Bus Law 215 FINAL -- Yvette Jolly

IRAC (4 main cases in a brief of a case)

Issue, Rule, Analysis, Conclusion

Codes

Grouping of related statutes (statues: written law passed by a legislative body) (link a certain subject to one heading)

ex of family law code

if there is a dissolution/divorce and you have children, you would go to family court

Common law

rules of the law that are fundamentally based on English realm. Set by our Founding Fathers - these rules are occasionally applicable. The penalty for common law is HIGHER than modern law.

Modern Law

updated Common Law to adjust to the modern world (ie. Internet)

Stare Decisis

("to stand by things decided") the lower court must adhere to the higher court's rules of law

Case Precedents

landmark cases that dictate a new rule of law or a specific are of law. EXAMPLE in Miranda vs. AZ (Miranda warnings)

Case of points

cases so similar to nature--brought up by court

ex of case of points

When the plaintiff is suing the defendant for civil cause of action or maybe negligence because the defendant hit the plaintiff on the freeway causing property damage to the vehicle and personal injury to person (it was a rainy day). Awarded Plaintiff $56,000. A Lawyer for a plaintiff in a similar situation would bring this in and use it to their advantage. This is a ___.

Plaintiff (symbol is pi)

person who brings a case against another 원고인 (moving party)

Defendant (symbol is delta)

civil causes of action or charged of crime--accused 피고인 (non-moving party)

Petitioner

person petitioning the court to hear the case/issue at hand (plaintiff)

Respondent

person responds to case (defendant

Appellant

the party that files an appeal

Appellee

The party opposing an appeal from a lower court to an appellate court.

Complaint

the first step for a civil lawsuit at federal court.

-clerk stamps it and gives it a case number.

Service of process

giving the court summon filed by the plaintiff to the defendant; serving defendant; gives defendant a heads-up and chance to be heard. (serve with papers) MANDATORY

Jurisdiction (JDX)

entails where you are going to file a lawsuit, also means you are filing in state court or federal.

Subject Matter Jurisdiction

the power of a court to hear a particular type of case; the specific area of law that a court is authorized to preside over

ex of subject matter jurisdiction

criminal cases not heard in divorce court is an ex of ___.

JDX Through federal question

one of the bases for the exercise of federal district court jurisdiction over a controversy

ex of JDX

If the worker feels he or she was fired due to some discrimination, then that would be a Constitutional issue and therefore subject to ___.

Personal JDX

requires diversity of citizenship (different states of residency) and the amount in question must be 75K or more.

Diversity of Citizenship JDX

when there is no common state citizenship between plaintiffs and defendants in a suit (from different states/countries)

Legal remedies

money damage

Specific performance (equitable remedies)

in order to get this, whatever you have bargained for must be of unique nature.

Injunctive relief (equitable remedies)

restraining orders, "Astopping"

Venue

where the most reasonable court house the case should be held at.

-Where the contract was entered into.

-What the contract was for.

-Where the majority of evidence can be found (witness, police report).

-Where the property is.

Standing to sue

where one has a stake to a claim.

ex: Crazy ex breaks into your car, then hits you with the car and you die. Lawsuit is filed against ex for your wrongful death by someone who got your blood on their dress b/c of the accident, or someone who saw it happen had PTSD.

Writ of Centiorari

a formal piece of paper (document) to have your case heard at the supreme court level. Court wants everything together (all charges)

Charges

criminal issues; murder (State, County, People VS ___). The people bear the burden to establish beyond reasonable doubt

Civil Case Charges

both parties can be at fault.

ex of civil case charge

If I go under anesthesia, but a hardcore opiate user. The questionnaire asks if I use it, and I say no. The anesthesiologist comes in and asks questions, but HE's high AF. She sues the anesthesiologist for malpractice, but the defense counsel comes with evidence showing that I'm a user. Defendant is ruled at 70%. This is a ___.

(Civil) Causes of Action

civil proceedings = battery, domestic violence, product liability, civil assault and battery, intentional infliction of emotional distress.

Rule Statement

A summary judgment motion shall be granted where there is no genuine issue of triable fact and the evidence is viewed in the light most favorable to the non-movant (non-moving party).

