legal - exam #1 (ch. 1, 3, 4, 6)

Plaintiff

The party that files a lawsuit.

Defendant

The party who is sued in a lawsuit.

Counterclaim

A claim made by a defendant against the plaintiff.

Standing to Sue

Requirement that a plaintiff has a legal wrong (case or controversy) and a personal stake in the resolution.

- cannot assert the claims of someone else

Personal Jurisdiction

CIVIL:

A court's authority over the specific parties to a case.

- Court automatically has personal jurisdiction over the plaintiff when the suit is filed.

- Personal Jurisdiction over the defendant is obtained by:

- (1) Summons - notice that you are required to appear in court (contains date and complaint from plaintiff)

- Service of process: delivery of the summons

(2) Long-arm statues (if the defendant is out of state)

- These statues are only constitutional as long as they provide the defendant with due process of the law

- The defendant must have minimum contacts with the state

CRIMINAL:

Crime must be committed within the state for the court to have jurisdiction over the case.

- Jurisdiction over the person of the defendant is obtained by arrest.

- If a criminal took off (to another state), they must be transported back to state where crime occurred.

Long-Arm Statutes

Statutes allowing a state to serve process on an out-of-state defendant, provided there are minimum contacts.

Minimum Contacts Test

Requirement for out-of-state jurisdiction based on torts, property, or contracts within the state.

- The defendant must have minimum contacts with the state such as:

(1) did the defendant commit a tort within the state that is trying to exercise personal jurisdiction,

(2) does the defendant own property within the state,

(3) has the defendant entered into a contract within the state or transacted business that is the subject matter of the lawsuit.

- if answer is yes to any of the three, minimum contacts is satisfied.

Class Action Suit

A lawsuit where one or more plaintiffs sue on behalf of a numerous group sharing common questions of law or fact.

- Must have a CERTIFIED class to go through with the suit, requirements include:

(1) The class is numerous (40+)

(2) There are questions of law or fact common to the class.

(3) The claims or defense of representative parties are typical of the claims or defenses of the class

(4) the representative parties fairly and adequalty prptect the interest of the class.

- If class IS certified and the class loses, individuals in the class cannot sue as individuals.

- If class was NOT certified, individuals can sue.

Complaint

A written statement of the plaintiff's position and allegations filed to start litigation.

Answer

The defendant's response to a complaint, admitting or denying allegations.

Affirmative Defenses

When a defendant admits the charges but presents a legal reason why they should not be liable.

Discovery

Pretrial procedure used by parties to obtain relevant information, narrow issues, and lessen trial surprise.

- Methods of Discovery:

- (1) Interrogatories: Series of Questions presented to opposing party (written answers)

- (2) Request for Production of Documents: Either party asking the pther to produce specific documents.

- (3) Depositions: Lawyer orally asks questions of the possible witness (this is recorded and a written transcript is prepared). This is the most informative method, but also the most expensive.

- (4) Request for an admission: Requesting the other side to admit that certain issues that were presented in pleadings are no longer in dispute.

- If one party refuses to produce requested evidence, the party discovering may file a motion to compell.

- The cost of discovery is high.

Deposition

A discovery method where a lawyer orally questions a witness under oath with a written transcript prepared.

Motion to Compel

A request asking the court to require the opposing party to produce requested evidence.

Motion for Summary Judgment

Pretrial motion granted when no genuine factual dispute exists and a party is entitled to judgment as a matter of law.

- Here the judge looks at evidence and NOT just the pleadings

Voir Dire

The process where attorneys examine prospective jurors to select a fair and impartial jury.

Motion for a Directed Verdict

Request for a judge's ruling after plaintiff's evidence, determining no reasonable jury could find otherwise.

Civil Burden of Proof

Preponderance of the evidence (more likely than not) or clear and convincing proof.

Criminal Burden of Proof

Beyond a reasonable doubt, borne by the government.

Res Judicata

Legal doctrine barring a cause of action from being relitigated once it has been judged on the merits.

Rule of Law

The idea that the law applies to everyone in the same way, including government officials.

- No peaceful interactions without the rule of law (day-to-day activities wouldn't function)

- Almost all wealthy countries embrace the rule of law

- Without it, people would be afraid to go out and buy/invent goods.

