[法学]Con_Law_China_01.ppt

* * * * * * * * Discuss supervision * * * * * * * * * * * * * * * * * * * * * * * Legal Reasoning Professor Levi: “It is only folklore which holds that a statute, if clearly written, can be completely unambiguous and applied as intended to a specific case.” In other words, some ambiguity is inevitable. * More Than “Black Letter” Law. Why? The law is not static. Anyone can memorize. Lawyers need to do more. Much more. * Tips on Reading a Case. Write down who is doing what. Do not ignore the dissenting or concurring opinions. We do care about more than just the majority opinion. Remember to read the Constitutional text!!!! Tips on Briefing a Case “To brief or not to brief” There should be no question. At least at first. Many ways are acceptable. One option is: I.R.A.C. I.R.A.C. Issue Rule Analysis Conclusion Questions?问题 * Here We Go! Some major parts of the Constitution. Preamble (not so major, but I like it.) Article I – Legislative power (Congress) Article II – Executive power (President) Article III – Judicial power (Courts) Article VI – Supremacy Clause Amendments Bill of rights Civil war amendments Functions of the Constitution. It creates a national government of “limited” authority, and separates power. Checks and balances between the three branches of government (Legislative, Executive, and Judicial). These checks and balances were designed to reduce the risk of tyrannical rule. The relationship between these branches is a recurring issue in this course. Functions of the Constitution. It divides power between the national government and the state governments. “Federalism” refers to this divided authority. Supremacy clause. The Tenth Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Functions of the Constitution. It protects individual liberties. Mainly, but not entirely, in the Amendments. For example, Article I p