real working world

1. real world cases
 
  • I think you will learn more and get more involved if we can work with real world cases
  • Extended scenario: Day 1: I assign teams and a case
                Day 2: Plaintiff and defense present briefs
                Day 3: Jurists present their opinion
  • How can we structure this so that we can do it without participants trying to track down the actual decision in advance?
        What should I agree to do?
        What should you agree to do?
2. independent thinking
 
  • Few "correct" answers
  • Many cases are famous precisely because they are controversial and sparked dissenting opinions.
  • What matters will be your analysis and application of relevant support
  • Relax and take your best shot
  • Rely on yourself and on your classmates--I will be a mediator but not an arbitrator
  • Much of what we as instructors have covered in class in the past will now be assigned to you to prepare for class.
  • In class, share results and ideas with each other, generating your own learning experience
  • I will not overrule or correct you
  • I will be paying attention and will make use of what I observe
        Example: for exams

 

I. Economic analysis of the law
A. How civil suits work

    Common law cases are civil cases
    Civil cases: disagreements between private parties
        get expensive--each side typically pays its own legal costs
    Criminal cases: infractions against the public at large -- private citizens cannot be a plaintiffs
    Government prosecutors file a case on behalf of "the people"

The civil case process

    Step 1. Incident--an injury

    Step 2. Case filing
   Plaintiff needs a "cause of action"-- a recognized legal claim
        requires "standing" -- a direct stake in the action
    Plaintiff files a lawsuit with the court and "serves" (delivers) a copy to the defendant
    Complaint describes (1) the plaintiff's injury; (2) how the defendant caused it; (3) requested relief

    Defendant must "answer" (provide a point-by-point response to) the complaint
    Otherwise a "default judgment" is rendered in favor of the plaintiff

    Loosely, the civil counterpart to criminal law, but with compensation to "make whole" the injured party.

    Step 3. Pre-trial discovery
    exchange of information / depositions (taken under oath and recorded in transcript)
    Complete records are kept
    "strike" that remark => Highlighting it in the record of a case as evidence that has been improperly offered and will not be relied upon. It does not disappear from the record

 

 

    Step 4. Pre-trial conference
    Motions
    Negotiations: Courts encourage alternative dispute resolution (ADR)
    mediation, arbitration,...

    90-95% of lawsuits reach settlement

    Step 5. Trial
    Usually begins with motion for dismissal or summary judgment for the defendant

    Adversarial process (common law tradition)
        judge is neutral and enforces procedure and evidence rules.
    Judge decides relevant law

    Either party can request a jury to decide the facts.
    Right to a jury trial is guaranteed by the Constitution: 7th Amendment for civil cases, 6th for criminal cases
        Civil case juries 6-12 jurors; parties may agree to a non-unanimous verdict

    voir dire--process in which judge and the attorneys then ask the potential jurors questions to determine their suitability to serve on the jury

        UK--juries abolished in nearly all civil cases since 1966; common in criminal cases.
        France--juries only for the most serious crimes.

        Civil law: inquisitorial process.

    Burden of proof: usually "preponderance of evidence"
    sometimes "clear and convincing evidence" (ex: punitive damages)
    Criminal case: "beyond a reasonable doubt"

    Penalties:
    (1) injunction or easement
    (2) damages

    Judge must "enter judgment on the verdict" which is controlling
    Judge can enter a "judgment non obstante verdicto" (jnov--judgment notwithstanding the verdict)

 

    Step 6. Appeal

    Either side can appeal
    Criminal trial: Only defendant can appeal verdict

    Appeals court typically considers only the law
    can consider and override on factual grounds only if findings were "clearly erroneous"
    additional legal arguments can be introduced.

    Process: appellant presents legal arguments in a written "brief."
    Many cases are selected for "oral arguments" before the court, structured discussions with each side given a short time - usually about 15 minutes - to present arguments to the court.

    Interested parties can participate, filing "Amicus Curiae" (friend of the court) briefs

    Outcomes: Affirm / Reverse / Remand (return case to trial court)

    the stare decisis doctrine applies: makes decisions precedents for other courts
    for common law, decisions in the UK can be cited in the US

 

    Set up teams and assign worksheet problems.

    Example: sample civil suit
    Render your verdict.