Legl 2700 Exam 1

Law

Formal social force backed by enforcement

Rule of Law

Laws apply to everyone the same way

3 Elements of Law

Laws are clear, accessible, stable, and just

Common Law Society/System of Justice

Judges determine meaning of laws and how they apply to different situations

Stare Decisis

"Let the prior decision stand"

Classification of Laws

Divided into Civil and Criminal categories

Civil Law

Dispute between private individuals/parties

Criminal Law

Government action against an individual for an act against society

Contract Law

Breach of Contract: failure to keep promises made under a legally enforceable agreement

Torts

Civil wrong other than a breach of contract

Parties in Civil Law

Plaintiff vs Defendant

Parties in Criminal Law

Government vs Defendant

Substantive Law

Defines legal relationships between people and between people and state

Procedural Law

Method and means by which substantive law is created and administered

Federal Law

Created by federal government and applies across US

State Law

Created by state government and applies within that state

Federal Sources of Law

Includes US Constitution, Legislation, Administrative Law, Judicial Decisions

Administrative Agencies

Created for specificity, expertise, protection, regulation, and services

Functions of Administrative Agencies

Rule Making, Adjudicating, Advising, Investigating

Judicial Decisions

Written decisions of judges

Precedent

Prior judicial decision relied on by next judge

Citations

Reference showing how to find a case

Sources of Law Hierarchy

US Constitution, Statutes of Congress, Federal Administrative Regulations, State Constitutions, State Statutes, State Administrative Regulations, Local Ordinances, Case Law

Legal Sanctions

Methods used by law enforcement/courts to encourage or force people to follow law

Criminal Conduct Sanctions

Death, Imprisonment, Fines

Tortious Conduct Purpose

Compensate with Money Damages - Compensatory and Exemplary/Punitive Damages

Breach of Contract Damages

Compensatory Damages and Equitable Relief

Equitable Relief Examples

Rescission and Specific Performance

Attorney Client Confidentiality

Attorney cannot disclose info given to him by client

Types of Judges

Trial, Appellate, Justices - Highest Appellate

Types of Juries

Petit and Grand

Petit Jury

Issues a verdict, decides a case, Guilty vs not guilty

Grand Jury

Investigative for the state, There's enough evidence to charge a crime

Right to a Trial by Jury

Criminal - 6th Amendment, Civil - 7th Amendment

Organization of Court System

3 Types - In Federal and State Courts

Trial Courts

Entry Level

Magistrate Court

Small claims

Probate Court

Wills

Municipal Court

Small Traffic/ local Ordinances

Juvenile Court

Handles cases involving minors

Business Court

Complex Business Disputes

State Trial Court

Most cases, Misdemeanors, Civil disputes

GA Superior Court

Most cases, Felonies, Real estate & family, Civil disputes

Federal Trial Courts

US District Court, One in every state & District of Columbia

Federal Appellate Courts

Circuit Court of Appeals

Georgia Appellate Court

Georgia Court of Appeals: 3-5 Judges

Supreme Courts

Final Appellate Court

GA Supreme Court

Highest Court in the State 7-9 Judges

Supreme Court of the United States

9 Justices, Only hear cases with a federal question which is constitutional issues or interpretation of federal law

9 SCOTUS Judges

• John G. Roberts, Jr. - Chief Justice

• Clarence Thomas

• Samuel A. Alito, Jr.

• Sonia Sotomayor

• Elena Kagan

• Neil M. Gorsuch

• Brett M. Kavanaugh

• Amy Coney Barrett

• Ketanji Brown Jackson

SCOTUS can be an entry level court if:

• Disputes between states

• Involving reps of foreign nations

• Where the US is a Party

Writ of Certiorari

Procedure/app for requesting a second review

Subject Matter Jurisdiction

The power of every court to handle its cases

Federal Subject Matter Jursidiction

• If the US is a party

• Diversity of Citizenship

Diversity of Citizenship

• If all plaintiffs and defendants are from different states

  • Case has to be worth more than $75,000 dollars

Switching Between Courts

You can't switch between state and federal pipelines

Litigation

Helps business community resolve disputes

Case

Triggering event that injures person or damages their property

Litigation Hold Letter

Ur on notice we are filing a lawsuit, you gotta keep everything we and you think is relevant to the case safe, if not its called spoliation/negative interference

Find an Attorney

Hourly flat rate or percentage of recovery

Standing

Plaintiff must prove standing to sue

To Prove Standing

Actual case or controversy or Plaintiff has personal stake

Agency Law

The common law doctrine controlling the relationship between principals and agents

Principle (Company)

Is always liable for torts committed while agent (employee) is doing official duties: employee engaged in furtherance of business of employer and acting with authority from employer

Exception: "Frolic and Detour"

To and from work or anything personal

Jurisdiction

Court's power/authority to enter a judgement against person or property, have to have subject matter and personal jurisdiction

Subject Matter Jurisdiction

Can court make a decision on this case type/subject?

Personal Jurisdiction

Does court have right to force defendant to attend trial and bind them to the decision?

3 ways to establish Personal Jurisdiction

Consent, In personam jurisdiction, minimum contacts

In Personam Jurisdiction

does person live in jurisdiction, usually state

If out of state

“minimum contacts” court sees if defendant “purposefully availed themselves of resources of the state” - did they use resources from the state

Venue

Which County Courthouse? Most convenient and practical location

Typically venue is

• Where defendant resides

• Where substantial part of events occurred

• Where witness and evidence are located

Complaint

Lawsuit filed with clerk of court containing allegations by plaintiff

What does complaint set out?

• Parties

• Jurisdiction

• Venue

• Facts

• Legal theories

• Request for relief

Answer

Written response to complaint by defendant either admitting or denying allegations

When do you have to file an answer?

Defendant will know they have to file an answer when they get served

Service of Process (Types of getting served)

2 Types: Personal Service and Substituted Service

Personal Service

handing it to defendant, most states allow service by mail

Substituted Service

leaving complaint at defendant’s home with someone who resides there “of suitable age” (someone over 14)

Default Judgements

Defendant fails to file an answer and defenses with the court, trial goes forward w no defense and damages only are decided

Discovery

Process by which both sides learn/discover all facts of case

Discovery methods

Interrogatories, Request for Production of Documents, Depositions

Interrogatories

Written question to other side asking them something and they have 30 day to answer

Alternative Dispute Resolution

Alternative to trial with judge and jury

Mediation

Mediator is a facilitator, non-binding unless parties agree

Arbitration

Arbitrator acts like a judge and decides, binding on parties, usually comes when you signed an arbitration agreement

Trial

Jury Summons and Jury Selection

Voir Dire

asking prospective jurors questions, means “to speak the truth”

Strikes/ challeneges for cause

unlimited, juror isnt unbiased for this case

preemptory strikes/challenges

limited number, any reason (not discriminatory),

Burden of Proof in Georgia

Criminal: Beyond a reasonable doubt; Civil: Preponderance of the evidence (>50%)

Evidence

Everything gathered during discovery

Direct Evidence

Directly proves/disproves a fact, without any inference

Circumstantial Evidence

Requires listener to make a judgement on the importance of the evidence and make an inference as to what it means

Verdict and Appeals

Verdict: decision of the jury; Appeals: losing parties have right to appeal case to higher court, 30 days to file appeal

Criminal Verdict

Guilty vs Not Guilty

Civil Verdict

Liable vs Not Liable

Outcomes of an Appeal

Affirm, Reverse, Remand: disagree with something that happened but not full reversal so its tried again

Res Judicata

A Matter Judged, decision of court is final