CH 1: Law and Legal Reasoning

Law

based on a general observation concerning the nature of law

cases on point

previously decided cases that are as similar as possible to the one under consideration

doctrine of laches

Equity will not help those who neglect their rights for an unreasonable period of time. Bringing a case forward in a timely manner.

Uniform Laws

A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part

model statutes

Uniform Laws are also known as:

National Conference of Commissioners on Uniform State Laws

NCCUSL stands for:

adjudicate

to hear evidence and arguments in order to determine and resolve a dispute.

hearing

a proceeding that takes place before a decision- making body. Testimony and other evidence can be presented to help determine the issue

moved to dismiss

means that a party filed a motion (applied to the court to obtain an order) to dismiss a claim on the ground that it had no basis in law

appeal

to request an appellate court to review the decision of a lower court

doctrine

is a rule, principle, or tenet of the law

law

consists of enforceable rules governing relationships among individuals and between individuals and their society

substantive law

law that addresses our rights and our duties

procedural law

law that addresses the enforcement of our rights and duties

constitutions, statutes, administrative rules/regs, and common law

What are the sources of law?

Acts

Statutes are also known as:

Civil Rights Act

Example of a statute:

Constitutions

establishes organization, powers, and limits of governments

US constitution

Is the supreme law of the land and creates a national government

reserves all powers not granted to federal government to the states

What does the 10th amendment do?

State constitutions

creates state governments, highest form of the law within the borders of a state, subject to the US constitution

statutory Law

created by congress and state legislatures (can be federal or state level) and cannot violate constitutional law

Civil Rights Act

Example of a federal statute

Texas Human Rights Act

Example of a state statute

statutes

___ are found in federal and state code of laws (penal, property, probate codes)

ordinances

statutes enacted by municipal/county government, which govern matters not covered by state or federal laws

Uniform laws

take an area of common law and make it a statute, state legislatures may adopt or reject

state statutory law

If a state adopts a uniform law, it becomes part of ___.

UCC (uniform commercial code)

What is the most accepted uniform law

Administrative Law

can have local, state, or federal agencies, and have LARGE amounts of power

rule making, investigating and enforcing, and judging violations of these rules

What are the agency functions of administrative law?

executive agencies and independent regulatory agencies

Federal agencies for administrative law are made up of:

executive

Within the ____ agencies of administrative law, the president can change the secretary. This agency entails the cabinet and departments attached ( Dept of justice/ state/ etc)

Independent Regulatory

Within the ____ agencies of administrative law, there is less power and people serve in fixed terms

common Law

The whole system of justice is based on ___.

English

49 out of fifty states use common law that is based on ___ tradition. (LA = french)

William the Conqueror

Who is termed with the idea of staris decisis (precedence)?

Kings Court

the Courts at Law / remedies at law were also known as:

the king would hear the case if there was a remedy (winner gains something)

Why were courts at law/ remedies at law called the kings courts

Legal Remedies

Remedies at Law are also known as:

compensatory, punitive, and nominal damages

What are the types of legal remedies?

Money

Legal remedies are ___ remedies

Remedy

something of value to solve a problem

special and general damages

What are the types of damages within compensatory damages

special damages

quantifiable losses; the money to make someone whole again

loss of time, loss of money, and property damages

What is included in special damages

General damages

These damages are usually bigger in value

pain and suffering, injury to reputation, mental anguish, disfigurement, and loss of earning capacity

What is included in general damages?

remedies

What is the point of a law suit?

Punitive damages

purpose is to punish wrongdoers, given in addition to compensatory damages

Exemplary Damages

Punitive damages are also known as:

Nominal damages

small amount of money, main goal is to show a violation of law, just want wrongdoer to see the error of their ways and don’t care about the money

Chancellors Court

Courts of Equity/ Remedies at Equity are also known as:

don’t use money as the remedy

Courts at equity/ remedies at equity are used when you:

inadequate

equitable remedies are only available if legal remedies (money damages) are legally ___.