- Four Principles

- (1) Accountability: everyone is accountable for the law

- (2) There must be clear, publicized, stable, and just laws.

- (3) The process by which laws are enacted, administered, and enforced is accesible fair, and efficient

Supremacy Clause

States that the Constitution and federal laws are the supreme law of the land, overriding conflicting state laws.

- Constitution is supreme under all laws

- Federal law is supreme over state laws (preemption)

- State law is invalid if it conflicts with Federal law: a conflict exists if the state stauts would prevent or interfere with the accomplishment and execution of the objectives of Congress ( intent does not matter)

Commerce Clause

Constitutional provision granting Congress the power to regulate commerce with foreign nations, among states, and with Indian tribes.

- Power vested exclusively in Congress/Federal government

- Provides federal government the power to regulate any business activity that affects interstate commerce.

Common Law System

Legal system emphasizing the role of judges in determining the meaning of laws and following precedents.

- The U.S. follows the common law system EXCEPT for Louisiana (because french ties colonized).

- Pros: Laws can be concise, stare decisis = "let prior decisions stand", judges follow precedents: certainty, stability, and predictability

- Cons: Sheer volume of cases is tedious to read through to understand precedents, conflicting precedents/bad precedents.

Preemption

Concept allowing a higher level of government to limit or eliminate the power of a lower level of government to regulate a specific issue.

- Thus, congress can reserve an entire area of law for federal regulation

- Ex. Immigration law, foreign affairs, value of currency

- Generally, the state and federal government may regulate the same type of conduct: concurrent power

Stare Decisis

The legal principle of determining points in litigation according to previous precedents ('let the prior decision stand').

Lady Justice

a. Balanced Scales = both parties are equal; checks and balances

b. Blindfold = no bias or favoritism; innocent until proven guilty

c. Sword = Justice, authority in decision in the courtroom, power to punish, cut through obstacles to get to truth of the matter

d. All things we strive for but don't always happen

Property

a legal right that allows you to exclude others form your resources

-exclusionary right of proprety provides a basis for private market and modern business

Civil Law System

Relies more on legislation than judicial decisions to determine what the law is.

- Judges do NOT make law/or have to follow prior judicial decisions.

- Public Law: regulation of society, government represents society.

ex. constitutional law, administrative law, and criminal law

- Private Law: regulation of private resources, includes property law, contract law, and Tort law

Substantive Law

Defines the legal relationship of people with other people or between them and the state

- defines rights and duties

Procedural Law

Deals with the method and means by which substantive law is made and administered.

- Provides machinery for enforcing those rights/duties/

- Ex. how police enforce regulations, the court that holds cases, type of evidence you can bring in.

Sources of Law Hierarchy

1. U.S. Constitution (supreme law of the land)

2. Statues of Congress

3. Federal administrative

4. State Constitutions

5. State Statues

6. State Administrative

7. Local Ordinances

8. Case Law

Citations (how to read)

Ex. 675 F.3d 23 (2014)

- Read "volume 675 of the Federal Reporter, third edition, a case decided (not initiated) in 2014!

Walmart Stores Inc. v. Dukes

Class-action suite

- 1.5 million women treated unjustly by Walmart

- Woman who trained a man saw him get promoted before her.

- However, there class wasn't certified because there was no commonality.

- Since the certification was denied, the casec ouldn't move forward.

Pretrial Procedures

(1) Plaintiff files complaint

(2) Complaints and summons served on defendant

(3) Defendant files motion or answer with possible counterclaim and defenses

(4) Court rules on motions (judge grants the case to continue)

(5) Plaintiff files reply to answer

(6) Attorneys conduct discovery procedures

(7) Parties may file for summary judgement or judgment on the pleadings

(8) Court conducts pretrial conference

Pleadings

Legal documents that are filed with the court to start the litigation process.

- Complaint: Written statement of the plaintiff's position/allegations

- Answer: Defendant response to the plaintiff's position

- Defendant will admit or deny each allegation. May contain counterclaims and affirmative defenses.

- Affirmative defenses: When the defendant agrees to the charged, no dispute. However, they have a reason/defense on why they shouldn't be sanctioned.

- Failure to respond can result in a default judgment = plaintiff auto wins.

