L201 Quiz 1

Types of Law Hierarchy

Constitutions, Treaties, Statutes, Common Law, Equity, Admin. Regs., and Ordinances.

Supreme Law of the Land

Constitution

Practical Significance

1. Federal law defeats state law

2. State constitutions defeats state statutes

3. Statutes defeat administrative regulations

4. Statutes or administrative regulations defeat common law

5. Statutes or administrative regulations defeat ordinances

Public Law

Relationship between gov. and private parties (citizens and businesses)

ex) constitutional law, statutory law, and administrative law

Private Law

Regulation of conduct between private parties (citizens and businesses)

ex) contract law, tort law, property law, family law, and agency law

Substantive Law

Establishes rights and duties of people (and businesses) in society

Procedural Law

Establishes how to enforce the rights and duties of substantive law. Doesn’t define laws; it defines processes courts must follow.

Plain Meaning Rule

Courts generally start with interpreting a statute according to the usual and customary meaning of words.

Standing

Parties must have standing (a direct interest or stake in the outcome of a case) to sue. A plaintiff must show injury in fact, causation, and redressability)

Jurisdiction

Power of a court to hear a case and issue a binding decision binding on the parties; it may be original (trial court level) or appellate (reviews trial court decisions). For a court to hear a case, the must have both subject matter and in personam jurisdiction)

Subject Matter Jurisdiction

A court’s authority to hear a particular type of suit (subject matter of the suit). If a court has this, the court must then examine whether it has Personal jurisdiction (authority over the people and businesses involved in the case)

Courts of Criminal Jurisdiction

Hear cases of felonies and misdemeanors

Courts of Civil Jurisdiction

Hear cases concerning private rights and duties (contracts, torts) and non-criminal public matters (zoning, family law, and probate

In Personam Jurisdiction

requires a defendant to be a resident of the state, located within the state, OR committed acts within the states borders. State and Federal courts have expanded the reach of a court’s reach via Long-Arm Statutes.

Venue

Assuming that jurisdiction is establishes, venue is the “fair and convenient” place for the trial to be held. Set by state statute, defendants may file a motion for change of venue, and contracts may contain a forum selection clause.

Court Systems

US has 52 court systems, a federal system (including DC) and one for each state, plus those for each US Territory

State Courts of Limited Jurisdiction

Hear specialized types of cases, such as traffic cases, fine-only misdemeanor criminal matters, and family law. Often, these courts are not “courts of record” and appeals from decisions at this level require a new trial in a general jurisdiction court.

State Trial Courts

Courts of general jurisdiction that hear most types of cases. Generally called District Courts or County Courts. Levels and classifications of these courts are often made based on dollar amount in controversy.

State Appellate Courts

Generally only decide legal questions, not questions of fact. Review records of trial court proceedings and correct legal errors (reversal) or accept the trial court’s procedures. In some cases, the appellate courts may hear appeals from state agencies.

Diversity Jurisdiction

When a dispute is between citizens of different states AND the amount in controversy exceeds $75,000

Federal Question Jurisdiction

Exists when dispute arises under Constitution, federal laws, or treaties of the US

Federal District Courts

Can also have concurrent jurisdiction with state courts, if the matter is filed in a state court, Defendant may have option to remove the case from state court to federal court.

These courts are courts of general jurisdiction that hear most types of cases, however, the must first examine Subject Matter Jurisdiction.

Specialized Federal Courts

Court of Federal Claims, bankruptcy Courts, Tax Courts, and Courts of International Trade

Federal Courts of Appeals

13 Federal Circuits. Hear appeals from US District Courts (trial courts) as well as bankruptcy courts

US Supreme Court

Hears all appeals from lower courts and acts as a “court of last resort” both state and federal. Has Original and Exclusive jurisdiction over controversies between states. Can take Original jurisdiction over disputes between branches of the US gov. 4/9 justices must agree for a case to be heard.

Brief Black Letter Law

complete diversity must exist - no plaintiff shares state citizenship with any Defendant. Amount in controversy must exceed $75,000; one plaintiff vs one defendant can aggregate claims; multiple Plaintiffs generally cannot aggregate separate claims.

Brief Black Letter Law - Citizenship

Individuals = domicile (physical presence + intent to remain)

Corporations and Incorporated LLCs/Partnerships = state(s) of incorporation and principal place of business

Unincorporated Partnerships = all members/partners’ citizenship

Long Arm Jurisdiction

One Subject-Matter Jurisdiction is secured, the question turns to Personal Jurisdiction (in personam jurisdiction)

Asks the question of when can a state court compel an out-of-state person or business into that state’s courts

In Personam Jurisdiction

Requires a Defendant to be 1) a resident of the state; 2) located within the state; OR 3) committed acts within the states borders.

Two Steps for In Personam Jurisdiction

1) look into state law (the state’s “long-arm” statute) - statute must cover what Defendant did

2) If the statute covers what the defendant did, you must ask whether the US Constitution allows it.

Did the person/business reach into the state to make money or cause harm there?

