Law and Legal Studies Final

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The Magna Carta

Signed in 1215 by King John of England; A Charter that limited the king’s power and established that even the monarch had to obey the law, protected certain rights of nobles (fair trials, no unlawful imprisonment, limits on taxation without consent). Became the foundation of due process.

Statutory Law

Laws enacted by congress or state legislatures

Delegation Doctrine

Fundamental constitutional principle that congress cannot delegate/ give away its authority to make statutory law. Exception is that congress may delegate rule-making power to executive agencies

Brown v Board of Education

Segregation in schools is unconstitutional

What legal standards/principles guide justice and fairness?

Statutory Law, Judicial Law (Stare Decisis, Precedent), Administrative Law

Hierarchy of Legal System

1. US Constitution

2. Federal Statutes/Treaties

3. Federal Regulations/Case Law

4. State Constitutions

5. State Statutes/Regulations

6. Local Ordinances

Supremacy Clause

The US Constitution is the supreme law of the land, federal law always trumps state law, Article 6 of the Constitution

Common Law

When there’s no statutory authority, judges establish the law; when judges create new laws through stare decisis

What is the hierarchy of the US Courts System?

1. SCOTUS

2. US Court of Appeals (13)

3. US District Courts (Trial Courts) (94)

4. State Supreme Court

5. State Appellate Court

6. State Trial Court

Trial Courts

Courts of original jurisdiction where evidence is presented and facts determined

Appellate Courts

Review trial court’s rulings for errors of law, no new evidence is presented

Judicial Review

Courts can declare laws or government actions unconstitutional; ensures legislative and executive compliance with the Constitution

Writ Of Certiorari

Parties petition the court to review the lower court decision

Rule of Four

Of the 9 SCOTUS Justices, only 4 have to pick to approve to hear the case, helps protect the minority

Subject Matter Jurisdiction

Authority over certain case types; cannot be waived

Personal Jurisdiction

Power over the parties in a case, must meet sufficient minimum contact

Forum Non Conveniens

A doctrine allowing dismissal when another forum is more appropriate

Venue

The proper geographic location for a trial; typically, where the defendant resides or where the cause of action arose

Corporate Personal Jurisdiction

A corporation is considered a citizen of the state of incorporation and the state of its principal place of business

Diversity Jurisdiction

Allows federal court to hear cases between citizens of different states; must complete diversity of citizenship, amount in controversy exceeds $75,000

Civil Law

Governs disputes between individuals, organizations, governments. Private parties over private rights. Plaintiff files the case, purpose is to compensate injured party, burden of proof is preponderance of the evidence

Criminal Law

Governs offenses against the state or society at large. Government prosecutor files the case, purpose is to punish and deter wrongdoing/maintain order and safety, burden of proof is beyond a reasonable doubt.

Restitution

A court order to compensate the victim, goal is to restore the injured party to where they were before the wrongdoing.

Compensatory Damages

Money damages payable to injured party for reasonable cost of injury; to compensate the victim for actual loss

Equitable Relief

Non-monetary solutions, used when money alone is inadequate

Injunctive Relief

A type of equitable relief; court order requiring party to do or refrain from something generally limited

Specific Performance

A type of equitable relief; court order requiring fulfillment of a contract

Punitive (Exemplary) Damages

Damages awarded in addition to compensatory damages intended to punish the defendant for their wrongful actions (specifically for civil suits)

Substantive Law

Creates, defines, and regulates rights and duties of individuals of collective bodies; the law that creates and resolves issues between parties

Procedural Law

Provides process or method for enforcing legal rights and obligations, and obtaining redress; guides parties fairly and efficiently through legal system

Summons

Legal notice to defendants of lawsuit

default judgement

If the defendant doesn’t respond to the complaint within the time allowed, the court may enter a default judgement, where they accept everything in the complaint

Motion to Dismiss

Seeks to dismissal based on procedural or substantive grounds

Answer

Formal written response to complaint wherein defendant responds to each item specifically alleged in complaint by admitting, denying, or pleading lack of knowledge

Dismissal with prejudice

plaintiff cannot refile

Dismissal Without Prejudice

The motion is granted but plaintiff can refile at a later date.