Pretrial Motions

(1) Motion to dismiss: Lack of jurisdiction/statue of limitations has run

(2) Motion for Judgment on the Pleadings: Based solely on the pleadings (complaint + answer)

(3) Motion for Summary Judgment: No genuine factual dispute, and one party is entitled to judgement as a matter of law. Judge looks at pleadings AND evidence.

Others:

- Motion for Frivolous Litigation

- Motion to Compel Discovery

- Motion in Limine (judge toss out certain evidence)

Judge + Justices

Judges: Individuals who operate the courts.

- Their role is to determine the rule of LAW and observe cases.

- They only find the facts if the right to a jury trial has been waved

Justices: Members of the U.S. Supreme Court

- Justices are chosen by the President with the advice/consent of the U.S. Senate (checks and balances).

Supreme Court

- With the current Court Chief Justice Roberts, the Supreme Court favors big business.

Appeal Court Judges/Justices

- Decide an appeal and give reasons for their decisions.

- Concerned with issues of LAW (NOT FACT).

Jury Duty

Requirements:

- Be a U.S. Citizen

- Be at least 18 years old

- Be proficient in English enough to understand and discuss the case.

- Has not served on a jury in the last 12 months

- Not currently on another jury

- Have had all civil rights restored if you were convicted of a felony.

Jurors

Role: FACT-Finding body

- Trial by jury is a guaranteed by the Bill of Rights.

- Consists of 12 persons usually

- there can be smaller juries of 6 people. However, serious criminal cases REQUIRE 12 person juries.

- Jury verdict usually require unanimous decision, however, certain states have moved away from this rule. Again, serious criminal cases REQUIRE a unanimous jury verdict.

Jurisdiction

The power of a court (at state or federal level) to hear a case.

- Subject Matter Jurisdiction: Power of the subject involved in a case.

- General Jurisdiction: The power to hear any type of case.

- Limited Jurisdiction: Power to hear a limited number of cases.

- Can be limited to subject matter, amount in controversy, or area in which the parties live.

- May be named according to the subject matter with which they deal. (Ex. Probate Court, Traffic Court, Juvenile Court).

Lawyers

Serve as representatives of the court system.

- Present evidence, points of law, and argument.

- Primary duty is to the legal system.

- Have to uphold attorney-client privilege in which they are barred from revealing their client's confidential information. This extends to a lawyer's employees.

Organization of Court System

The two major court systems in U.S. are the federal courts and the 50 state courts.

- The federal court system and those in most states contain three levels: (lawsuit work their way up from 1 to 3 if necessary)

(1) Trial Courts

(2) Courts of appeals

(3) Supreme Courts

State - Trial Courts

The first level of courts, which is responsible for determining both the facts and the law on the case.

- Parties file their lawsuits to protect their property or redress wrongdoings.

- Depending on the state, trial courts can take on various names: superior court, the circuit court, and or the district court.

State - Appellate Courts

In populous states there are two levels of appellate courts:

(1) The intermediate level

- they have 3-5 judges and are called the courts of appeal

(2) a court of final resort

- the highest court is called the supreme court of the state and will have 7 judges.

- a party is guaranteed one trial and one review, they may be granted a second review if the court agrees.

- Writ of Certiorari: The procedure for requesting a second appeal with the U.S. Supreme Court.

Federal Courts

The judicial power of the federal courts has been limited by Congress and extends only to matters involving:

(1) Questions of federal law (may be based on U.S. constitution)

(2) The U.S. as a party

(3) Certain suites between citizens of different states (diversity of citizenship).

Diversity of Citizenship

Requires that all plaintiffs be citizens of different states.

- Large corporations are granted citizenship in the state they are incorporates and states of other principal locations.

- There is a minimum $75,000 per plaintiff jurisdictional amount in order for the case to be heard by a federal court.

- These are taken by the federal court to avoid bias against nonresident party.

Federal - Appellate Courts

Under its constitutional authorization, Congress has created 12 U.S. Courts of Appeal plus a special Court of Appeals for the Federal Circuit as intermediate appellate courts in the federal system.

Judicial Review

Ultimate power of the courts to invalidate the executive or legislative branch.

- However, judiciary rarely uses this rule and has crafted self-imposed limits in its authority.

