Law

The Constitution

The Constitution

The supreme law of the land that all following laws are based upon.

Ethics

Every business decision has an ethical dimension, ethics and the principles of ethics are involved in every decision you make

Stare Decisis

We want courts to consistently decide legal issues, so we all know if we have that fact how it is going to affect us.

When should a court overturn a precedent?

Court should never overturn a precedent unless there is a compelling reason to do so (Plessy v. Ferguson and Brown v. Board of Education)

Federal Statutes

A federal statute is passed by Congress and applies to all states. It is a form of statutory law.

Statutory Law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

What are the two sources of law and which do judges go to make decisions?

Primary and secondary law. Judges go to the primary sources of laws to make decisions. 

Primary sources of law

Constitution, statutory law, regulations by administrative agencies, case law & common law doctrines

Secondary sources of law

Books and articles that summarize and clarify the primary sources of law

Administrative law

The body of law created by administrative agencies in order to carry out their duties and responsibilities. If you look at the list of things regulations can govern, they can impact on every part of your business. Almost every aspect of your business is affected by administrative law

Administrative agency

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

Uniform Law

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. Each state has the option of adopting or rejecting all or part of a uniform law. If the state adopts the law, it becomes statutory law in that state.

UCC

The Uniform Commercial Code (UCC) facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions. Every state has adopted the UCC.

When is a state constitution enforcable and not enforcable?

A state constitution is supreme within the state’s borders Unless it conflicts with the U.S. Constitution or a federal law

Privileges and immunities clause

Requires states not to discriminate against one another’s citizens. Under this clause, a resident of one state cannot be treated as an alien when in another state

Full faith and credit clause

Provides that “Full Faith and Credit shall be given in each state to the public Acts, Records, and Judicial Proceedings of every other State.” Ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.

Enumerated powers

The Constitution sets forth specific powers that can be exercised by the federal government and provides that the federal government has the implied power to undertake actions necessary to carry out these powers (allows congress to draft laws for these enumerated powers). All other powers are reserved to the states under the Tenth Amendment to the U.S. Constitution

Bill of Rights

First 10 Amendments of the U.S. Constitution

Checks and balances

The system by which each of the three branches of the national government (executive, legislative, and judicial) exercises checks on the powers of the other branches. Legislative makes laws, executive enforces, judicial interprets. An example is the legislative branch (Congress) can enact a law, but the executive branch (the
president) has the constitutional authority to veto that law.

In personam jurisdiction

Court jurisdiction over the “person” involved in a legal action; personal jurisdiction

Can a court exercise jurisdiction over any person it wants to?

No. There has to be reasons

Standing to sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. In this you must show you suffered a harm, must show causation, and there has to be a remedy.

Judicial requirements

Jurisdiction, venue, and standing to sue

Where are corporations considered a citizen?

Corporations are considered a citizen where theyre incorporated/registered

Jurisdiction of federal courts

Federal courts only have jurisdiction when a federal question is involved and when there is a diversity of citizenship

Diversity of citizenship

A basis for federal court jurisdiction over a lawsuit between citizens of different states, a foreign country and citizens of a state or different states, or citizens of a state and citizens or subjects of a foreign country. Amount must be ^$75000 for federal courts to take jurisdiction

Judicial review

The process by which courts decide on the
constitutionality of legislative enactments and actions of the executive branch. Every single court has the right to review facts/law and decide whether or not it applies

If you have multiple states in a diversity case what law would the federal court apply?

The law of whatever venue the case comes from, if that state has the most interest it will only apply that states law and will apply it to everyone, it will not use multiple state laws. If a court in a federal system is looking at a case that involves the U.S. Constitution it will apply federal law.

Procedural rules

The parties to a lawsuit must comply with the procedural rules of the court in which the lawsuit is filed. Failure to follow these rules can affect your case.

Affirmative defense

A response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiff’s legal right to bring an action. An example is the running of the statute of limitations

Complaint

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit. Contains a brief statement of facts upon which the court can know whats going on and so the person youre suing knows what youre suing them for and concerns jurisdiction, legal theory, and remedy

Pretrial motions

A written or oral application to a court for a
ruling or order, made before trial.

Motion to dismiss

A motion that asks the court to dismiss the case for a specified reason, such as lack of personal jurisdiction or failure to state a claim.

Under a specific provision of the US Constitution, can Delaware create rights for its citizens which are not granted to residents of other states. If so, how? If not, why?

No, Delaware cannot create rights for its citizens which are not granted to residents of other states. This is because of the privileges and immunities clause which requires states not to discriminate against one another’s citizens. Under this clause, a resident of one state cannot be treated as an alien when in another state, therefore Delaware isn’t allowed to create rights for citizens which are not granted to residents of other states.

Is enforcement of out of state judgements possible and and which constitutional provision, if any, applies to this?

Enforcement of out of state judgements is possible through long arm jurisdiction and through certain cases in cyber jurisdiction. Courts exercise personal jurisdiction over an out-of-state defendant through long arm jurisdiction when the states have the minimum contact/reason to gain personal jurisdiciton and they exercise personal jurisdiction over an out-of-state defendant through cyberspace jurisdiction in cases where the defendant conducts substantial online buisness and in some cases when there is some interactivity through a website. Courts cannot exercise personal jurisdiction in long arm jurisdiction when they do not have the minimum contact/reason necessary to gain personal jurisdiction and in cyberspace jurisdiction when a defendant merely engages in passive advertising.

Can you settle a case anytime you want?

Yes.