Legal Systems and Court Procedures: Public, Private, Common, Civil, and Criminal Law

Rule of Law

Laws are made generally and equally applicable.

Principles of rule of law

Accountability, clarity, fair process, and timely justice

Property

The right to exclude others from resources

Common Law

US method that emphasizes judges' role in deciding meaning. Allows for greater clarity and stare decisis (precedent stands)

Cons of common law

High case volume, conflicting precedents, overturning precedent, holding vs. dicta (strict relevance vs. tangential/unnecessary info)

Civil law

Relies on legislation to make laws. Judges are not obligated to follow precedent.

Public law

Regulation of society where government regulates society. Includes property law, admin law, and criminal law.

Areas of law under public law

Property law, admin law, and criminal law.

Private law

Regulation of private resources . Includes property law, contract law, and tort law.

Areas of private law

Property law, contract law, and tort law

Civil law (vs. criminal)

Sue for damages. (i.e. breach of contract or tort)

Criminal law

Government brings suit for wrong against society.

Substantive law

Defines rights and duties

Procedural law

Defined method and means for substantive law administration (i.e. SoL)

Reading case citations - 675 F.3d 23 (2014)

675 volume, F.3d reporter, 23 page, (2014) year decided

Trial Court Judges

Determine applicable laws, observe, apply constitutional limits and guarantees, determine admissible evidence, find facts (when jury waived)

Appellate court judges

Decide appeals and write opinions, which becomes precedent. Issues of law not fact.

Jury duty eligibility

1. US Citizen

2. 18 years old

3. Proficient in English

4. Resident of summoning county

5. Not served in past year

6. Not under conservatorship

7. Civil rights restored if convicted felon

Juries

Fact-finding body guaranteed by BoR. Between 6-12 people.

Subject matter jurisdiction

Power over issues involved in a case.

General jurisdiction

Able to hear any type of case

Limited Jurisdiction

Power to hear certain types of cases (i.e. traffic, juvenile)

Trial courts

Determine facts and law (a.k.a. Superior, Circuit, District)

Writ of Certiorari

Request for supreme court review.

Federal courts can review

1. Constitutional issues

2. Federal statute issues

3. No money limit

4. U.S. as a party

5. Disputes among states

6. Suits with DoC (each claim >75000)

Federal rules of Civil Procedure

Procedural law for litigation in Federal court.

Federal appellate courts

12 appellate courts and 1 special appeals

Marbury v. Madison

Granted power of judicial review

Standing to sue (and requirements)

The legal right to sue.

1) Legal wrong has occurred

2) You were personally harmed

Personal jurisdiction (and when this happens)

A submission to the court's power.

Defendant - when summoned and served.

Plaintiff - when they file with the court.

Long-arm Statutes

Can serve outside of state lines given:

1. Due process is followed

2. Minimum contacts test passed

Minimum contacts for the long-arm statutes

1. Committed Tort within state

2. Own property in state

3. In contract or engaged in business within state

Jurisdiction in criminal cases

1. Crime committed in state

2. Jurisdiction is obtained by arrest

3. Extradition

Class action suit certification requirements

1. Class is so numerous

2. Commonality

3. Claims are similar

4. Representative protects class interests

Pretrial procedures order

1. Plaintiff files

2. Summons served

3. Defendant files defense/counterclaim

4. Court rules on motions

5. Plaintiff files reply

6. Attorneys conduct discovery

7. Parties can file motions for summary judgment or judgment on the pleadings

8. Court conducts pretrial conference

Methods of discovery

1. Interrogatories - written questions

2. Production of documents

3. Depositions

Motion to compel discovery

Used if other side refuses to produce evidence

Motion to dismiss

Based on procedural issues

Motion for judgment on the pleadings

Based solely on the complaint and answer

Motion for summary judgment

No factual disputes exist, judge uses pleadings and evidence.

Motion in Limine

Excludes evidence from trial

Trial steps

1. Voir Dire (jury selection)

2. Opening statements

3. Plaintiff presents evidence via witnesses

4. Defendant moves for directed verdict/judgment

5. Defendant presents evidence via witnesses

6. Closing arguments

7. Court instructs jury

8. Jury deliberates and comes to verdict

9. Judge enters judgment on verdict

10. Losing party files posttrial motion

Motion for directed verdict

Judge determines there is no reason for jury to decide differently than the judge. Defendant wins by default.

Standards of Certainty (Civil Cases)

1. Preponderance of evidence (more likely than not)

2. Clear and convincing evidence (stronger than 51%)

Standard of Certainty (criminal cases)

Beyond a reasonable doubt

Motion for judgment notwithstanding

Judge believes reasonable people would not agree with verdict

Motion for new trial

Granted for legal mistakes

Appeals steps

1. Notice of appeals filed

2. Briefs filed

3. Oral arguments

4. Court announces decision

5. Further review by petition

6. Higher court accepts/denies request

7. Final decision

Brief

Short description of case by each party and arguments for reversal.

Oral arguments

Attorneys orally explain position to court. Vote of judges' impressions taken after and opinion is drafted.

The Constitution established (3 things)

1. Separation of powers

2. Federalism

3. Ratification procedures

Federalism

Recognition of power differences between states and federal government. (also reserves states' self-governance)

Supremacy clause

Constitution is supreme law, then federal, then state law

Preemption

Higher levels of government claims an area of law that states cannot interfere with.

Concurrent power

If an area of law is not preempted, state and federal governments can regulate it together.

Commerce clause

Congress regulates commerce with:

1. Foreign nations

2. Among states

3. With Indian tribes

Limits to a state's police powers

Cannot conflict with regulation of inter/intrastate commerce.

Dormant commerce clause

States cannot pass laws that overburden interstate commerce.

1st Amendment - Religion

Establishment - cannot favor or endorse one religion over another.

Free exercise - cannot prevent someone from practicing their religion.

1st Amendment - Speech

Covers verbal, written, and symbolic. Doesn't cover defamation, threats, hostility, or obscenity.

Overbreadth doctrine

Restrictions on speech must be narrowly drafted.

1st Amendment - Commercial speech

Intends on earning revenue. Not protected to the same extent as individual speech.

1st Amendment - Press

Limits prior restraints on speech. Libel recovers defamatory damages afterwards.

Fifth Amendment

Eminent domain. Public use, just compensation.

Fourteenth Amendment

Equal protections and due process.

Substantive due process

Requires government justification for actions under 14th amendment.

Procedural due process

Regards proper notice and hearing(s) under 14th amendment.

Equal protections tests - Minimum rationality

is it related to a legit government objective? (i.e. height, weight, age, testing)

Equal protections tests - Quasi-strict scruity

is it substantially related to important objective? (i.e. gender)

Equal protections tests - Strict scrutiny

is it necessary to achieve compelling state interest? (i.e. race, fundamental rights, national origin)

Walmart v. Dukes

Class action of 1.5M female employees. No commonality.

Tinker v. Des Moines School

Violation of 1st amendment to suspend students for black armbands.

Near v. Minnesota

Publication about state officials blocked. Government cannot censor press.

Kelo v. New London Connecticut

Taking of property to better the economy satisfies public use requirement.