BLAW 2301 Exam

What is a law?

A rule that society is willing to enforce.

What would happen if there were no laws?

Chaos.

United States Constitution

-Establishes Congress, the Presidency & Courts (branches of Govt.)
-Gives to states powers not given to Fed. govt.
-Guarantees basic rights to all citizens

State Constitutions

Create state executive, legislative & judicial systems

Statutes

-Laws passed by fed. & state govt.s(Legislative body)
-Different state statutes gave rise to model statutes

Common Law

-Precendent:The rule of law that comes out of a particular case.
-Doctrine of Stare Decisis: Future courts to be bound by precedent.

Administrative Law

Law created by Agencies

Court Orders

Judges can place binding obligations on people or companies.

Equity

Courts may issue rulings such as injunctions to provide an equitable remedy.

Sources of Contemporary Law

-US Constitution
-State Constitution
-Statutes
-Common Law
-Administrative Law
-Court Orders
-Equity
-Treaties & Executive Orders

Criminal Law

-Dangerous behavior outlawed by society
-Govt. prosecutes accused
-Guilt is determined
-Punishment or fine is imposed

Civil Law

-Regulated rights & duties between parties
-Victim, not govt. brings suit
-Guilt not determined
-Compensation, or equitable relief, is ordered.

Kuehn v. Pub Zone

Plaintiff(the party who is suing)-Kuehn
Defendant(the party being sued)-Pubzone
364 N.J Super.301,835 A.2d
692(Superior Court of New Jersey, Appellate Division, 2003) - Legal citation(where to find the case in a law library)

Pub Zone Case Summary

PubZone posted a sign preventing gangs from wearing their "colors" in order to prevent fighting in the tavern. A group called the Pagans came in wearing their colors and their owners lets them stay for 1 drink. Upon leaving, they followed a man Karl Kuehn to the restroom and physically assaulted him to the point he had to have eye reconstruction surgery. Kuehn sued Pubzone and the jury awarded him $300,000, however the judge overruled the verdict. He granted the ruling to Pubzone and backed it by saying they had no way of foreseeing the attack.

Some _______ acts are ________

legal;unethical

The Role of business in society

Milton Friedman argued that a corporate manager's primary responsibility is to the owners of the organization or shareholder's. Others believe that corporations should instead consider all company StakeHolders, not just shareholders.

There is little evidence that ethical behavior ________ profits or that unethical behavior _______ profits..... so why bother with ethics?

Increases; decreases

Society benefits from encouraging

economic competition

People feel better when they behave

ethically

Unethical behavior can be

Costly

Theories of Ethics

The choice between doing right and getting the right result has been the subject of much philosophical debate.

Theories of ethics include:

-Utilitarian ethics
-Deontological ethics
-Rawlsian justice
-Moral Universalism & Relativism

Ethic traps

Create great temptation to do what we know to be wrong or fail to do what we know to be right.

Examples of ethic traps

-money
-competition
-conflicts of interest
-conformity
-blind spots
-The fact that we can't be objective about ourselves

Avoiding Ethics Traps

-Slow down
-Don't trust your first instinct
-Remember your Life Principles

3 responses to Unethical behavior

-loyalty
-exit
-voice

Ethical behavior offers significant advantages

Society as a whole benefits;Executives who behave ethically have happier, more fulfilled lives; & unethical behavior can destroy a company.

3 sources of law

-common law
-statutory law
-administrative law

Doctrine of Stare Decisis

"let the decision stand"

What duty does a bystander owe someone in an emergency?

-common law rule
-statutory changes
-good samaritan laws

Statutory Laws

A written law passed by a body of legalization.

How new laws are made:

1.)Any member of Congress(Senator or Rep.) can initiate a bill, or proposed law.
2.)Bill is debated in a committee in the house where it was introduced.
3.)From the committee, it goes to the full house for a vote.
4.) If it passes both houses this was, it goes to the President for his signature.
5.)President's signature turns bill into law.

Why are bills proposed?

-New issues or new worries
-Unpopular judicial rulings
-Criminal Law

Why might a court need to interpret a statute?

