LGS 200 Exam 1 Review - Abigail Hammond

Stare Decisis has two aspects:

1. A court should not overturn its own precedents unless there is a compelling reason to do so.
2. Decisions made by a higher court are binding on lower courts.

Controlling Precedents

Precedents that must be followed within a jurisdiction; type of binding authority

Binding authority

Any source of law that a court must follow when deciding a case; includes constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

Persuasive authority

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

Procedural Due Process

Procedural due process requires that any government decision to take life, liberty, or property must be made equitably—that is, the government must give a person proper notice and an opportunity to be heard

Small claims court

Special courts in which parties may litigate small claims

Federal court judges

appointed by the president and confirmed by the senate for life

Litigation

The process of resolving a dispute through the court system, many settle

Stages in a typical lawsuit

1. Accident, breach of contract, or other event
2. The party hires a lawyer, who files a complaint and notifies (serves) the defendant
3. Defendant's attorney files an answer or a motion to dismiss
4. Pretrial discovery and more motions, pretrial conference
5. Trial and perhaps posttrial motions and/or an appeal

Pretrial Procedures

the process involves: The filing of the pleadings, Pretrial motions, The gathering of evidence (called discovery), Possibly other procedures

Pretrial Motions

motion to dismiss, motion to strike, Motion to Make More Definite or Certain, Motion for Judgment on the Pleadings, Motion to Compel Discovery, Motion for Summary Judgment

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

Discovery Rules

Only information that is relevant to the case at hand—or likely to lead to the discovery of relevant information—is discoverable.

Pretrial Conference

After discovery has taken place and before the trial begins, the attorneys may meet with the trial judge in a pretrial conference. This is to explore the possibility of a settlement without trial and, if this is not possible, to identify the matters in dispute and to plan a course of the trial

What can laws effect in business

- Contracts
- Intellectual Property
- Torts
- Product Liability
- Sales
- Internet Law, social media, and privacy
- Environmental law and sustainability

Constitutional Law

Laws relating to the interpretation of the Constitution; each state has its own

Regulations Govern:

- a business's capital structure and financing
- a business's hiring and firing procedures
- a business's relations with employees and unions
- the way a business manufactures and markets its products

State and Local Agencies

Often created as parallels to federal agencies, Cannot conflict with U.S. Constitution/Federal Statutes/Federal Regulations, Cannot conflict with state

Case Law

The rules of law announced in court decisions; covers all law not covered by statutory or administrative law

Case law interprets:

- Statutes
- Regulations
- Constitutional provisions
- Other case law

Stare Decisis and the Common Law Tradition

The practice of deciding new cases with reference to former decisions, or precedents, became a cornerstone of the English and American judicial systems and formed a doctrine known as stare decisis

Stare decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

The doctrine of stare decisis:

- Helps the courts to be more efficient
- Makes the law more stable and predictable

Sources of persuasive authority include:

- Precedents from other jurisdictions
- Legal principles and policies underlying previous court decisions or existing statutes
- Issues of fairness, social values and customs, and public policy (governmental policy based on widely held societal values)
- Unpublished opinions (those not intended for publication in a printed legal reporter)

Legal reasoning

The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases

The basic steps of the legal reasoning process are commonly referred to as the IRAC

1. Issue—What are the key facts and issues?
2. Rule—What rule of law applies to the case?
3. Application—How does the rule of law apply to the particular facts and circumstances of this case? • Case on point - A previous case involving factual circumstances and issues that are similar to those in the case before the court.
4. Conclusion—What conclusion should be drawn?

Classifications of Law

The law may be broken down according to several classification systems

Substantive law

Law that defines, describes, regulates, and creates legal rights and obligations

Procedural law

Law that establishes the methods of enforcing the rights established by substantive law

Private law and public law

- Private law concerns relationships between private entities
- Public law addresses the relationship between persons and their government

Other classifications

- Federal
- State
- National law
- International law

Civil Law

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

Criminal Law

The branch of law that defines and punishes wrongful actions committed against the public

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Privileges and Immunities Clause

A clause in Article IV, Section 2, of the U.S. Constitution that requires states not to discriminate against one another's citizens;
He or she may not be denied such privileges and immunities as Legal protection, Access to courts, Travel rights, Property rights

Full Faith and Credit Clause

A clause in Article IV, Section 1, of the U.S. Constitution that 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

Legislative Branch

Makes laws

Executive Branch

Enforces the laws

Judicial Branch

Interprets the laws

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

Commerce clause

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce

Commerce clause cont.