Bill of Particulars

Request for court to order plaintiff to clarify one or more things in a complaint

Discovery

Exchange of evidence and other relevant information between parties to a lawsuit; a goal is a fair exchange of information to enable parties to clearly evaluate their positions. Includes interrogations, depositions, requests of admission, requests for production, inspection.

Interrogatories

Questions to the opposing party which they must answer in writing and under oath

Requests for Production

Written request to produce documents or copies

Requests for Admission

Written requests to opposing party which they must admit, deny, or claim they are without knowledge.

Depositions

Attorney for one party ‘interviews’ a witness or opposing party under oath before a court reporter who records or transcribes the questions and answers.

Motion Practice

Formal request to a court for an order

Motion for Summary Judgement

Court rules as matter of law without trial; if evidence so strongly in favor of a party that a jury could reasonably reach one decision, and no big question left to be determined regarding facts of the case that occurred it may be granted; granted when no genuine issue of material fact exists.

Stages of a Trial

1. Voir dire

2. opening statements

3. case in chief

4. defense

5. rebuttal

6. closing arguments

7. jury instructions

8. verdict

Bench Trial

Judge decides facts and law in a case

Jury Trial

Jury decides facts, Judge instructs on law

Seventh Amendment

Right to a jury in a civil trial

Sixth Amendment

Right to a speedy and public trial for criminal cases in state and federal courts, impartial jury, informed of the nature and cause of the accusation, confronted with witness against them, and assistance of counsel.

Voir Dire

The process of questioning potential jurors, used to ensure impartiality

Peremptory Challenges

each party to a lawsuit given a number of challenges for which they may remove a juror, can’t be based on race or gender

Challenges For Cause

Attorney asks court to strike a juror for a particular prejudice that attorney thought was evidence from its questions to the jury; opposing party can challenge request

Opening Statement

Give a preview of evidence to the jury, not meant to be argumentative. Legal conclusions, arguments, pleas for verdict not given during this.

Burdens of Proof

Obligation of a party in a legal case to prove their claims or defenses to a certain standard.

Case-In-Chief

Stage at which a party with burden of proof presents evidence to support its claim

Rules of Evidence

Governs the admissibility of evidence in trials

Relevant Evidence

Evidence that tends to establish an essential fact in the dispute; makes it more or less probable than it would without the evidence. e.g.: surveillance video showing the defendant at the scene of a robbery shortly before it occurred.

Material Evidence

Evidence necessary to a fair and informed decision by the trier of fact; relates to a key issue in the dispute. e.g.: bloody glove found at the scene of a crime that matches the defendant’s DNA, as it directly connects the defendant to the crime and addresses an essential issue in the case (identity of the preparator)

Hearsay Evidence

Out-of-court statement offered for truth of the matter asserted; general rule is that its inadmissible unless an exception applies.

Privileges in Evidence

Persons cannot be required to testify about privileged/confidential communications

Motions in Limine

Pretrial motions to exclude certain evidence

Appellant

Party who appeals trial court decision

Appellee

Party who defends trial court judgement

Appellate Brief

Gives detailed explanation of the case and the applicable law to the reviewing court; they contain the facts, issues, that arose in the lower court and the result of that case.

Steps in a Civil Suit

1. Occurrence gives rise to cause of action

2. plaintiff files complaint

3. service of process, defendant is apprised to suit

4. defendant has right to receive copy of complaint and is given time to period

5. defendant responds to complaint by motion or answer

6. discovery

7. pretrial conference

8. trial

9. post-trial motions

10. appeal or enforcement of judgement

Tort

A civil wrong (other than a breach of contract) that causes harm and leads to a court-awarded remedy. The purpose is to compensate injured persons for legally cognizable harm; deter unreasonable conduct.

Negligence

Failure to exercise reasonable care under the circumstances. Burden of proof: preponderance of the evidence

What must the plaintiff prove in negligence?

