LEB

YASS!

Law

what is acceptable or unacceptable at any given time; ensures orderliness of human activity

2 types of sources of law:

primary and secondary sources

Primary source of law

legally binding rules and procedures

-includes: constitutions, statutes, agency regulations, court decisions, treaties, ordinances

Secondary sources of law

summarize and explain or even criticize law, but are not legally binding

-includes: research articles, restatements, legal texts, encyclopedias

4 requirements of a legal system:

1. certain (stable into foreseeable future)
2. flexible (to change)
3. known or knowable (most aware of or have access to it easily)
4. apparently reasonable (good reason for law)

5 classifications of law:

1. subject matter (what it deals with)
2. common vs. statutory law
3. civil vs. criminal law
4. public vs. private law
5. state vs. federal law (which it arises from)

Common law

unwritten law made up of court decisions on a case-by-case basis; all rules and principles currently existing in any state from judicial decisions where statutory law does not already exist

Statutory law

written law; formally adopted by state or federal government through the legislative process

Civil law

laws that spell out the rights/duties among individuals, business firms, etc.; law governing individual interactions

-includes: tort law, contract law, and sales law

Criminal law

statutes that prohibit certain conduct w/ risk of imprisonment or fines if violated; law governing
individuals' interactions in society

a) felony- imprisonment over 1 yr or death
b) misdemeanor- crimes w/ lesser penalties

Public law

law that applies to ALL; deal with direct relation between individual (or business) and gov't

-includes: criminal, constitutional, and admin law

Private law

law that deals with the rights of one individual against another; transactions between parties

Podias v. Mairs

Case that dealt w/ 3 drunk dudes & motorcycle death; tort law; b/c foreseeable harm and easily could aid the 2 passengers created more harm and were held responsible

Law is made in 3 ways:

1. enactment of statutory law
2. interpretation and application of statutory law (statutory legislation)
3. common law formed through judicial decision

stare decisis

the tenancy of courts to follow the precedent (decisions) of earlier courts

precedent

decisions from higher courts that should be followed (1st supreme and then appellate court decisions)

mandatory authority

vertical stare decisis BUT only applies to a state's own higher courts

In re Personal Restraint of Arnold

Case that dealt with a convicted sex offender and his obligation to register as one under a repealed statute; since previous appellate court decision would not require him to register the court followed precedent to promote stability and clarity in law

horizontal stare decisis

a court is compelled but not forced to follow the decisions made previously in its same court

3 functions of statutory law:

1. help structure day to day operations of gov't
2. regulate activities too complex and serious to be reviewed on a case by case basis
3. change common law when necessary or remedy problems not solved by common law

Limitations on statutory law:

-must follow procedural requirements to pass legislation
-must be understandable by common people

Plain Meaning Rule

interpretation of a statue is NOT necessary b/c it has a precise/clear meaning; aka only 1 way to interpret

aids to statutory interpretation:

-dictionary/other reference sources
-textual context statute written in (meaning as whole)
-a statute's legislative history (background on purpose)
-circumstantial context (issue that led to statute)
-precedent

Hively v. Ivy Tech Community College

lesbian woman claims discrimination after being fired under Title VII; sexual orientation not included in Title VII--\>statute interpretation necessary; since the scope of "sex" has broadened since statute written they rule that it will now include sexual orientation protection

Uniform state statutes

statues that have been adopted across many states to keep law uniform/more reasonable (ex: uniform commercial code)

Courts of Limited Jurisdiction

state courts that are limited to the kinds of cases they can hear; MOST cases that go to trial and deal with minor issues (ex: traffic and domestic relations courts)

General Trial Courts

cases concerned with state law; have general jurisdiction and usually exist in every county

-contract, criminal and corporate law

State Appellate Courts

hear appeals from lower state courts and decide ONLY legal questions (does the ruling of the lower court apply correctly to the facts)--\> DO NOT hear testimonials or consider new evidence

Specialized U.S. courts

federal courts that deal with specialized subject matters (ex: Tax Court)

U.S. District Courts

basic trial courts where most federal cases originate; can only hear cases that deal w/ federal statutes and the Constitution

