Foundations of American Law: Litigation, Disputes, and Justice

Complaint

The plaintiff's initial filing that begins a lawsuit.

Answer

The defendant's formal response to the complaint.

Discovery

The pretrial phase where both parties exchange evidence and information.

Trial

The court proceeding where evidence is presented and the case is decided.

Motion to Dismiss

A request to end a case early before trial, claiming no legal basis for the claim.

Motion for Summary Judgment

Request for judgment without trial when no material facts are in dispute.

Dismissal

The court's decision to terminate the case.

Trial Court

The first court to hear a case; determines facts and issues initial rulings.

Intermediate Appellate Court

Reviews trial court decisions for legal errors (e.g., U.S. Court of Appeals).

Apex Court

The highest appellate court (U.S. Supreme Court or State Supreme Court).

SCOTUS Jurisdiction

The Supreme Court only hears federal questions.

Interlocutory Appeal

Appeal made before a final judgment, during an ongoing case.

Appeal as of Right

Appeal automatically allowed by law.

Discretionary Appeal

Higher court chooses whether to hear the appeal (e.g., certiorari).

Purpose of Law

Law resolves disputes by determining which side can impose an unwanted outcome on another.

Cause of Action

The legal basis of a lawsuit defining the elements needed for liability or guilt.

Elements of Negligence (Tort Model)

Duty, Breach, Causation (but-for and proximate), Damages, and Defenses.

But-For Causation

Harm would not have occurred "but for" the defendant's conduct.

Proximate Cause

The defendant's act was a substantial and foreseeable cause of harm.

Rule vs. Standard

Rules are rigid and specific; standards are flexible and require judgment.

Rule Example (Necessity)

"Immediate risk of death by starvation where killing is the only option to preserve life."

Standard Example (Necessity)

"Necessity exists where the actor reasonably believes the act was required to prevent greater harm."

Contract Law

Private agreements enforced through damages (expectation or reliance).

Tort Law

Civil wrongs involving injury or property damage; enforced by compensation suits.

Criminal Law

Public law defining crimes; prosecuted by the state with penalties.

Constitutional Law

Governs limits of government and individual rights.

Procedural Law

Rules controlling how cases move through courts.

Escola v. Coca-Cola (1944)

Introduced strict product liability via Justice Traynor's concurrence.

Purpose of Contract Law

Enforce promises and promote trust and efficiency in markets.

Purpose of Tort Law

Compensate victims and hold wrongdoers accountable.

Purpose of Criminal Law

Retribution, deterrence, incapacitation, rehabilitation, and restoration.

Rule vs. Standard Example (Montana Speed Limit)

"Reasonable and proper" = standard; numerical speed = rule.

Rational Actor Model

Assumes individuals act logically to maximize preferences and benefits.

Efficiency

A measure of how resources and outcomes maximize total welfare.

Pareto Efficiency

A change that benefits at least one person without harming another.

Kaldor-Hicks Efficiency

A change where winners' gains outweigh losers' losses, even if not compensated.

Externality

Costs or benefits affecting others outside a transaction (e.g., pollution).

Transaction Costs

Barriers like fees or effort that hinder efficient changes.

Social Welfare

The total happiness or utility in society; goal is aligning private and public interests.

Coase Theorem

With no transaction costs, parties can bargain to reach efficient outcomes regardless of initial rights.

Prisoners' Dilemma

Shows how rational self-interest can lead to worse collective outcomes.

Procedural Justice

Fairness in legal processes and decision-making.

Corrective Justice

Law's role in correcting wrongs and compensating victims.

Retributive Justice

Ensures punishment proportional to wrongdoing.

Distributive Justice

Fair allocation of resources and rights across society.

Strict Egalitarianism

Seeks to equalize outcomes or opportunities.

Luck Egalitarianism

Corrects inequalities from luck but allows those from effort.

Nozick's Libertarianism

Justice as respect for voluntary exchange and property rights; minimal redistribution.

Rawls' Theory of Justice

Veil of Ignorance → principles chosen fairly: equal liberties and the difference principle.

White City v. PR Restaurants (2006)

Qdoba burritos ≠ sandwiches; Panera injunction denied.

Reynolds v. Sims (1964)

"One person, one vote" for state legislative districts.

Packaging Industries v. Cheney (1980)

Preliminary injunction needs likely success + irreparable harm.

Hadley v. Baxendale (1854)

Damages limited to foreseeable losses.

Summers v. Tice (1948)

Burden shifts to multiple negligent defendants.

The Queen v. Dudley & Stephens (1884)

Necessity not a defense to murder.

Popov v. Hayashi (2002)

Established "pre-possessory" property rights.

Adams v. Bullock (1919)

No negligence without foreseeability.

Byrne v. Boadle (1863)

Barrel case → res ipsa loquitur established.

Wood v. Boynton (1885)

Mutual mistake about value ≠ contract void.

Sherwood v. Walker (1887)

Mutual mistake about material fact voids contract.

Lake River Corp. v. Carborundum (1985)

Penalty clauses are unenforceable.

U.S. v. Carroll Towing Co. (1947)

Hand formula: B < P×L = negligence.

Boomer v. Atlantic Cement Co. (1970)

Damages instead of injunction allowed for efficiency.