Law & Legal Studies: Exam 1

Due Process

No person shall be deprived of life, liberty, or property without due process of law

Found in 5th Amendment (federal) and 14th Amendment (states)

Life

Biological life, right to a lifestyle

Liberty

§ Personal rights

§ Unreasonable governmental restraints

§ Freedom to practice trade

§ Right to contract

§ Establish relationships with children

Property

Anything subject to ownership - real property, personal property, obligations, rights, legal entitlements - education

Substantive Due Process

In order to deprive a person of a right, the government must have sufficient justification.

Some rights are so fundamental, no procedure can justify withholding them: Marriage, procreation, contraception, etc.

Procedural Due Process

Justice is likely to prevail if we follow correct procedure

Criminal court: extensive rules, limits on police and prosecutors, rules for how trials work

Civil cases: justification, notice, right to an impartial hearing

Criminal Law

Action brought by government against an individual accused of committing crime

Many types: Treason, Felony - over 1 year in jail, Misdemeanor - 1 year or less in jail

Civil Law (Torts & Contracts)

Generally a dispute between private individuals involving a breach of:

An agreement - Contract

A duty imposed by law - Tort

Torts

Violation of duty arising by operation of the law

Recover damages (money) for injuries to:

v Person

v Reputation

v Property

v Business

Types of Torts

Intentional: Willful misconduct

Unintentional: Negligent Act or Strict Liability (explosives, dangerous animals)

Contracts

Promissory agreement (oral, written, express, implied) between two or more persons that creates, modifies, or destroys a legally enforceable obligation

Contract agreement must be

§ Voluntarily entered into

§ Creates private duties for mutual advantage

§ Legally enforceable

Contract agreement is formed by

v Offer

v Acceptance

v Consideration

Constitutions

Fundamental source of law, framework

Certain specified power to federal

All other powers to the states (can grant greater protections)

Legislation

Elected representatives create laws, rules of conduct

Federal Government

Only exercise powers granted in constitution

Commerce Clause: Congress has the power to regulate commerce with foreign nations and among the states

Supremacy Clause: Federal laws govern when power concurrent with state

State Government

Separate sovereigns, powers preexisted federal constitution

Police Powers: States are empowered to enact internal regulations to preserve public health, safety, morals, welfare (security, order)

Marbury v. Madison

Judiciary can interpret whether laws violate the constitution (judicial review)

Bills of Attainder

A legislature may not single out individuals or groups for punishments

E.g., Law prohibiting three specific people from ever receiving government salaries

Ex Post Facto

Laws that make acts criminal (or increases penalties) that were not criminal at the time the act was committed

*Only applies to criminal laws

Stare Decisis

Following Precedent provides uniformity, predictability

Courts with a jurisdiction must follow decisions of higher courts

Lower Court do not have to follow dissent, dictum, or unpublished cases

Absence of Precedent

Cases of "first impression"

Court look first in-state, then federal, then English Courts

Recognizing Laws of Other States - Tort Cases

Tort cases:

Lex loci delicti: Apply the law of the place where the injury occurred

Significant relationship test: Apply the law of the state with the strongest connection to the dispute

Recognizing Laws of Other States - Contract Cases

Contract cases:

Usually follow the parties' chosen law, but courts may consider other factors if needed

Full Faith and Credit: Each state is sovereign, but are to honor the acts, records, and judicial proceedings of all other states (some limited exceptions)

Court

Governmental body that is empowered to resolve disputes according to law

Cannot initiate disputes, can only adjudicate disputes

Trial Court: (Jury or Bench Trials)

Jury: Finder of fact

v Voir Dire: The process of jury selection

Judge: Presides, decides questions of law

Appellate Court

Reviews trial court decision, rulings, proceedings, judgment

No new evidence presented

Jurisdiction

Power of authority for a court to determine merits of case and grant relief

Subject Matter Jurisdiction

Authority to hear specific types of cases (May the court hear this type of case?)