Federal Appellate Courts

13 courts that hear appeals from district and specialized courts as well as federal admin. agencies; decided only on legal questions, not questions of fact

the U.S. Supreme Court only hears cases concerning \_____ from \_____

federal law; federal appellate courts or state supreme courts

writ of certiorari

an order of a higher court requiring a lower court to send documentary record of the trial

the highest court that can hear a case involving state law is:

the state supreme court (unless it deals w/ federal law too)

jurisdiction

legal power of a gov't body/official to take some sort of action; power to hear and make a legally binding judgment

subject-matter jurisdiction

power to hear a particular kind of case

Federal courts have subject matter jurisdiction over:

1. criminal cases dealing w/ violation of federal statute
2. civil cases that deal w/:
a) plaintiff's claim that deals w/ a federal statute
b) Diversity of citizenship issue when the amount of controversy is \>$75,000 (**ALWAYS concurrent jurisdiction)

concurrent jurisdiction

when both federal and state gov'ts have jurisdiction on an issue

Unlike federal question jurisdiction cases, \_____ cases cannot be appealed in a federal court once the plaintiff has chosen to take the case to a state court.

diversity of citizenship

diversity of citizenship cases

when the plaintiff and defendant are from different states or countries

corporations are considered citizens in states in which they are \_____ & \_____

incorporated; have its principal place of business

\---\>corps can be citizens of 2 states!!

right of removal

when the plaintiff has the right to remove its case from a state court to a federal court when there is a) concurrent jurisdiction b) either federal question or diversity of citizenship (ONLY if case not filed in state that defendant is a citizen of)

Personal Jurisdiction

the court's jurisdiction over the parties to the case (agreement that the court can oversee the case)

when a plaintiff files a lawsuit, it submits to the court's \_____

personal jurisdiction

in personam

cases in which the plaintiff seeks a legally binding judgment against the defendant; **requires personal jurisdiction of D!!

in rem (as opposed to in personam)

when personal jurisdiction is NOT needed (ONLY subject matter jurisdiction needed); cases involving both tangible and intangible property (things) in a state

**issue over things, not a person specifically

to acquire personal jurisdiction there must be\_____ (4 parts):

procedural due process:
1. adequate notice
2. meaningful opp. to be heard (a hearing)
3. impartial decision maker
4. substantial contact between forum state and D

Appearance

submission to personal jurisdiction by the D by taking any formal step to defend the case; once done, the D cannot contest there is personal jurisdiction

**includes: motion to dismiss, answer to claim

Special Appearance

a motion to dismiss or any other formal action taken by the D SOLELY for the purpose of challenging a court's personal jurisdiction

--\>if claim denied, can bring it up again in an appellate court if case makes it there

service of summons

the formal notice of the lawsuit (must be served in the forum state) & a way to grant a court personal jurisdiction; can be hand delivered or left w/ person over 16-18, at business, or through certified mail

long arm statute

procedure for serving a summons to a D who is no longer in the forum state, but has had prior substantial contact w/ the forum state

--\>substantial contact determined by general p.j. or specific p.j.

general personal jurisdiction

when a D has maintained a physical presence in the forum state or targeted activities at a forum state over a substantial period of time

specific personal jurisdiction

when a D targets a state in some manner, by committing a tort or entering a contract in the forum state

Bristol-Myers Squibb v. Superior Court

600 plaintiffs file against drug company for side effects of drug manufactured in Cali; since company is not headquartered or incorporated in Cali & the drug users did not buy or consume the drug in Cali--\>lack of specific personal jurisdiction

-can only claim specific personal jurisdiction in company's citizen states or in residents' states

Venue

where a case should be heard; the county where the D resides or where the act/transaction took place

forum non conveniens

when a court either transfers or dismisses a case in order to force the plaintiff to file with a more convenient court (closer to where act committed, where witnesses are, etc.)

once one court in a state has \_____ then every court in that state has it.

personal &subject matter jurisdiction

choice of laws rules

set of laws each state has for determining which state's laws should be used to resolve a case if there is conflicting laws

Remedy

an order to the D requiring them to pay money or do/not do something

courts of law grant \_____ dealing w/ money damages, real estate, and personal property

remedies/actions at law (common law)

cases outside of the courts of law go to the \_____; deal w/ \_____ & \_____

courts of equity; injunctions & decrees of specific performance; exceptional b/c no adequate remedy at law

the Adversarial System

the parties themselves are responsible for researching law, finding/developing evidence, and making legal arguments in court as well as most costs; judge takes no action unless requested to

Inquisitorial System

judge acts as fact finder in gathering evidence from detectives under their authority and making rulings/judgments on their own initiative; most costs fall on public sector

loser pays system

loser of case is responsible for all legal fees; prevents some cases from going to trial out of fear of adverse ruling

