Chapter 1 Law and Legal Reasoning

Law

consists of enforceable rules governing relationships among individuals and between individuals and their society

Sources of Law (Order)

1. Constitutions

2. Statutes (Acts)

3. Administrative Law

4. Case/ Common Law

Constitutions

establishes organization, powers, and limits of governments

U.S. Constitution

Supreme law of the land above all others; supremacy clause, creates national government

State Constitutions

create state governments, highest form of law within state

State Constitution Power From

10th amendment reserves all powers not granted to federal government to states; subject to U.S Constitution

Statutory Law

created by congress and state legislatures, found in federal and state code of law

Federal Statutes

passed by congress; apply to everyone

State Statutes

Apply only to state

Ordinances

Passed by municipal/ county government; govern matters not covered by state or federal law

Uniform Laws

Model law for the states to consider adopting. If a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.

Uniform Commercial Code (UCC)

The UCC facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions; most accepted uniform law

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Agency Functions

1. Rule-Making

2. Investigation and Enforcement

3. Judging violations of rules (adjudication)

Executive Agencies (Federal)

Cabinet departments; subject to the authority of the president, who has the power to appoint and remove their officers. Ex. FDA

Independent Regulatory Agencies (Federal)

An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Ex. SEC

Common Law

Interpretation of other laws; judge-made law

Common Law Example

Precedence and interpretations by judges

Source of Common Law Tradition

Based on the English law system; 1066 Norman the conqueror came up with courts to fix lawlessness

Courts of Law and Remedies at Law

-were also called "king's courts", and judges were appointed by the king

-remedies were limited to those provided at law or value, i.e., land, chattels, money

Compensatory Damages

Damages(money) awarded in a civil lawsuit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident. "Make us whole again"

Special Damages

Quantifiable out-of-pocket losses

General Damages

Non-quantifiable losses (opinion-based); economists put pain in monetary terms

Special Damages Examples

1. Loss of time (earnings missed)

2. Loss of money (physical therapist)

3. Property Damages

General Damages Examples

1. Pain and suffering

2. Injury to reputation

3. Mental anguish

4. Disfigurement (scars)

5. Loss of earning capacity

Punitive/ Exemplary Damages

unusual, exemplary situation

1. Purpose to punish wrongdoer

2. Given in addition to compensatory damages

Nominal Damages

A small monetary award to show law was violated; not necessarily want compensatory damages

Courts of Equity and Remedies in Equity

Chancellor's Court (religious leader)- find fair and equitable solution *Only is legal remedies are legally inadequate

Types of Equitable Remedies

1. Specific Performance

2. Injunction

3. Rescission

Specific Performance

Court order requiring breaching party to a contract to perform as promised in contract; must be rare/unique contract, ex. antique car, land

Breach

not performing side of contract

Injunction

court order directing someone to perform an action or not perform action

Rescission

an action to undo an agreement

Temporary Injunction

A judicial order prohibiting specified conduct, which is issued pending a full hearing by the court.

Permanent Injuction

An injuction that remains effective until an order of the court removes it, Sometimes such orders are left in force forever.

Equitable Maxims

principle that guide judges to make decisions

Equitable Maxims Example

Whoever seeks equity must do equity.

Statutes of Limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

Doctrine of Stare Decisis

"to stand on decided cases"; fairness of treatment

Precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Function of Stare Decisis

1. Court efficiency

2. Creates a more just and uniform system

3. Makes law stable and predictable

4. Allows us to use lessons learned in the past

Binding Precedent (Controlling)

Judges are obligated to follow prior precedents in their territorial jurisdiction by higher courts

Persuasive Precedent

Judges are not required to follow prior precedent in another jurisdiction

When are departures from precedent allowed?

1. Prior ruling was incorrect

2. Precedent now outdated (tech)

*Higher courts have power to overrule precedent

Brown v. Board of Education (1954)

*Departure from precedent

Overruled Plessy V. Ferguson (1896), allowed black children to go to white school because equal and fair

Plessy v. Ferguson (1896)

Legalized segregation in publicly owned facilities on the basis of "separate but equal."

Dobbs v. Jackson Women's Health (2022)

*Departure from precedent

Overruled Roe v. Wade

Took right to abortion from federal to state right

Cases of First Impression

cases for which no binding precedents exist

Factors to use with case of first impression

1. Persuasive precedent

2. Legal principles and policies underlying previous court decisions

3. Fairness

4. Social values and customs

5. Public policy

6. Social science data (pop. data)

Classification of Law

1. Substantive vs. Procedural (Subject area)

2. Public vs. Private (Parties)

3. Civil vs. Criminal (Crime type)

Substantive Law

laws that define and describes your rights and duties

Procedural Law

methods of enforcing your rights

Public Law

If the government is in the case

Private Law

If the government is NOT in the case

Civil Law Def

Rights and duties that exist between people or between people and gov. for non-criminal actions

Civil Law Parties

Plaintiff vs. Defendant

Civil Law Purpose

Compensation

Civil Law Burden of Proof

Mostly plantiff "By preponderance of the evidence"

Burden of Proof

Who has burden to prove case and how much evidence do you need

Criminal law Def

concerns wrongs committed against the public

Criminal Law Parties

Government vs. Defendant

Criminal law Purpose

Punishment

Criminal law Burden of Proof

Always government "beyond a reasonable doubt"

Double jeopardy

Cannot be tried twice for the same crime.

Trial Court

the first court to hear a criminal or civil case

Plaintiff

One who begins a lawsuit

Defendant

an individual or group being sued or charged with a crime

Court of Appeals

Review errors by trial court; loser can appeal here

High courts

Review errors of appealate court; justices review

Appellant

a person who files an appeal

Appellee

party who won at trial and defends against the appeal

Petitioner

party appealing to high court

Respondent

won at court of appeals level and defends against petition to Supreme Court

Opinions issued by reviewing

Who wins and why they win

1. Unanimous

2. Majority

3. Concurring opinion

4. Dissenting Opinion

Unanimous opinion

a court opinion or determination on which all judges agree; very strong precedent/ rare

Majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

*shows winner of case if no unanimous opinion

Concurring Opinion

a signed opinion in which one or more members agree with the majority view but for different reasons

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion