Legal Studies Midterm 1

According to William Blackstone, what is Natural Law?

Law reflects rights, duties, and prohibitions inherent to human nature

What is Legal Positivism, and who is associated with this view?

Law arises from commands issued by people dependent on the people who hold these positions; associated with John Austin

What is Legal Realism, and who are its associated figures?

Law reflects the way judges decide specific legal questions which are fact dependent; associated with Oliver Wendell Holmes & Benjamin Cardozo

What is the function of law regarding stability and change?

Law serves to maintain stability in the social, political, and economic system while simultaneously permitting change

Name two specific ways law preserves stability and permits change, besides resolving criminal/non-criminal disputes.

Protecting the ownership of property and facilitating voluntary agreements; ensuring that changes to political structures and leadership occur through political action, not revolution, sedition, and rebellion

What is Public Law, and what are its examples?

Substantive law that addresses the government’s rights and powers and its relationship to individuals and groups, including Constitutional Law, Criminal Law, and Administrative Law

What is Private Law, and what are its examples?

Substantive law governing individuals and legal entities (such as corporations) in their relationship with each other, including Tort law, corporate law, and contract law

What is the primary purpose of Civil Law, and what is the standard of proof used?

The purpose is compensation and deterrence, using the preponderance of the evidence standard (lower standard of proof)

What is the primary purpose of Criminal Law, and what is the standard of proof used?

The purpose is punishment, deterrence, rehabilitation, and order, using the beyond a reasonable doubt evidence standard

What type of legal system does the U.S. have, and what principle supports its stable evolution?

The U.S. is a common law system based on case law (judge-made law) which serves as precedent for determining later controversies, supported by the principle of stare decisis (stand by decisions)

What is Constitutional Law?

The law of a particular government (state or federal) that establishes governmental structure, allocates power among branches, restricts government powers, and specifies individual rights and liberties

What is Legislative Law?

Statutes passed by state or federal legislatures, which facilitate more dramatic, sweeping, and rapid changes in law to address technology, social, and economic change

What is Administrative Law?

The branch of public law governing the procedures of government entities other than courts and legislatures

Regarding the hypothetical regulation "Section 200: No Vehicles in Riverside Park," what three key questions arise during interpretation?

What constitutes a vehicle? Who is considered a violator? Do we have any exceptions (emergencies, etc.)?

What method of statutory interpretation involves looking at documents as they were originally written?

Textualism

What method of statutory interpretation involves looking beyond the Constitution to ensure a certain purpose is met?

Purposivism

What three key features about the law are revealed through the case method?

he ambiguous nature of the law, the fact-intensive nature of the law, and the importance of precedent/stare decisis

In reading case law, what is analogical reasoning?

Determining that a case is like Case X or distinguishable from Case X

What is a Court's Holding?

The Court’s legal decision, taking into account the relevant facts, which stands as a principle that is binding in lower courts

What is Dicta?

Everything else in a case opinion; everything not strictly necessary to reach, justify, or explain the outcome of the case

What five key components should be known about a case for class?

Important facts, issue(s), holding/decision, key parts of reasoning, majority opinion, and (if applicable) concurrence/dissent

What were the facts of Caldwell v. Bechtell, Inc.?

Caldwell (laborer) contracted silicosis working in a WMATA tunnel under construction and sued Bechtel (consulting engineering firm under contract with WMATA). Bechtel argued it only assumed duties to WMATA by contract

What was the procedural posture of Caldwell v. Bechtell, Inc.?

The U.S. District Court (District of Columbia) granted Bechtel a motion for summary judgment, dismissing the case as a matter of law. Caldwell appealed this decision to the U.S. Court of Appeals, District of Columbia

What was the central issue in Caldwell v. Bechtell, Inc.?

Did Bechtel breach a duty of care owed to take reasonable steps to protect Caldwell (which made the matter one of Tort Law as opposed to Contract Law)

What was the holding of the U.S. Circuit Court in Caldwell v. Bechtell, Inc.?