- Judges may have two perspectives on this power: (1) judiciary restraint and (2) judiciary activism.

Judiciary Restraint

Judicial review should NOT be used except in unusual cases.

- Follow precedent when possible

- Also known as strict constructionism or judicial obstention.

- observing the original intent of the constitution.

- belief that may change in society should be a result of political process instead of court action.

- this is the dominant philosophy throughout history.

Judicial Activism

Judicial review SHOULD be used when the needs of society justify its uses.

- Belief that courts should play a major role in correcting societal ills.

- Belief that political process is too slow.

- Belief that the meaning of the constitution is relative to the times in which it's being interpreted.

- 1950s-1960s Supreme Court had a judicial activist majority.

Trial Steps

(1) Voir Dire: Parties and their attorneys select jury

(2) Attorneys present opening statements

(3) Plaintiff presents evidence through witnesses

(4) Defendant moved for directed verdict/jusgment as a matter of law

(5) Defendant presents evidence through witnesses

(6) Attorneys present their closing statements

(7) Court instructs jury on the law

(8) Jury deliberates and makes decision (verdict).

(9) Judge enters judgement on verdict.

(10) Losing party files posttrial motion

Jury Selection

Voir Dire: to speak the truth

- Jurors are called into the jury box and examined as to their qualifications and ability to be fair and impartial.

- Jurors may be excused for:

(1) a specific reason known as (for cause)

(2) a peremptory challenge

- The internet plays a alrge roles in picking the jury.

- Look people up online to see their background, interests political beliefs, etc.

- The Jury is ONLY concerned with questions of fact!

Peremptory Challenge

No cause or reason needs to be given to excuse a prospective juror.

- The number of these challenges varies from court to court

- Restrictions: Cannot get rid of jurors based on race or sex (gender).

Motion for Directed Verdict

Takes place AFTER the plaintiff has presented their side.

- A motion for directed verdict requests the judge a ruling after determining that there is no legally sufficient reason (based on the evidence presented) for a reasonable jury to reach a different conclusion.

- Removes the jury's discretion

- If granted, trial is over and the defendant wins.

Burden of Proof

The standard the plaintiff would have to demonstrate in order to recover damages from the other party.

- Civil v Criminal:

- Criminal: Government had the burden of proof.

- Civil: Plaintiff had the burden of proof.

- What is standard?

- Criminal: Beyond reasonable doubt

- Civil: It is more likely than not this happened

- Preponderance of evidence (majority of civil cases use this!)

- Simply tipping the scale (tort/contract cases)

OR

- Clear and convincing proof (wills)

Deciding the Case

Principal job of the jury is to determine the facts of the case

- Verdict: Decision by the jury announced in the courtroom

- Judgement: Judge deciding whether to accept the verdict or not (very rare that they don't)

- Motion for Judgment Notwithstanding the Verdict: granted if judge finds that reasonable persons viewing the evidence would NOT reach the verdict.

- Motion for a New Trial - Only granted if a legal mistake was made.

Appeals Process

(1) Notice of appeals filed

(2) Parties file briefs

(3) Oral arguments are made (given specific amount of time/judges can question attorneys at this time)

(4) Court announces decision

(5) Further review may be requested by petition to Higher Court

(6) Higher Court denies or grants review

(7) Final decision

Brief

Short description of the case by each party to the trial and arguments for reversing or affirming the lower court decision in the appeals process.

Res Judicata

A cause of action may not be relitigated once it has been judges on the merits. (similar to double jeoprady)

- Bars claims that have already been litigated or COULD have been litigated from being litigated again.

- In order to determine if this rule is appilicable ask these:

- Are the two lawsuits based on the same wrong/facts?

- Same parties?

- Was there a final judgement from original lawsuit?

- If answer was yes to all of these, Res Judicata applies and court will NOT grant subsequent case.

The Constitution

Document of Democracy/Supreme law of the land

- Provides legal framework of our federal government and authority it has to regulate business activities.

- Originally drafted in 1787 as an alternate to articles of Confederation.

Separation of Powers

Sets up a system of checks and balances so that no one branch is more powerful than the other.

- Three branches of government in order of power: (1) Legislative, (2) Executive, (3) Judicial

- NOT the same as Federalism

Federalism

The separation of powers between federal and state and local governments.