Sometimes wording is ambiguous, either by oversight, or intentional.

How do courts do interpretations?

1.) Plain meaning rule
2.) Legislative History & intent
3.) Public Policy

Plain Meaning Rule

The courts must use the common sense definition of words.

Legislative History & Intent

Sometimes the court can look to the reasons behind the law to determine the legislators' intent.

Public Policy

The courts will use accepted social policies, such as reducing crime or providing education to interpret a law.

Administrative Law

Federal agencies have the power to make regulations.

Why do we have agencies?

To do the work of the laws that are passed.

How are agencies created?

The initial law will create the agency by enabling legislation.

The Administrative Procedure Act regulates

agencies

Executive Federal Agency

Part of the executive branch:
-Department of Education, Department of Energy, Department of the Treasury, Department of State, Department of Justice

Independent Federal Agency

Not part of executive branch:
-Federal Communications Commission(FCC), Environmental Protection Agency(EPA), Securities & Exchange Commission, Federal Communications Commission(FCC)

Key difference between the 2 types of agencies?

The president can fire the head of an executive federal agency with or without cause but with independent agencies the leadership can only be fired with good cause.

Subpoena

an order to appear at a hearing & produce evidence, sometimes documents.

Limits on Agency Power

statutory control, political control, judicial review, Informational control & the public

Statutory Control

The enabling legislation that created the agency places controls on it through requirements and restrictions.

Political Control

The President has control over agencies through political pressure and through nominations of agency heads.
Congress controls the budgets of agencies. They can eliminate funding for any program or an entire agency.
Congress can amend enabling legislation to place limits.

Informational Control & the public

The Freedom of Information Act (FOIA) -- allows any citizen to request information from an agency.

Executive orders are valid for as long as...

the next president rescinds it.
1.)Can only have an executive order over what the president has authority to do.
2.)As long as it is not rescinded, it stays in place.

The result of the Articles of Confederation

The Constitution-A series of compromises
* Separation of powers & checks & balances
* Federalism
* Individual Rights-led to Bill of Rights(demanded by the people)

Bill of Rights

1.) Freedom of religion, speech, press, assembly & petition.
2.) Right to keep & bear arms.
3.) No quartering of soldiers.
4.) Freedom from unreasonable searches & seizures.
5.) Right to due process of law, freedom from self-incrimination, double jeopardy.
6.) Right to a speedy trial(public).
7.)Trial by jury.
8.)Cruel & unusual punishment.
9.) Other rights of the people.
10.) Power reserved to the states.

Article 1, Section 8

Powers of Congress

enumerated powers

The powers explicitly given to Congress in the Constitution.

Article 1 establishes Congress w/ ____ houses

2

Examples of Congressional powers

-declaring war

-coining $

-To make all laws which shall be

-to borrow $

-to provide & maintain a navy

States are responsible for anything NOT listed in

the Constitution

Commerce Clause

"To regulate Commerce w/ foreign nations & among the several states & w/ the Indian Tribes."
-Gibbons v. Ogden(1824)

Substantial Effect Rule

Wickard v. Filburn(1942)-Stabilizing wheat & limiting farmers

U.S. v. Lopez (1995)

Lopez was arrested for carrying a concealed firearm into school under a law made by Congress which prohibits concealed weapons in school zones in relation to the Commerce Clause. Result: Gun possession does not have a significant economic effect on interstate commerce and therefore the law is unconstitutional. - exceeds power under the commerce clause-1st time commerce clause was restricted.

Supremacy Clause

Is it in conflict w/the Constitution?

If there is a conflict between a federal & a state statute, the ___________ statute controls the issue & the __________ statute is void.

federal;state

Even w/ no direct conflict, fed. law will _________ if the issue is one that Congress controls exclusively.

Prevail

State law prevails only when there is no opposing _________ law & no exclusive federal control.

federal

Article 2, Section 1

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term.
-Article 2 defines the powers & responsibilities of the President-in general he is to enforce the nations laws.

Article 3

Creates the Supreme Court & permits Congress to create lower federal courts.

Federal courts have 2 key functions

adjudication and judicial review

Adjudication

Fed. courts are responsible for hearing fed. cases.