The U.S. Circuit Court reversed the summary judgment decision, finding that Bechtel owed a duty of care to Caldwell to take reasonable steps to protect him from the foreseeable risk of harm. The case was remanded

What was the reasoning in Caldwell v. Bechtell, Inc. regarding the duty of care?

Unlike contractual duties, the duty of due care under tort law is based primarily on social policy, and the Court found a duty of care due to a special relationship created by Bechtel’s unique expertise

What is the primary mechanism for the judicial resolution of civil law disputes?

Litigation

What three standards are the rules of civil procedures designed for?

Substantive fairness, procedural fairness, and efficiency

What governs cases filed in federal district courts?

The Federal Rules of Civil Procedures ("FRCP")

What are the burdens of proof in Civil Law and Criminal Law?

Civil Law: By a preponderance of the evidence (more likely true than not). Criminal Law: Beyond reasonable doubt

Describe a Class Action Lawsuit.

One or more plaintiffs sue on behalf of similarly situated individuals ("class"). A court must certify that the action meets the criteria, and a "named plaintiff" or "lead plaintiff" typically files the suit

What is the result if a plaintiff prevails in a class action lawsuit?

Class members may obtain relief without bringing their own lawsuits

What is the result if a defendant prevails in a class action lawsuit?

Members of the class are precluded from bringing their own lawsuit with respect to claims in the class action suit

What is the purpose of the Pleadings phase?

To provide notice to the parties and establish or narrow the issue of disputed fact or law

What are the two essential components of a Complaint?

A short and plain statement of the claim with supporting facts showing that the plaintiffs are entitled to relief; and a demand for relief (including relief in the alternative or different type of relief)

After a complaint is filed, what document is issued by the court and served on the defendant?

A summons, along with a copy of the complaint

What is the typical timeframe for a defendant to file an Answer?

Within a specific time period, typically 30 days

What are the three primary components included in a defendant's Answer?

Admissions, denials (specific denial or disclaim knowledge "neither admit nor deny"), and affirmative defenses

Name three examples of Affirmative Defenses.

Lack of contract formation, statute of limitations, contributory negligence, or assumption of risk

If a defendant raises Counterclaims, how does the plaintiff respond?

The plaintiff responds through a reply, which includes admissions, denials, and affirmative defenses relevant to the counterclaim

What is a Pretrial Motion for "failure to state a claim upon which claim can be granted" (Federal Rule of Civil Procedure)?

An assertion that even if the opposing party's facts are true, they have not stated a legally sufficient claim

Name four purposes of the Discovery phase.

Preserve relevant evidence; focus recollection of witnesses; allow parties to understand strengths and weaknesses of each other’s cases; narrow factual or legal issues in dispute; enable parties to see the benefits of settlements

Name the four included tools of Discovery.

Depositions (sworn testimony taken out of courts); written interrogatories (sworn answers by the opposing party); production (documents/objects); requests for admissions of fact

What can result if a party fails to meet discovery deadlines?

Contempt findings

When may a party move for Summary Judgment, and what is the basis for the motion?

After discovery, parties assert that no relevant issues of fact are to be determined at trial, and the court can make a decision as a matter of law

What is the purpose of the Pre-Trial Conference?

A conference between the judge and attorneys to assess the case status, decide preliminary matters, identify witnesses and documents, and often to encourage the parties to settle the case

What is Voir dire during a Trial?

Jury selection, involving challenges for cause and peremptory challenges

After the plaintiff presents their case, what motion might the defendant make, and what does it assert?

A motion for a directed verdict, which asserts that even if the plaintiff’s evidence presented was true, there is an insufficient basis to find in favor of the plaintiff

What are the respective roles of the Judge and Jury during a Trial?

The Judge decides issues of law, while the jury decides issues of facts

What is the legal standard of evidence for emotional distress claims requiring firm belief or conclusion without hesitation?

Clear & Convincing

What three Post-Trial motions may the losing party make?