Motion

a declaration of papers (documents) submitted to the Court

triable fact

there is not reasonable argument made by the other side for the motion to go forward

ex of triable fact

Roach vs. Stern - stated that the Roach had no ____ to go to court. Roach appealed to see if a jury could make a decision.

IIED

Intentional infliction of emotional distress

ex. IIED

Example of Roach vs. Stern

Summary Judgment

evidentiary tool; asks the court to grant a judgment in that party's favor without a trial - can be made before or during the trial; a piece of paper created by a party to swat the judge to agree with them. They also expedite the process.

ex of summary judgement

Collier vs. Blankenship - The hospital filed an appeal for ___, and the judge decided there is no triable issue because the plaintiff couldn't even get someone to vouch for him and did not meet it to move forward. The case gets kicked out.

2 Routes of Trial

Bench or jury trial

ex of bench trial

this type of trial is when the judge will listen and decide everything

ex of jury trial

this is when a group of people listen to a trial to see if a criminal defendant has the potential for imprisonment for 6 months or more, they are entitled to a jury trial because their liberties are at stake

Trial Process

1. jury selection

2. opening statements

3. Plaintiff direct examination (no leading questions allowed)

4. Defense cross examination

5. Defense direct

6. plaintiff cross exam

7. closing arguments

8. jury deliberation

9. verdict: guilty or not guilty

Jury Selection

These are the criteria to be part of the ___.

- if you're selected as a potential jury member, they are most likely looking at you from a DMV standpoint because you have a DL / ID card

-the plaintiff must pay jury if they want one in a civil but very expensive

-for criminal, community taxes pay for jury if the criminal wants one.

-usually 12 jurors and 2 alternates

Voir Dire

the lawyers have a set of questions ready to ask the jury and decide who they want on the jury based on their answers. People are excused because of bias; the process of selecting.

Preemptory Challenges

the right to excuse a juror for virtually any reason (lawyers get 3 freebies)

Civil Burden of Proof

there's a perponderance of evidence/actual evidence, then that's enough to deem the person guilty.

Service of process is valid

-the plaintiff serves the defendant in person.

-the plaintiff has a family member/reliable source to give the court summon to the defendant.

-the plaintiff can email the defendant.

-the plaintiff can post in the news paper, etc.

-Certified mail

Opening Statement

A statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued.

Direct Examination

This is the first set of questions. General rule, you cannot ask leading questions (yes or no) because the witness has to tell their own story. exception, the witness is hostile

Cross examination

leading questions can be asked by the lawyer

only YES's are admitted into evidence - the witness cannot explain in a way that is inconsistent that may have been made on record

if the witness does not answer with YES or NO or tries to reason, the opposing lawyer can say "your honor please let the record reflect that everything after not be admitted/dismissed into evidence/record".

Criminal burden of proof

must establish beyond reasonable evidence. if any doubt, then the defendant must be acquitted--found NOT guilty.

Jury Instructions

all causes of action must be read aloud to the jury; each word that describes the crime; what the punishments are, all of it.

Jury verdict

the conclusion (1st degree murder=acquitted)

Motion for New Trial

Can ask for this if the judge seems biased--

if the judge is rude while the lawyer speaks, if jurors bring in inappropriate evidence or is bribed/biased

-ex: if the jury goes and talks about it, or goes to the crime scene, or the lawyers make inflammatory remarks = grounds for a retrial

Appellate Review

each party has a right to have an appeal if they lose in court or the decision is not sufficient

closing arguments

summary to present to the jury; argue/make case. end of case

Alternative Dispute Resolution

a process by which two parties resolve conflicts through the use of a specially trained, neutral third party rather than in court

negotiation

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

Mediation

requirement before going to trial; a means to help to facilitate a settlement; entails a 3rd party, mediator, to be involved. The person hears/reads through case/hears brief; lets people know if there are any holes in their case--encourages them to facilitate a settlement. What the person says is NOT set in stone.

Arbitration

Must not be unconscionable or so heavily favored toward one side, and it must be signed willfully, knowingly, and voluntarily in order to be deemed valid. It entails a 3rd party, an arbitrator.

During this process, both parties put on their ENTIRE case to arbitrator. Arbitrator's decision is lawful and binding.

