Intro to Legal Studies Content!

Article 1

Establishes the Legislative Branch. Congress. House of Reps. and Senate. (They have the power to defund!)

Article 2

Establishes the Executive Branch (President)

Article 3

Establishes the Judicial Branch (The courts)

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Separation of Powers

the division of power among the legislative, executive, and judicial branches of government

Ex Post Facto

A law that makes an action illegal after it was committed, which is not fair.

Pardon Power

Power of the president to forgive someone for a crime and remove their punishment. (Article 2, section 2).

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

How To Amend a Constitution

2/3 of both houses in congress must approve

then amendment must be ratified by the legislatures of at least 3/4 of the states. (Article 5).

Supremacy Clause

Federal law is supreme over state law. (Article 6, section 2).

Bill of Rights

First 10 amendments to the Constitution

Federalism

A system in which power is divided between the national and state governments

Due Process Clause

The government must follow fair rules and legal procedures before it can take away someone's life, liberty, or property. (5th and 14th amendments).

Due Process: Fair notice, fair hearing

Unreasonable Searches and Seizures

The government (like police) can't search your property or take your stuff without a good reason (probable cause) and usually a warrant. (4th amendment).

Probable Cause

Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.

Double Jeopardy

Being tried twice for the same crime (5th amendment)

self-incrimination

Being forced to testify against oneself/ saying or doing something that proves their guilt. (5th amendment)

Confrontation Clause

Gives people accused of a crime the right to face and question the witnesses against them in court (6th amendment).

Right to Counsel

If you are accused of a crime, you have the right to a lawyer to defend you. If you cannot afford one, the government must provide one. (6th amendment).

Cruel and Unusual Punishment

The government can't use excessively harsh or inhumane punishments for a crime (8th amendment).

Constitutional Law

Defines the powers of government and protects the rights of the people as stated in the Constitution. Is the foundation of all other laws.

Litigation

the process of taking legal action

Involuntary Servitude

being forced to work against one's will (13th amendment)

Equal Protection Clause

Gov. must treat all people equally under the law and cannot unfairly discriminate against certain groups. (14th amendment)

Enumerated Powers

Powers given to the national government alone, explicitly stated in the Constitution.

Judicial Review

Allows the courts to determine the constitutionality of laws.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Plessy v. Ferguson

a Supreme Court decision that legalized state-ordered segregation. Legalized "separate but equal."

Brown v. Board of Education

The Supreme Court overruled Plessy v. Ferguson, declaring that racially segregated facilities are inherently unequal. Declared " Separate but equal" unconstitutional.

Roe v. Wade

legalized abortion on the basis of a woman's right to privacy.

Dobbs v. Jackson Women's Health Organization

Overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to the states.

Commerce Clause

Grants Congress the power to regulate commerce with foreign nations (Article 1, section 8).

Department of Commerce

Federal department that supervises business, trade, and economic growth.

Gibbons v. Ogden (1824)

The Supreme Court, led by Chief Justice John Marshall, ruled that federal law overrides state law in matters of interstate commerce.

Sherman Antitrust Act (1890)

A federal law that makes it illegal to create monopolies or restrain trade in ways that hurt competition.

U.S. v. Lopez (1995)

Ruled that carrying a gun in school is not interstate commerce.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Types of Courts

1) District Court

2) Appellate Court

3) Supreme Court

Presidential Powers

1.) command armed forces

2.) veto a bill

and others...

Doctrine of Preemption

A doctrine based on the Supremacy Clause of the U.S. Constitution, which means that if state law conflicts with federal law, the federal law wins.

Citizens United

Citizens United v. Federal Election Commission was a 2010 Supreme Court case that granted corporations and unions the right to spend unlimited amounts of money on elections/ campaigns.

Content vs. time, place, and manner (1st amendment)

What you say is protected, but the government can restrict the time, place, and manner of how it's being said.

Freedom to associate and assemble (1st)

Freedom to gather, regardless of whether for religious purposes or not.

Assault Battery

the crime of threatening a person together with the act of making physical contact with them.

Assault = threats

Battery = physical contact

Civil Procedure

set of legal rules establishing how a civil lawsuit proceeds from beginning to end.

Social order, fairness, and efficiency

Solves disputes between "private parties"

Guilty Intent

that the perpetrator has the capacity to distinguish moral or legal right from moral or legal wrong or recognize their act as wrong

Dispute Resolution

the role of courts to peacefully settle disputes and keep order in society

(Civil Procedure)

Audi case (1980)

A couple sued Audi after their car caught fire in Oklahoma, even though it was sold in New York and made in Germany.

The Supreme Court ruled Audi hadn't purposely done business in Oklahoma

case clarified that a company can only be sued in a state if it intentionally targets that state's market.

Subject Matter Jurisdiction

The power of a court to hear a particular type of case.

Different courts can only handle certain subjects:

Federal courts → cases about federal law or the Constitution.

State courts → cases about state laws (like car accidents or family issues).

If a court takes a case it's not allowed to, the case can be thrown out.

Personal Jurisdiction

The power of a court to force a person to appear before in court.

