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AAD 650, Unit 1: Introduction

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UK Arts Administration

on 12 December 2013

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Transcript of AAD 650, Unit 1: Introduction

Unit 1:
An Overview of the American Legal System and Arts and Entertainment Law

I. Sources of American Law
II. Litigation in Federal and State Courts
III. Common Law v. Civil (“Code”)
Law and Judicial Decisionmaking
IV. Civil v. Criminal Law
V. Alternative Dispute Resolution
VI. Ethical Considerations
VII. Unions in Arts and Entertainment
Cases in Which:

The United States is a party
The U.S. Constitution or a federal law is alleged to have been violated (called “federal question jurisdiction”)
All plaintiffs and defendants are citizens of different states and the amount in controversy exceeds $75,000 (called “diversity jurisdiction”)
The dispute is between two or more states
Bankruptcy cases
Copyright cases
Patent cases
Maritime cases

Criminal cases
Contracts cases
Torts cases
Probate/estate cases
Family law cases
Cases involving the violation of state law or the state constitution
Diversity cases where the amount at issue is less than $75,000


There is a conflict between two federal Circuit Courts of Appeals
There is a conflict between the highest court in a state and a Circuit Court of Appeals
The highest court in a state has ruled on a federal questions, and that ruling conflicts with the ruling on the same federal question by another state’s highest court or by a Circuit Court of Appeals
READ: Criminal Law vs. Civil Law
READ: Criminal Law: An Overview
If one culture decides that a behavior is right, while other cultures find that behavior horrifically wrong, do any other cultures have a right to step in and stop it?
How do cultures with different norms interact in this context?
What if a culture is divided on whether an act is right or wrong?
Both systems lack any moral absolutes
How do we compare “utilities” that are facially unrelated?
What if utility is unequally distributed?
Individuals in society do not have a choice regarding acceptance or rejection of the “contract.” Therefore, at the very outset of the Social Contract, an individual’s rights are constrained without their consent.
How should challenging ethical problems be solved? Who is the arbiter of the Social Contract?
Full transcript