Enumerated Statutes

list specific acts and require you to match facts to the list AND check for fairness under the Constitution

Coextensive Statutes

list specific acts and effectively imply fairness under the Constitution

International Shoe

Even if the long arm statute reaches the facts of the case, the Constitution must still analyze whether its fair to bring the Defendant into court.

Rule: Defendant must have minimu contacts with the forum, and jurisdiction must not offend “traditional notions of fair play and substantial justice”

International Shoe 3 Q’s

1) Did Defendant purposefully reach into the State (purposeful availment)

2) Does the claim arise out of or relate to the contacts with the state

3) Is it fair to litigate in that state? (burdens/interests)

Purposeful Availment

Ads, distributors, repeat sales, on-site work, forum clauses in contracts

Fairness Factors

a) burden on Defendant; b) forum state’s interest; c) plaintiff’s interest in convenient relief; d) interstate efficiency; e) shared policy interests

Zippo Spectrum

The more a website (or social media) does business with a state, the more likely a court can asset personal jurisdiction on the company

How Zippo Works W/ International Shoe

Even if Zippo suggests personal jurisdiction, a court still must find minimum contacts and fair play. It is not enough to say the website is interactive, a court must prove that the Defendant aimed the forum state. In short, the focus must be on the Defendant’s conduct and actions.

1. A Colorado outdoor brand runs an online storefront with ads stating, “Free 2-Day Indiana Shipping,” logs 600 Indiana orders last year, and offers a 317 area-code support line. An Indiana buyer purchases a product and later sues in Indiana over the product being defective.

2. Is personal jurisdiction proper? Remember International Shoe and Zippo

Yes, personal jurisdiction is proper in Indiana because the Colorado company purposefully directed extensive business into the state, and the lawsuit arises from those in-state contacts.

1. An independent California blogger hosts a static, read-only website criticizing an Indiana CEO over the CEO’s environmental stance. No ads are run, no sales, and less than 100 website visits. The CEO sues in Indiana state court for libel.

2. Is personal jurisdiction proper? Remember International Shoe and Zippo

No, personal jurisdiction is not proper in Indiana. A static, read-only blog with minimal views does not amount to purposeful availment of Indiana under International Shoe or Zippo.

Civil Procedure

Judicial rules establishing how a lawsuit proceeds from beginning to end. In a civil matter, Plaintiff bears the burder of proof to prove their case by a preponderance of evidence.

One the Plaintiff has made a prima facie case (case proved on its face), burden of proof may shift to Defendant.

Service of the Summons

Notifies Defendant hat they are being sued and a deadline to “enter an appearance”

Under long-arm statutes, service may by accomplishes on out-of-state Defendants via certified mail.

Corporations are served via their registered agents.

Complaint

filed by Plaintiff, alleges the facts and basis for the claim

Answer

filed by Defendant after service of process; may contain an affirmative defense and/or a counter claim

Reply

filed by plaintiff if Defendant submits a counterclaim

Motion to Dismiss

formal request asking the court to thro out a case befroe trial due to no legal basis for the lawsuit to continue

ex) lack of jurisdiction, improper venue, failure to state a claim, or statute of limitations.

Motion for Summary Judgement

Formal request before trial, but usually after discovery, showing that a claim in Complaint should be thrown out due to no genuine issue of material fact, and movant (party filing the motion) is entitled to judgment as a matter of law.

Discovery

Obtaining evidence from opposing party through: Depositions, Interrogatories, Requests for Admissions, and Requests for production of Documents.

Trier of Fact (judge or jury)

sees material evidence, hears testimony of witnesses, and decides outcome of case based on facts presented

Matters of Law

Not issues of fact, but matters concerning interpretation of law that are solely decided by a judge

Trial

Closing arguments, Trial Motions, Jury Instructions, Verdict

Trial Motions

Motion in Limine- Motion to limit evidence

Non-Suit/Dismissal- motion to drop case

Motion for Summary Judgment

Motion for Mistrial- injustice or overwhelming prejudice

Motion for Directed Verdict- weight of evidence leads to only one conclusion

Post-Trial Motions

Motion for Judgment Notwithstanding the Verdict (JNOV)- asks judge to set aside verdict as a matter of law

Motion for Remittitur- Defendant’s request for judge to reduce amount of damages calculated by jury

Motion for New Trial- must be based on a legal error that occurred during trial

Motion for Appeal- can appeal to a higher court

ADR Overview

Generally less costly and quicker to resolve than traditional litigation

May be a more appropriate method of resolution for certain types of cases

ADR may be required via a clause in a contract and/or some states have a civil suit statute that requires ADR before proceeding to trial

Arbitration

A neutral third party hears evidence and arguments by both sides; generally a retired lawyer or judge.

Leads to a BINDING decision; enforceable by courts

Faster and more flexible than traditional litigation, but allows for less control for parties

Common in contract law, employment law, and consumer law disputes.

Mediation

Neutral facilitator works with parties to hear arguments and evidence to encourage both sides to reach their own agreement

Non-binding

Emphasizes communication, compromise, and preserving relations

Common in business law (B2B), family law, and workplace disputes