JURI 3233: Foundations of American Law

Preliminary injunction

a court order made before trial that stops a party from perusing a specific action, acts to maintain a status quo

only used in civil cases

factors for a preliminary injunction

1) likelihood of success on the merits

2)risk of harm absent the injunction

3)harms to the public

Permanent Injunction

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

interlocutory appeal

an appeal that occurs before the lower/trial court's ruling on the entire case.

*allows for appellate court to review a particular ruling while the underlying case is ongoing

motion of summary judgement

case is dismissed without trial following exchange of discovery

We shouldn't have a trial because this is not an issue of law, an issue of what happened. Give us a judgement without a trial

"no genuine issue of material fact exist"

litigation

the formal process of resolving a legal dispute through the public court system

magistrate court

Entry-level/"people's court

Criminal cases: hears about warrants, first appearances, preliminary hearings

Civil cases: Small claims up to $15,000, evictions, garnishments

county state court

Mid-level county trial court

Criminal Cases: Misdemeanors and traffic offenses

Civil cases: Most civil lawsuits not reserved for Superior Court

superior court

General jurisdiction trial court

criminal cases: All felonies

civil cases: Divorce, land disputes, equity, adoptions, major civil cases

discovery

request for production of documents, admissions, or interrogatories (explain every reason why you chose not to do something, ex: why you did not pay something--> questions you answer on paper)

*you can only ask 50 interrogatories

Rules

Tells people relatively specifically what they must, may, or may not do.

Specific and not up for interpretation

Standards

Gives a decision-maker a general criterion and asks them to determine whether the conduct satisfies it in context.

provide flexibility, context sensitivity, and adaptability

causes of action

1)Duty

2)Breach

3)Causation (but-for) (proximate)

4)Damages

5)Defenses

But-for causation

Whether the harm would have occurred without the defendants actions

proximate causation

whether the harm was sufficiently foreseeable/legal consequence of defendants action and conduct

what is tort law?

The are of law that deals with civil wrongs that cause harm to another person, allowing the injured party to seek remedies (typically money) from the defendant who caused the harm

EX: personal injury, negligence, battery, assault

How is tort law enforced?

Publicly created: common law/statutes

Privately enforced : individual brings law suit

what is criminal law?

Are of law that defines conduct considered a rime against society and establishes punishment for that conduct

how is criminal law enforced?

Publicly created: criminal statutes

Publicly enforced: government, law enforcement, prosecutors office

what is contract law?

Area of law governing legally enforceable agreements between parties

how is contract law enforced?

Privately created: parties make contracts

Privately enforced: parties bring disagreements to court

Duty

a legal obligation to do something or refrain from doing something

breach

Failing to fulfill a legal duty

Answers (litigation train)

The defendants formal response to plaintiffs complaint

What factors typically go into "answers" during litigation?

1) Admissions and denials of the defendant

2) affirmative defenses

*even if allegation is true, defendant may assert further legal defenses to explain why he/she is not legally responsible

legal dispute

A disagreement between parties that involve a legal right, duty, or obligation

externality

cost or benefit to an uninvolved third party that arises as an effect of another party's activity.

Pareto Efficiency

At least one person is made better off and no one is made worse off

Kaldor-Hicks Efficiency

The winners gain enough that they could compensate the losers and still be better off.

*the benefits outweighs the cost!

rational actor model

the concept that people generally make decisions by comparing the cost and benefits and choose the option that gives them the greatest expected benefit

transaction cost

cost of making an exchange or agreement beyond the actual price of the thing being exchanged

concept of social welfare

the overall well-being of society, considering how a law might impact all citizens rather than just one individual or select group

The Coase Theorm

If property rights are clearly defined and transaction cost are low, people will have incentive to negotiate with each other to reach an efficient outcome regardless of who initially has the legal right being contested.

expectation damages

The standard remedy for breach of a contract, Purpose is to put the loosing party in the position that they would have been if the contract was performed as promised

value promised-value received

efficent breach

when it is economically beneficial for a party to breach a contract, pay expectation damages, and pursue a more valuable option or opportunity.

Mens rea

The guilty mind or criminal intent required to commit a crime.

Actus reus

It refers to the physical element of a crime—the conduct, action, omission, or result that the law prohibits.

steps in the litigation train

1) complaint

2)motion to dismiss --> if granted case is dismissed

3)answer

4)Discovery

5)Motion for summary judgement --> if granted case is dismissed

6)trial

statutes

laws passed by legislators

*Federal level: passed by congress

*State level: passed by state legislators

regulations

specific rules created by government agencies

common law

A legal system based on custom and court rulings

The law that develops historically through judicial decisions rather than statutes

"undesired thing"

the problem or hard that the law is trying to address or prevent

IRAC

Issue

Rule

Application

Conclusion

issue

The legal question you need to answer

*take the facts of the situation and turn them into a specific legal question

rule

the law that applies to your issue

*you need to identify the relevant rule, usually from a statue, case, regulation, or common law

application

the part of IRAC where you apply duty, breach, causation, and damages to the case you are arguing about

*don't just state the facts of the case, explain their legal significance!

res ipsa loquitor

a doctrine that allows a court to infer negligence from the nature of an accident, even when there isn't direct evidence showing exactly how the defendant was negligent.

1) Negligence can be inferred when...

The accident ordinarily would not occur without negligence.

2) The instrumentality causing the injury was under the defendant's control when the defect likely arose.

3) The plaintiff did not contribute to the accident.

Strict Liability

holds a defendant responsible for injuries caused by a defective product regardless of whether the defendant acted with reasonable care.

Negligence liability

requires the plaintiff to prove that the defendant failed to exercise reasonable care in the design, manufacture, or distribution of a product.

strict egalitarianism

the idea that people should receive equal shares of resources, benefits, rights, or opportunities, regardless of differences in their circumstances.

luck egalitarianism

People should not be disadvantaged by circumstances that are outside their control, but differences resulting from responsible choices may be acceptable

Rawls's theory of justice

What principles would free and equal people choose to govern a fair society?

-veil of ignorance.

-Rawls argues that people in the original position would choose two principles, 1) equal basic liberties 2)Social and Economic Inequalities

Everyone gets equal basic liberties, fair opportunities, and inequalities are permitted when they benefit the least advantaged

Nozick's theory

A distribution of wealth can be just even if it is unequal, provided that people acquired and transferred their property justly.

says that a distribution of wealth is just if people acquired and transferred their property fairly and voluntarily, regardless of whether the final result is equal. He argues for a minimal state that protects individual rights and property, rather than extensively redistributing wealth to achieve equality.