• duty

• breach

• causation (actual and proximate)

• damages

Duty of Care

Everyone owes a duty of reasonable care to avoid foreseeable risk of harm to others’ measured by the “reasonable person” under like circumstances

What are the exceptions to no duty to rescue strangers?

• special relationships

• creation of risk

• voluntary undertakings

• statutory duties

What are the landowner/occupier duties?

• trespassers

• licenses

• invitees

But For Test

Causation/Actual Cause. But for the defendant’s breach would harm have occurred?

Substantial Factor Test

Causation/Actual Cause. Multiple sufficient causes (e.g.: two fires); defendant’s conduct was a substantial factor

Proximate Cause

Limits liability to harms within the scope of the risk that made the conduct negligent

Foreseeability Test

Proximate Cause. Was the type of harm to a class of persons reasonably foreseeable?

Directness/Scope Tests

Proximate Cause. Policy-based limits to prevent limitless liability.

Negligence Per Se

A legal doctrine where an act is considered negligence because it violates a statute or regulation; replaces the ‘reasonable person’ standard with statutory requirements. Plaintiff must show:

• defendant violated a statue

• the statue was designed to protect a particular class of persons

• plaintiff is within that protected class

• the harm suffered is the type the statute was intended to prevent against

• the violating was the proximate cause of the injury

Res Ipsa Loquitur

“The thing speaks for itself;” A tort law principle that allows plaintiffs to prove negligence by circumstantial evidence. Allows for inference of negligence when:

• the event ordinarily doesn’t occur without negligence

• instrumentality was in defendant’s exclusive control

• plaintiff did not contribute to the harm

Defenses to Negligence

• Assumption of risk. Express (you can assume the risk voluntarily). Implied (plaintiff knew of a specific risk and voluntarily encountered it)

• Contributory Negligence (any plaintiff fault bars recovery)

• Comparative Negligence (damages reduced by plaintiff’s fault)

• Modified Comparative (recovery barred at 50% plaintiff fault)

Last Clear Chance Doctrine

Contributory Negligence; Even if plaintiff was negligent, they can still recover if the defendant had the final opportunity to avoid the accident but failed to do so

Intent

Desire or knowledge to a substantial certainty that contact/consequence will occur

Transferred Intent

Intent towards one person can satisfy intent for another victim (limited towards certain torts)

What are the elements of assault?

• Intent to cause apprehension of imminent harmful or offensive contact

• plaintiff reasonably apprehends such contact

• apparent present ability of defendant (no contact required)

What are the elements of battery?

• Intentional

• harmful or offensive contact

• with plaintiff’s person (or anything connected)

What are the elements of false imprisonment?

• intentional confinement of plaintiff

• within fixed boundaries

• plaintiff aware of confinement or harmed by it

Shopkeeper’s Privilege

Reasonable detention in a reasonable manner for a reasonable time to investigate suspected theft.

Trespass to Chatels

Interference with personal property causing dispossession or harm

Conversion

Serious interference warranting full value damages

Private nuisance

Substantial and unreasonable interference with another’s use and enjoyment of land

Defamation

The act of communicating false statements about a person that injured the reputation of that person

• libel: defamation via print

• slander: oral defamation

What are the elements of defamation?

• false statement of fact

• published to a third party

• fault

• damages

What are the elements of misrepresentation?

• misrepresentation of material fact

• knowledge of falsity

• intent to induce reliance

• justifiable reliance

• damages

Strict Liability

Liability without proof of negligence or intent where activity/product is unreasonably dangerous

Abnormally Dangerous Activities

High degree of risk, likelihood of great harm, inability to eliminate risk with reasonable care, uncommon usage, inappropriate place, social value

Types of Product Defects

• manufacturing defects

• design defect

• warning/instruction defect

Contract

A legally binding agreement between two or more competent parties creating enforceable duties

What are the elements of a contract?

• offer

• acceptance

• consideration

• capacity

• legality

Manifestation of Assent

Outward expression of intent to be bound to a contract; intent judged by what a reasonable person would understand

Meeting of The Minds

Occurs when both parties manifest mutual assent to the same terms

Agreements Made In Jest

No contract if a reasonable person would see it as a joke