*Parties cannot give the court authority, must have authority on its own

Types of Courts - Jurisdiction

General Jurisdiction: Handle a wide variety, most types of cases

E.g. North Dakota district courts

Limits by Amount in Controversy: Small claims court ($10,000 max)

Specialized Courts: Housing, family, juvenile, probate, real estate, municipal

Personal Jurisdiction

Power over a person, resident or non-resident (May the court reach this defendant?)

Personal Jurisdiction can be aquired two ways

Consent of the parties

Sufficient minimum contacts with the state (business, presence, etc.)

Long-Arm Statutes

Reach non-residents with minimum contacts

Allows courts of one state to reach over the boarder to other states

In Rem Jurisdiction

Power over property rather than a person

Venue

The place where judicial authority is properly exercised

Which courthouse hears it? (Venue)

Venue is State Court

Where the cause of action arose or where the plaintiff or the defendant resides

Venue is Federal Court - Which federal district is the right one?

Any district where a defendant resides, where the claim arose, where the property is located, or where the defendant is subject to personal jurisdiction

Removal - When can you remove a case to Federal Court?

Available if the federal requirements are met

Can the case be moved? (Removal)

Eire Doctrine

Federal questions are governed by federal law, otherwise the substantive law is state law

Whose law applies once it gets there? (Erie Doctrine)

Jurisdiction of Federal Courts

The district courts take their jurisdiction from Congress

They only have the power Congress gives them

Civil Cases in Federal Court

The plaintiff may often choose federal or state court

Federal court have traditionally declined divorce, child custody, and probate

What are the Questions for Federal Courts?

Claims under the U.S. Constitution

Claims under federal statutes or treaties

Claims brought by the United States

Civil rights, patents, copyrights, trademark, admiralty

Diversity of Citizenship - Part of Subject-Matter Jurisdiction

Court can hear a case between:

Citizens of different states or

A citizen and an alien

Jurisdiction of the Supreme Court

Original Jurisdiction

Appellate Jurisdiction: The last court of review, hearing cases from both systems

North Dakota Court Order

Municipal Court → District Court → Court of Appeals → ND Supreme Court

U.S. Federal Court Order

U.S. District Court → U.S. Court of Appeals (Eighth Circuit) → U.S. Supreme Court

Courts Outside of these two ladders

Bankruptcy Court: A unit of the federal district court

v Review by district court of Bankruptcy Appellate Panel, then Circuit

Tax Court: Created by Congress, not one of the district courts

v Reviewed by the U.S. Court of Appeals where taxpayer resides

Immigration Court: Executive branch, not the judicial branch

v Review by Board of Immigration appeals, the circuit court

Tribal Court: A separate court, with its own appellate court

v Review by its own appellate court

Binding Authority

The later court is obliged to follow the decision

Persuasive Authority

The court my consider it but need not follow it

No Authority

The court owes the decision nothing (tribal courts)

Vertical Authority

A court is bound by the courts above it in its own system

Horizontal Authority

Courts at the same level—whether in the same system or across the federal/state ladders—do not bind each other

A state trial court is not bound by a federal circuit court

A state supreme court is not bound by another state supreme court

Why is Authority Important?

Only the Supreme Court binds a state court on federal law

A state high court is the final world on the meaning of state law

A federal court of appeals does not bind a state court

The Stages of a Civil Case

Pleadings

Pre-Trial Motions

Discovery

Trial

Judgment & Collection

Appeal

Pleadings

Complaint by Plaintiff → Answer and Counterclaims by Defendant

Parts of a Complaint

Basis for the court's jurisdiction

Facts giving rise to the cause of action

Relief being sought

Summons & Service of Process

Summons tells the defendant a lawsuit is being brought against you

When does the case begin?

