Introduction to Employment Law Jody Blanke Professor of Computer Information Systems and Law Mercer University.

Introduction to Employment Law

Jody BlankeProfessor of Computer Information Systems and LawMercer 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 to provide and maintain a Navy to regulate interstate commerce to protect the writings of authors and the

discoveries of inventors

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 (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

Criminal Cases Civil Cases

Federal Question Jurisdiction Diversity Jurisdiction

complete diversity of the parties amount in controversy greater than

$75,000

State Court Systems

50 different systems Similar to federal

“triangular” in shape many courts with limited jurisdiction

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

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

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

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

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 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

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

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]