Specific Performance, Injunction, and Rescission

What are the types of equitable remedies (3 to know for now)

Specific Performance

a court order requiring a breaching party to a contract to perform as promised in the contract

involves something rare or unique

Special performance is used when breech of contract:

Selling property- no property like it, we had a deal and you back out. Money compensation is not enough, you want the land

Example of when to use special performance:

Contract Law

Special Performance relates to ___.

Injunction

a court order ordering someone to preform or not preform an action (refrain)

restraining order

Example of an injunction:

Temporary or permanant

injunctions can be: (2)

Temporary injunctions

injunctions that are prior to actual litigation

Temporary

Initially, injunctions will always be ___ and after the time period is up, there must be a trial to decide to make it permanent or to dissolve it.

Permanent Injunctions

injunctions that are after litigation

Recission

an action to undo a contract or agreement

contract law

Recission relates to ___ .

Recission

not a court order because the two parties could mutually agree to walk away, or have a court to decide it

Equitable Maxims

ethical equitable ideas that guide judges in creation of remedies

Statutes of Limitations

Example of Equitable Maxims:

statutes of limitation

time limits on law suits. Every situation (except capital murder) has time limits

2 years

What is the statute of limitations (time limit) for civil wrongs like a car accident?

4 years

What is the statute of limitation (time limit) for breech of contracts?

Stare Decisis

to stand decided on cases (precedence). Judges are guided by cases that have already been decided and are now “standing on those precedents”

William the Conqueror

the idea of precedence was coined by

Court efficiency, more just/uniform system, stable/predictable, learn from the past

What are the 4 functions of stare decisis?

court efficiency

___ is a function of stare decisis because the court has seen similar problems and can make similar decisions faster

more just/uniform system

___ is a function of stare decisis because the courts can treat everyone the same (Think Robin Hood- sheriff lets goons get away with murder and jails poor person for stealing bread to survive)

Stable and Predictable

___ is a function of stare decisis because the courts and attorneys and judges can tell clients how their situation might end based on past cases and decisions

controlling

binding precedent is also known as ___ precedent

binding precedent

Judges are obligated to follow precedents established by the higher courts in their jurisdictions because of the doctrine of stare decisis (TX system follows precedents of TX higher courts)

Persuasive precedent

there is no precedents so courts look at precedents of similar cases in other jurisdictions (nearby states, etc.)

Prior ruling is incorrect or precedence is outdated

What are the 2 reasons to depart from precedents

Plessy v Ferguson, Brown v Board of education, and Dobbs v Jackson Women’s Health

What are the three main cases showing departures from precedents

Plessy v Ferguson

1896- passenger cars were segregated by race, declared races in the US “separate but equal”

Brown v Board of Education

1954- overturned plessy v ferguson; declared “separate but equal” unconstitutional

Dobbs v Jackson Women’s Health

2022- states can decide the right to abortion, overruled Roe v Wade

long standing precedents

Dobbs v Jackson gave the court a lot of power to overrule:

Cases of First Impression

there is no legal precedent on which to base a decision (persuasive)

Persuasive precedents, fairness, legal principles/policies underlying precedents, social values and customs, public policy, and social science data

What are the 6 factors used when the court is faced with a case of first impression or when conflicting precedents exist

Persuasive precedents and fairness

What are the two factors most used in cases of first impression

IRAC (Issue, Rule, Application, and Conclusion)

What is the framework for legal reasoning

IRAC

What are the key facts and ISSUES? What RULES of law apply to the case? How do the rules of law APPLY to the particular facts of this case? What CONCLUSION should be drawn?

Substantive v procedural, public v private, and civil v criminal

What are the three most common classification systems of common law today

Substantive

defines and describes your rights

procedural

method of enforcing your rights

parties involved

private v public classification of common law looks at the:

Public

common law is classified as ___ when the government is involved AT ALL (ex: suing A&M, SEC vs a company)

Private

common law is classified as ___ when the government is NOT involved (car wreck suit or breech of contract)