A court only has personal jurisdiction if the person or business has real connections to that state — like living, working, or doing business there.

If there's no connection, the court can't make them come to court.

Jurisdiction

The official power of courts to make legal decisions and judgments.

Constitutional Scrutiny

The court is testing whether that law or government action is fair and constitutional

Due Process: 1) Notice 2) Hearing

1) Notified fairly?

2) Fair hearing/ trial?

complaint

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; initiates a lawsuit.

Summons

a notice directing someone to appear in court to answer a complaint or a charge

Service of Process

The delivery of the complaint and summons to a defendant.

Was notice fair?

Motions to Dismiss

A procedural device used by a defendant to try to end a lawsuit at an early stage of the litigation

Claiming there's a legal reason it shouldn't continue.

Reasons for Motions to Dismiss

Lack of jurisdiction: The court doesn't have the power to hear this case.

Improper service: The defendant wasn't properly notified (no valid notice).

Failure to state a claim: The complaint doesn't actually describe a legal wrong.

Statute of limitations: Too much time has passed since the event.

Res judicata: The issue has already been decided in another case.

Defendant must answer all questions (3 options)

1) Admit

2) Deny

3 "I don't know"

Counterclaim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

class action

a lawsuit brought by one or more persons on behalf of a larger group

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other.

-Requesting certain documents/information

Asking for records

(Depositions and records) + (Know dump of documents!)

Trial

The court process to determine whether someone committed a criminal act

Relevant Evidence Applied

Relevant evidence is any information or fact that helps prove or disprove something important in a case.

bench trial

A trial in which the judge alone hears the case

Jury Trial

A trial before a judge and a jury.

Appeals

to take a case to a higher court for a rehearing

Pre Trial Motions

Requests made to the judge before a trial begins (After all evidence gathered). They help decide what will happen during the trial or whether the trial should even happen at all.

Compensation

Money awarded to someone as a recompense for loss, injury, or suffering.

Restitution

To restore something to its original state or return the value of what was unjustly gained by the defendant.

3 types of torts

1. negligence

2. intentional

3. strict liability

Negligence Tort

You didn’t mean to hurt anyone,

But you weren’t careful enough, and someone got hurt because of it. (non-intentional)

Duty of care?

Breach of duty?

Causation. Did the breach cause injury?

Damages? (Physical, financial, and emotional)

Intentional Torts

Deliberate acts intended to cause harm

Battery

Assault

False Imprisonment

Trespass

Defamation

Strict Liability

The legal responsibility for damage or injury, even if you are not negligent

"We don't care if you did or didn't intend to do it, you're still being held strictly liable."

Hackburt V. Bengls

Facts:

Bengals player hit Broncos player Hackbart after a play, causing injury.

Ruling: Players can be liable for intentional acts that break the rules of the game.

Importance:

Shows that sports don't excuse intentional harm.

An intentional tort (like battery) still applies — even during a game.

1st Amendment

Freedom of Speech, religion, Press, Assembly, and Petition

2nd Amendment

Right to keep and bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

Freedom from self-incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to trial by jury

8th Amendment

No cruel and unusual punishments.

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers not given to federal government go to people and States

13th Amendment

Abolition of slavery, but also involuntary servitude

( Gov. can't force you to stay working at a specific job)

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws (And due process)

18th and 21st amendment

18 prohibits manufacture and sale of alcohol. 21 repeals the 18th Amendment

How many amendments are there?

27 amendments

15th amendment

Citizens have right to vote, regardless of race

Punitive vs Compensatory

Punitive = Punishment awarded by a court to punish the wrongdoer. Punishment for reckless behavior,

Compensatory = compensation. Money is awarded for something like losses.

Types of Damages

Physical, Financial, and Emotional

Foreseeability

Ability to predict potential harm from actions.

The person must have purposely created a real connection with that state — not just accidentally caused an effect there.

Sufficient minimum contacts to forum state

A person or company has enough real connections or actions in a state that it’s fair for that state’s court to make them appear in court for a certain issue.

(personal jurisdiction)

Deepwater Case

Explosion occurs at oil facility in ocean

Oil spills, causing damages

No physical damages, but financial/economic damages b/c all the fish died and now fishermen can't fish

Palsgraf Case

A man with fireworks gets pushed by train conductors, fireworks hit a woman's face, causing severe damage, so she sues the train company.

The train company does have a duty of care, but they didn't breach it, so the court declared the train company was not liable b/c the series of events was not foreseeable. Meaning they are not legally responsible for harm or damages because the events that led to the harm were so unpredictable and unusual that they could not have been reasonably anticipated.

McDonalds Case

Old lady suffered 3rd degree burns for putting hot coffee between her thighs to try to put sugar in it. Her compensation got cut because she was partly responsible for what happened, but she still got some because the coffee was made hotter than usual.

product liability

The area of law where manufacturers, sellers, and distributors can be held legally responsible if a product they put on the market is defective and causes injury.

Product Liability procedures

1) Was product improperly made?

2) Was there a design defect?

3) Was there a failure to warn?