North Dakota: When the summons is served

Federal Court: When the complaint is filed

Parts of an Answer

Admissions: no need to prove the fact at trial

Denials: the fact is disputed and must be proven at trial

Defenses: facts that bar the plaintiff from recovering

Plead all defenses now, so you don't lose them later one

Counterclaims: the defendant's own claims from the same events

Must be brought now or they are lost

Default Judgment

Entered if defendant fails to respond to summons

Pretrial Motions: Motion to Dismiss

Challenges the complaint itself (lack of jurisdiction, improper venue, issues with summons)

Pretrial Motions: Motion for Summary Judgment

There's no genuine factual dispute and the judge can decide the case based on the evidence produced in discovery

Discovery

Pre-trial sharing of information between parties to prevent surprise and encourage settlement

Most relevant material to the case; cannot be privileged

Discovery Tools: Deposition

Oral questioning under oath of parties, experts, eyewitnesses, etc.; outside of court

Discovery Tools: Interrogatories

Written series of questions answered in writing by parties only

Discovery Tools: Request for Admission

Series of statements sent to parties, answered with an "admit" or "deny" - failure to respond is admission

Discovery Tools: Requests to Produce and Exams

Produce documents/records; Physical/mental examinations require a court order

Sanctions

Parties who refuse to cooperate can be sanctioned

Types of Sanctions

Paying the other side's costs

Treating facts as established

Excluding evidence

Dismissing the case

Trial - Opening Statements

General explanation of the case

Presenting Evidence: Order

Plaintiff's case, Defendant's case, Rebuttal (plaintiff)

Each Witness

Direct examination, cross-examination, re-direct

Plaintiff Burden

The burden of proof "preponderance of evidence"

Defendant Burden

The burden on its counterclaims and affirmative defenses

Direct Examination

Questioning by the party that calls the witness

Must ask general, open-ended questions

Cross Examination

Questioning a witness called by the other party

Leading questions are encouraged

Re-Direct

The calling party's chance to clear up points raised on the cross

Motions During Trial: Nonsuit

After the plaintiff finishes presenting evidence, the judge can dismiss if no reasonable juror could find for the plaintiff even when viewing the evidence in the plaintiff's favor

Motions During Trial: Directed Verdict

After all evidence is in, the judge can rule because reasonable people could not disagree on the outcome, meaning the case doesn't go to the jury

Closing Argument

Both sides summarize the evidence and argue for their result

Verdict

The decision of the judge or jury

Judgement notwithstanding the verdict

No reasonable jury would have reached this decision

Relief from judgement

Clerical error, new evidence, or fraud

Special Verdict

Jury answers specific questions

Summary Judgment

No facts disputed

Additur

Judge increases inadequate award (not available in federal court)

Remittitur

Judge reduces a grossly excessive award

Judgement Creditor/Debtor

Person who won/lost case

Collecting Judgment

The clerk of court issues a writ of execution: directs sheriff to seize property/garnish wages

Collecting Judgment Exceptions

Homestead (above $150,000 in value)

Family pictures and clothing

Burial plot

Year's supply of food and fuel

Crops raised on up to 160 acres

The "American Rule"

Each side pays its own legal fees no matter who wins

Rules of Evidence

Evidence offered → other side objects → either (1) sustained: evidence kept out or (2) overruled: evidence comes in

Used by the judge to control and govern which evidence is admitted (reliable evidence)

Relevance of Evidence

Evidence must logically prove or disprove an issue of consequence

Evidence is excluded when

Unfair prejudice

Confusing the issues

Misleading the jury

Undue delay or wasting time

Needlessly presenting cumulative evidence

Best Evidence Rule

Unless unobtainable, the original must be used to prove its contents

Witness Competency

Witnesses must swear or affirm to tell the truth

Lay Witnesses

(Non-experts) may testify on what they have seen/heard

Expert Witnesses

Establish expertise before testifying, can give an opinion

Hearsay

An out-of-court statement by another person, repeated in court to prove what was said is true

Why is hearsay excluded?

Courts prefer original, actual testimony (can be unreliable and prejudicial)