Litigation Process:

1. Pleading stage
2. Pretrial Discovery
3. Trial Proceedings (impanel jury, present evidence, motion for judgement as matter of law?, instructions to jury, verdict, potential appeal)

Pleading Stage

filing a complaint and waiting for the D's answer(assertion, counter claim, motion to dismiss, or failure to respond--\>default judgement, plaintiff wins)

motion to dismiss

D claims the allegations are not against law; appearance but not answer

complaint

P's version of facts and request for action; must be able to be factually proven to move forward

T/F: the P bears burden of proof, and if their is a valid defense present then it will beat the complaint

True

Ashcroft v. Iqbal

complaint by Iqbal that he was treated poorly b/c of race/nationality was not based on factual claims, but rather allegations; would have to had made complaint about imprisoning him based on race, which he failed to do or prove

Discovery Proceedings

reveal evidence that will be presented in trial to other party

discovery tools: depositions, interrogatories, requests for production of documents

Deposition

testimony of witness outside court under oath to preserve original statements to be used by both parties

Interrogatory

written questions that must be answered by other party under oath

Request for Production of Documents

request for documents that could serve as evidence

-spoliation- hiding or destroying documents of evidence

Summary Judgment

movement for judge to rule before trial takes place b/c evidence is substantial and proves/disproves claims; part of pretrial discovery

T/F: a trial by jury must be requested or this right is waived and the judge take the jury's place

True

function of jury:

fact-finding, evidence weighing body guided by instruction of judge on legal principles

voir dire examination

the preliminary questioning of prospective jurors to make sure they are as impartial as possible

*if person found not impartial--\>challenge for cause and juror dismissed

peremptory challenges

limited number of strikes an attorney has to remove juror from panel without reason

steps in presentation of evidence:

1. opening statements
2. direct examination
3. cross examination

direct examination

lawyer calls own side's witness & questions that W/O leading them!

cross examination

D lawyer asks leading questions to witness in an attempt to discredit them

perjury

giving a false testimony

Rules of evidence:

1. No irrelevant evidence (no logical relation to disputed issue)
2. No hearsay (said by 3rd party not present as witness)
3. No opinion (besides expert's)

*if evidence doesn't meet rules other side can Object

Motion for Directed Verdict/Judgement as a Matter of Law

D ask judge to make judgement w/o jury's verdict b/c P's case fails to prove complaint as a matter of law

*if denied, the D then makes case

Instructions to the jury

judge guides jury's deliberations; includes the charge- the core of instructions that gives jury legal framework for performing job

Riley v. Willis

dealt with judge's failure to include instructions on leash law and shouldn't have included instructions on obstruction since this law didn't apply here

after the verdict, the court issues a judgment:

1. in conformity
2. not withstanding
3. new trial (erroneous trial)

Magee v. Bea Construction Corp

since Bea did not appeal evidence as insufficient in trial case, they cannot appeal evidence in the appellate court

Appellate courts determine if \_____errors have occurred

material (errors that affect outcome)

Process of appeals:

1. record sent from trial court to court of appeals
2. written briefs (claims on why case needs appeal)
3. oral arguments
4. decision on material errors (affirms lower court decision, reverses lower court decision, or remands case back to lower court for further proceeding w/ recommendation)

SEC v. Ginsburg

jury ruled in SEC's favor saying Ginsburg engaged in insider trading of info, but judge ruled judgement not withstanding --\> court of appeals reversed judgment saying evidence was sufficient

contempt of court

failing to comply w/ court decision

writ of execution

seize non-exempt property and sell at auction

-exemptions: homestead (residence)

writ of garnishment

3rd party holds property of defendant and delivers to court (ex: bank)

res judicata

new claim can't be filed from same case/set of facts after final judgement is made

Alternative Dispute Resolution (ADR) techniques:

-negotiation
-arbitration
-mediation

Negotiation

used to prevent loss of customer or supplier & the costs of case aren't worth it

Arbitration

3rd party arbitrator makes decision on case that is legally enforceable and not appeallable; cheaper, faster, and more control in process

Oxford Health Care Plans LLC v. Sutter

Sutter files breach of contract for failure of prompt payment; contract has arbitration clause which Oxford acted on, then decided they'd prefer a court case since he disagreed w/ arbitrator's decision; since arbitrator made good effort in decision and did not overeach scope of contract the court cannot interfere w/ arbitrator's decision