-For civil cases ONLY

Arbitration Agreement

Signing this will wave your rights to have your case heard before a jury

Criminal Law

two things need to be established whether or not there is a crime to charge

1. Mens Rea (guilty of mind)

2. Actus Rea (guilty of act)

Mens Rea

guilty mind

actus Rea

guilty act

common law crimes (MRBARK)

first 6 recognizable felony laws

- each have a common and modern law rule JDX (not robbery)

Murder

Rape

Burglary

Arson

Robbery (no JDX split)

Kidnapping

Murder (Common Law)

unlawful killing of another human being with malice aforethought (Killing someone in an attack intended to cause them grievous bodily harm)

Murder (Modern Law)

(1) intentional murder;

(2) a killing that resulted from the intent to do serious bodily injury;

(3) a killing that resulted from a depraved heart or extreme recklessness; and

(4) murder committed by an Accomplice during the commission of, attempt of, or flight from certain felonies.

Rape (Common Law)

Unlawful cardinal knowledge of a female without consent.

-genitalia to genitalia; only male raping female

Rape (Modern Law)

Unlawful cardinal knowledge of any person without consent.

-can be anyone raping anyone.

Statutory Rape

the unlawful cardinal knowledge under the law of majority. When one party is over 18 and one is under 18 (minor).

Burglary (Common Law)

Unlawful breaking and entering into the dwelling house of another during the night-time with specific intent to commit a crime in there.

Burglary (Modern Law)

unlawful breaking and entering into any structure at any time.

-constructive breaking but through fraud.

Arson (Common law)

the malicious burning of the dwelling house of another.

- walls must be charred, not just blackened.

- can't burn down your own house

Arson (Modern Law)

any malicious burning (charring) of a structure

Robbery (Modern+Common Law)

trespassory (trespass) taking or asportation of the personal property of another by force, fear, or intimidation

Kidnapping (Common Law)

taking a person without consent outside of the country

Kidnapping (Modern Law)

taking a person without their consent

Personal Property

any tangible personal property capable of being moved at the identification for sale (cut trees/logs, equipment not installed)

Real property

anything deemed affixed or annexed to the ground; cant be moved. (trees in ground, chandeliers already installed)

ex of real property

person works at home depot and another individual sells the tree on his land in oregon, the HD guy goes to see the trees and tells the seller to tie a ribbon on the tree. This is an example of ___.

ex of personal property

person works at home depot and another individual sells the tree on his land in oregon, the HD guy goes to see the trees and tells the seller he wants the tree that is cut down. The tree is an example of ___.

ex of personal property

you contract for the purchase of a puppy Rottweiler with the breeder's mom (the dog is still pregnant). is this a sale of real property or personal property?

Felony vs. Misdemeanor Crimes

felony: crime that has a potential jail time that is a year or more

misdemeanor: crime that has a potential jail time of less than a year

Theft crimes

1. Robbery

2. Embezzlement

3. Larceny

(ranked from highest included offense order)

Embezzlement

trespassory taking of an asportation of the personal property of another while in lawful custody or possession

ex of embezzlement

Brenda has a new 2021 Porsche and valets her car at the hotel, the valet driver goes on a joy ride. this is an example of ___.

ex of robbery

Brenda has a new 2021 Porsche and valets her car at the hotel, the valet driver sees a few hundred dollars and pockets it. they can be charged with ___.

Larceny

trespassory taking an asportation of the personal property of another; no force, fear, or intimidation

Receiving stolen goods (Property)

unlawful taking of personal property when they should've known or knew that the property had been stolen.

Objective standard

what a normal person would believe

Forgery

the modification/alteration of a legal document

Fraud

the intentional misrepresentation of fact known to be false by the wrong-doer for purposes of inducing action or inaction, and, in fact, the action or inaction desired

ex of fraud

you are at a used car lot and want an all blacked out car, the mileage is good, the price good, and ask the sales associate if it has been in an accident and he says no. You buy it and it causes problems, this is an example of ___.

Mail and Wire Fraud

Occurs when someone engaging in a fraudulent activity uses the telephone, Internet or U.S. Postal Service to discuss, send or receive correspondence to further the fraud.

Bribery

criminal defendant tries to get the person to do something they wouldn't usually do, usually involves a govt. official, "if this, then this."

Blackmail/Extortion

A criminal defendant tries to get a person to do something they wouldn't usually do