Class4: Enacted Law & Identifying Applicable Law

Goal of Legal Reasoning

Identify legal relationships arising under a
particular scenario

Method

Identify legal relationships by applying legal rules to the facts of the scenario. In order to do this, you have to:

(1) Identify sources of law that appear to be applicable to the scenario;

(2) Analyze the apparently applicable sources of law to identify legal rules;

(3) Synthesize the apparently applicable legal rules by analyzing the relationships among the rules;

(4) Fully research the factual scenario; and

(5) Apply the structure of rules (from (3)) to the facts (from (4)) to identify the legal relations (rights, duties, etc.) among the parties in the scenario.

what are the types of law?

enacted and case law (CL)

What is case (common) law?

• The courts resolve disputes by applying the law to specific facts.

When do courts make new law?

When there is no enacted law or when the law is unclear, which creates a precedent.

What are examples of common law fields?

Tort law and some parts of contract law.

Where did the American legal system get its common law roots?

• From the English System.

What is Enacted Law?

A type of law that creates general rules of conduct formally adopted by a governing body.

Who and what does enacted law govern?

All persons subject to the power of the government in all future situations where the rule by its terms applies.

enacted law includes

• treaties

• constitution

• administrative regulations

2 differences between enacted and case law for legal reasoning purposes

1. enacted law binds the courts (courts can interpret but cant create law) and case law can be changed by the courts wo sufficient justification (they can interpret the law (its what they say)

2. Enacted Law is cast in authoritative language- it is clear and fixed. Case Law-is open to interpretation. It is flexible. It allows lawyers to manipulate language and make arguments.

public law

Rights, duties and other legal relationships that exist between the government & private persons or governmental entities. Person now =corporations.

public law examples

• criminal law

• constitutional law

private law

Bodies of law that exist between private persons

private law examples

• contracts

• torts

substantive law

Body of Rules that create rights, duties and other relationships

substantive law examples

• family law

procedural law

Addresses the manner in which substantive law is enforced through the courts

procedural law examples

• statues of limitations

• rules of discovery

• arraignment and pleas

Rules can be different from 1 type of law to the next

examples hearsay

stare decisis

a judicial decision binding on future courts

precedent

cases must be decided in a way that is consistent with earlier cases

3 branches of govt

leg

exec

jud

leg

• house + congress

• lawmaking branch

binding law

As long as a Congressional Statute is consistent with the Constitution- that statute binds all persons subject to the laws of the United States

exec

president, agencies, governors

jud

judges, appellate, ect

Separation of Powers

the Executive and Judicial branches are obligated to apply and enforce statutes enacted by Congress

Administrative Process/Law

executive Governments and Agencies are so large- specific regulations have been adopted to enforce statutes.

• Federal regulations can be voided by a court if they are contrary to the legislation or are “arbitrary and capricious”

admin agencies

enforce regulations through procedures that resemble the judicial process and these proceedings create their own case law

the courts

Disputes are initially brought before the Trial Courts

• in the Federal System they are the District Courts

Any court where the 1st claim was made is a
court of

original jurisdiction

limited jurisdiction

has legal authority to hear and decide only specific types of cases, subjects, or monetary amounts

What is the District (Trial) Court?

The first step in the judicial resolution of a legal dispute.

What is a Complaint?

A pleading where the plaintiff alleges facts that entitle them to relief from the court.

What is a Motion (in the context of trial court pleadings)?

A request where the defendant moves to dismiss the case on some legal ground.

What is an Answer?

A pleading where the defendant responds to the allegations in the complaint.

What are the three ways a defendant can respond to alleged facts in an Answer?

• Deny

• Admit

• Unable to respond

Where does a defendant assert an affirmative defense?

In the Answer.

What are Counterclaims and Cross-claims?

• Counterclaim: A claim by the defendant against the plaintiff.

• Cross-claim: A claim by the defendant against another defendant.

District (Trial) Court – Discovery

• Interrogatories

• Request for admissions

• Request for production of documents or things

• Deposition of a witness

• Purposes of Discovery

• Obtain evidence about what happened

• Learn what arguments the other party likely will make

• “Prevent a party from changing its arguments at trial”

Interrogatories

written questions that one party sends to another party to answer under oath during the pretrial

Request for admissions

asks opposing part to admit facts

Request for production of documents or things

relevant to the case

Deposition of a witness

witness questioned under oath outside of court, lawyer asks questions

Purposes of Discovery

1. info: learning opposing party’s facts and arguments

• helps evaluate case strength and settlement

2. prevent surprise: helps prevent parties from challenging evidence/argument at trial

doesn’t completely eliminate surprise

depositional testimony

can be used to challenge a witness credibility if their trial testimony changed

“Prevent a party from changing its arguments at trial

resolving the issue

What is put "at issue" in a legal dispute?

Anything relevant that the parties do not agree on.

What are the two ways issues are decided in court?

By a motion from a party, or by a trial.

What is an issue of fact ("what is the situation?") and how is it resolved?

It asks what happened, and it can only be resolved by a trial.

What is an issue of law ("what are the rules?") and who decides it?

It asks what rules govern the dispute, and it is decided by the judge (usually after a motion)

What are mixed questions of law and fact ("what are the rights and duties?") and who resolves them?

They involve applying the law to the situation, and they are typically resolved by juries

What is the difference between a bench trial and a jury trial in a trial court?

• In a bench trial, a judge hears the evidence and decides the outcome of the case (decides facts, law, application)

• In a jury trial

  • jury decides facts and applies law to facts

  • judge decides law and oversees trial

What is a motion to dismiss for failure to state a claim upon which relief can be granted?

It is a request by the defendant asking the judge to throw out the case because the plaintiff's claims, even if accepted as completely true, do not legally add up to a valid winnable lawsuit.

What is a motion for summary judgment?

It is a request where one party claims the other side cannot win a specific issue because there is not enough real evidence to support a verdict for them, meaning a full trial is not needed for that issue.

court of appeals: standards of review

• de novo

• clearly erroneous

• not supported by substantial evidence

• abuse of discretion

de novo

The Court of Appeals makes its own decision about the issue on appeal

clearly erroneous

With respect to findings of fact in a bench trial, the Court of Appeals “defers” so that it overturns the trial court’s verdict only if the verdict is very clearly wrong.

not supported by substantial evidence

With respect to findings of fact by a jury, the Court of Appeals “defers” so that it only overturns the verdict if it is “not supported by substantial evidence.”

abuse of discretion

Another deferential standard of review

state ceiling, federal floor

state ceiling: can raise past minimum

fed floor: minimum