Judicial Review

Allows the court to determine the constitutionality of laws/Is it in conflict w/ the Consitution?

Who are the Supreme Court Justices?

Samuel Alito, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, Anthony Kennedy, John Roberts, Antonin Scalia, Sonia Sotomayor, Clarence Thomas

How long are Supreme Court justices appointed for?

life

The 1st amendment states

"Congress shall make no law...abridging the freedom of speech."

What is covered by the 1st amendment?

Private companies can tell you what you can/cannot say but not the govt. ; freedom of expression protected; online speech protected

Limitations of the 1st amendment

Inciting violence, lying under oath, defamation, threats, (hate speech is protected); time, place & manner

5th Amendment

due process and the takings clause
- "No person shall be... deprived of life, liberty, or property w/o due process of law; nor shall private property be taken for public use, w/o just compensation."

Procedural due process

How long are you held, fair & impartial judge & jury. Right to an attorney.

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Takings Clause

Govt. can take property for use.
Ex: border wall, pipeline

14th Amendment

Equal Protection- "No state shall deny to any person within its jurisdiction the equal protection of the laws."

Standards:
Minimum scrutiny-
Intermediate Scrutiny-
Strict Scrutiny-

min- Econ. & Social relations
Intermediate- Gender
Strict- Race, ethnicity, fundamentals

Gill v. Anagnost

A man posted a billboard that accused 3 men of killing children, selling guns & drugs on a public highway.

A defamatory statement was made. The plaintiffs were successful.

Defamation- Libel vs. Slander

Libel-Tangible in form; print, writing, or pictures
Slander-Intangible in form; spoken words or gestures

4 elements needed to win a defamation suit

1.)False statement purporting to be fact.
2.) Publication or communication of that statement to a 3rd party.
3.) Fault amounting to at least negligence.
4.) Damages &/or some harm caused.

Are public figures treated differently with defamation cases?

Yes. They have to prove that a defamation statement was made w/ actual malice or w/ reckless disregard for the truth.
Ex: Johnny Depp & Amber Heard with the abuse allegations;Rebel Wilson and the magazine that claimed she lied about her age

False Imprisonment

the restraint of someone against their will and without reasonable cause.
Most commonly found in shoplifting.

Must meet 2 requirements for false imprisonment

1.)Reasonable basis for detention
2.) Detention/restraint has to be done in a reasonable way.

Most courts allow a plaintiff to recover from a defendant who intentionally causes emotional injury. Behavior must be _____________ & ________________. It must have also caused ___________ ____________ ___________.

extreme & outrageous; Serious emotional harm (difficult to prove sometimes).

Trespass

Intentional entering of someones land & remaining after being asked to leave.

Conversion

Taking or using someone's personal property without consent (civil law version of theft)

Fraud

injuring another person by deliberate deception

Compensatory Damages

A jury may award compensatory damages-payment for injury-to a plaintiff who prevails in a civil suit (for victims-economic-special and noneconomic-general)
Damages may include $ for different purposes.

Punitive Damages

Compensatory damages help the victim recover what was lost & punitive damages are intended to punish the wrongdoer.

Mcdonalds Case

Media portrayed it as an old woman spilled coffee on herself and won 3 mil. Actually, Stella Liebeck spilled the coffee when trying to open it to pour creamer in the parking lot in the passenger seat while the car was parked. The coffee was 170-180 degrees and it went through her sweatpants, she suffered 3rd degree burns on her legs. She tried to settle 18 times for her injuries and lost wages ($18000) but MCDs said no so she sued. MCDs had 800 complaints og the hot coffee so thats where the punitive damages came from. the 3mil was 2.7 punitive damages, 300,000 compensatory damages.

In most cases, a jury can award whatever seems ___________ for economic damages

Reasonable

_____________ have been places on noneconomic damages

limits

In some states, _______________ awards have similar caps

punitive

Caps on damages for negligence is

$250,000

Rule of thumb for punitive damages

Punitive damages are going to be limited to 9 times compensatory damages(not always)

Torts can also be committed against businesses because

they are considered a persons