• Prevents states from establishing laws and regulations that would interfere with trade and commerce among the states
• Provides the basis for the national government's extensive regulation of state and even local affairs
• Has had a greater impact on business than any other provision in the Constitution
• Applies to commerce between the states (interstate commerce)
• Applies to commerce within the states (intrastate commerce) as long as the commerce substantially affects commerce involving more than one state

Supremacy clause

The provision in Article VI of the U.S. Constitution provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."
• State and local laws that directly conflict with federal law will be rendered invalid.

Preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

Congressional Intent

The courts determine whether Congress, in passing a law, intended to preempt an entire subject area in situations in which it is not clear

Substantive Due Process

Substantive due process limits what the government may do in its legislative and executive capacities

Fundamental Rights

- Interstate travel
- Privacy
- Voting
- Marriage and family
- All First Amendment rights (religion or speech)

Equal protection clause

The provision in the Fourteenth Amendment to the U.S. Constitution guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws."

Strict Scrutiny

If a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to "strict scrutiny" by the courts

Intermediate Scrutiny

Intermediate scrutiny is applied in cases involving discrimination based on gender or legitimacy (children born out of wedlock)

The "Rational Basis" Test

In matters of economic or social welfare, a classification will be considered valid if there is any conceivable rational basis on which the classification might relate to a legitimate government interest

Privacy Rights

The U.S. Constitution does not explicitly mention a general right to privacy, but the Supreme Court ruled that a constitutional right to privacy is implied by the First, Third, Fourth, Fifth, and Ninth Amendments

Origins of Judicial Review

The United States Supreme Court explicitly established the power of judicial review in 1803 in the case Marbury v. Madison. It is exercised by both federal and state courts

Basic Judicial Requirements

• Jurisdiction
• Venue
• Standing to sue

Jurisdiction

Jurisdiction is defined as "the authority of a court to hear a case and decide a specific action."

Venue

The geographical district in which an action is tried and from which the jury is selected.
• Venue in a civil case typically is where the defendant resides or does business
• Venue in a criminal case normally is where the crime occurred

Standing to sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit

3 Standing Elements

1. Harm- The party bringing the action must have suffered harm—an invasion of a legally protected interest—or must face imminent harm. • Must be tangible/real and not hypothetical
2. Causation- There must be a causal connection between the conduct complained of and the injury.
3. Remedy-It must be likely, as opposed to merely speculative, that a favorable court decision will remedy the injury suffered.

Trial Courts

Trial courts are courts in which trials are held and testimony is taken

State Trial Courts

Have either general or limited jurisdiction.
• Trial courts that have general jurisdiction as to subject matter may be called county, district, superior, or circuit courts.
• State trial courts have jurisdiction over a wide variety of subjects, including both civil disputes and criminal prosecutions.
• In some states, trial courts of general jurisdiction may hear appeals from courts of limited jurisdiction.

Appellate or Reviewing Courts

Every state has at least one court of appeals (appellate court, or reviewing court), which may be an intermediate appellate court or the state's highest court

Question of fact

Question of fact - An issue involving a factual dispute. A question of fact can be decided by a judge or a jury.

Question of law

An issue involving the application or interpretation of a law. Only a judge, and not a jury, can decide a question of law.

Highest State Courts

The highest appellate court in a state is usually called the supreme court but may be designated by some other name. The decisions of each state's highest court on all questions of state law are final.
• Only when issues of federal law are involved can the United States Supreme Court overrule a decision made by a state's highest court.

The federal court system is basically a three-tiered model

1. U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction
2. U.S. courts of appeals (intermediate courts of appeals)
3. The United States Supreme Court

Alternative dispute resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process. (1) Negotiation,
(2) mediation
(3) arbitration is a form of ADR.

Right to Jury Trial

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial for cases at law in federal courts when the amount of controversy exceeds $20.

Statutory Law

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

Statutory Conflicts

Tension may sometimes arise between federal, state, and local laws.

Ordinances

A law passed by a local governing unit, such as a city or a county

Federal and State Statutes

Federal- Passed by congress
State- Passed by a state legislature and applies only within the state's borders.

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

Uniform Commercial Code

Facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

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

Federal Agencies

Organizations that deal with a specific area of interest for the federal govt

Executive Agencies

Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads typically serve at the pleasure of the president and can be removed at the president's discretion.

Independent Regulatory Agency

An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president.