- NOT the same as separation of powers

- Federal government recognizes that states have some sovereignty.

- The 10th amendment reserves some powers to the states and the people (right to self govern).

State Police Powers

State police is able to regulate within the borders of their state.

- Unless preempted, states have authority to pass laws to protect the public's health, their safety, and general welfare.

- State police power is NOT limitless

(1) Cannot conflict with regulation of interstate commerce

(2) Cannot intend to regulate interstate commerce

(3) Cannot substantially affect or infringe on interstate commerce (Dormant Commerce Clause)

Dormant Commerce Clause

States cannot enact legislation that UNDULY BURDEN or discriminate against interstate commerce.

- Prohibits states from passing certain laws even though there is no contradictory federal law.

- Preemption applies only when there is federal law on the topic. When there is no federal law on the point, Dormant Commerce Clause applies to tell us what states can and cannot do.

State Laws and Interstate Commerce

(1) State laws that incidentally burden interstate commerce

- Weigh the Burden vs. Benefits

- Only find an undue burden if the burden clearly exceeds the local benefits the law.

(2) State that affirmatively discriminate agianst interstate commerce

- MUST prove the law has a legitimate purpose AND

- That the purpose cannot be achieved by nondiscriminatory means

- You CANNOT discriminate against out-of-state private companies, nor try to favor only in-state private companies

Constitutional Rights

Defines basic protections and personal rights as Americans

- Bill of Rights: First ten amendments of constitution.

- Constitutional rights are NOT absolute (they can be limited)

- These rights exist to remove certain issues from the political process and the ballot box

First Amendment Protections

(1) Freedom of Religion

- Establishment clause: Government cannot prefer/favor one religion

- Free Exercise Clause: Government cannot limit your ability to practice your religion

(2) Freedom of Speech

- Covers verbal and written communication

- Protect symbolic speech (ex. flag burning and silent marches)

- Not absolute: unprotected speech includes (1) defamation [slander or libel], (2) threatening speech, (3) fighting words [hate speech], (4) obscenity).

- Overbreadth Doctrine: Government restrictions on expression must be narrowly drafted (specific).

(3) Freedom of the Press

- The press is accountable for what is printed.

- Cannot prevent them from publishing, but once its published, you can sue them for defamation of character.

- Libel is used to recover damages from defamation.

Private Institutions

Do NOT have to care about your first amendment rights!

Commercial Speech

Speech or writing on behalf of a business with the intent of earning revenue or profit.

- Essential to the public's right to know and their right to be informed.

- Protects the listener and the speaker

- Commercial speech not protected to the same extent as individual rights.

Fifth Amendment Protection: Eminent Domain

Private property may be taken for public use with just compensation.

- Just compensation = market value

Kelo v. City of New London, Connecticut

- The city approved a plan for the private development of a research facility for "economic development" as the public purpose.

- The city initiated condemnation proceedings for the portion of the land that could not be purchased.

- Supreme court ruled in favor of New London on account on eminent domain.

- With this landmark case, the Supreme Court put this power to decide back into the hands of the states; a public use can be economic development, but it is up to the state to decide.

Fourteenth Amendment: Equal Protection and Due Process

No state shall make/enforce any law which shall abridge the privileges or immunities of citizens of the U.S.

- States the due process clause and equal protection clause.

Due Process of Law

Only applies to governmental bodies and prevents them from acting in a manner that is arbitrary, capricious, or unreasonable.

- Procedural due Process: Involves whether proper notice has been given and proper hearing has been conducted.

Equal Protection

Does not always deny states the power to treat different persons in different ways.

- Yet if the law does treat people differently it should be with actual reason

- The actual reasoning is determined with three methods:

(1) Minimum rationality

- Classification are usually not found to be a violation of equal protection

- Ex. Alcohol laws based on age, disability, education, wealth

(2) Quasi-Strict Scrutiny

- Classifications are only partially suspect or the rights involved are not fundamental

- Ex. Gender, same-sex marriage

(3) Strict Scrutiny

- Classification are usually found to be unconstitutional under the equal protection clause.

- Must have a compelling state purpose, not enough to just be permissible

- Ex. race, national origin