Motion for a new trial (judge committed prejudicial error; verdict is against weight of evidence; damages are excessive); motion for a judgment notwithstanding the verdict (evidence is so clear reasonable people not differ as to the outcome); judge enters judgment on the verdict

In the appeals process, what standard of review applies to errors of law and errors of fact?

De novo review applies to errors of law; errors of fact review is under a clearly erroneous standard

What part of the U.S. Constitution vests judicial power in the Supreme Court and lower courts?

Article III of the U.S. Constitution

What are the three categories of jurisdiction for courts of limited jurisdiction defined under Article III?

Exclusive federal issues, concurrent federal questions (can be brought in state court), and concurrent diversity cases (no overlap in where parties originate)

How are federal judges appointed?

Appointed for life by the President and confirmed by the U.S. Senate

State courts are generally courts of what type of jurisdiction?

Broad and general jurisdictions

How are judges selected in most state court systems?

Judges are elected

How many U.S. judicial districts are there, and what matters are heard there?

94 U.S. judicial districts; civil and criminal matters are heard

U.S. Circuit Courts hear appeals from which courts?

Appeals from U.S. District court cases within their circuit

How many U.S. Circuit Courts are there?

11 circuits plus DC Circuit and Federal Circuit

How do almost all cases reach the U.S. Supreme Court?

Through a discretionary writ of certiorari

What is the minimum number of justices required to vote to hear a case (certiorari)?

Four justices

For the Supreme Court to hear a case, what must the case involve?

A federal question of substantial importance or a conflict in case law between U.S. Circuit Courts

What is the definition of Jurisdiction?

The power of a court to hear and decide a controversy of a particular kind involving specific parties

What is Subject Matter Jurisdiction?

Authority to hear the subject matter of the case

What is Personal Jurisdiction (or jurisdiction over the parties), and what concept is it based upon?

Authority to hear a case over the parties to a lawsuit (enforceable over the parties), based on minimal contacts under the due process clause of the 14th and 5th amendments

What types of civil matters fall under federal court jurisdiction?

1) exclusive federal issues, (2) concurrent federal questions (statutory or federal constitutional), and (3) concurrent diversity cases (civil state law disputes over $75,000)

What criminal matters fall under federal court jurisdiction?

Federal crimes as defined by Congress (most criminal law is state law)

What matters fall under state courts’ broad and exclusive jurisdiction?

Cases involving diversity of citizenship in which amount in controversy is $75,000 or less, and cases which federal power does not reach, including property, contracts, commercial transactions, and most crimes

What was the Executive Order (EO 4160) at issue in Trump v. CASA, Inc.?

EO 4160 required the executive branch to refuse to recognize children born to illegal immigrants or visa holders as citizens

What was the procedural posture challenge brought by the government in Trump v. CASA, Inc.?

The government appealed the authority of federal courts to issue universal injunctions (relief beyond parties to the case)

What was the Holding of the Majority Opinion (authored by Justice Barrett) in Trump v. CASA, Inc.?

Universal injunctions likely exceed the equitable authority that Congress has given federal courts, exceeding the authority provided to Article III courts pursuant to the Judiciary Act of 1789

What was Justice Barrett's reasoning regarding the historical availability of universal injunctions in Trump v. CASA, Inc.?

The statutory grant to federal courts only includes equitable remedies available at the founding, and universal injunctions were not available at that time, being "conspicuously non-existent for most of our Nation’s history"

How did the Majority in Trump v. CASA, Inc. characterize the modern-day equivalent of "bills of peace"?

Class action suits

Why did the Majority in Trump v. CASA, Inc. reject the argument that universal injunctions are necessary for consistent policy?

They incentivize forum shopping for national policy outcomes based on judge selection

What did the Majority in Trump v. CASA, Inc. require District Courts to assess regarding relief?

District Courts are required to assess if broader injunctive relief may be required for "complete relief" for the parties

What was Justice Sotomayor’s primary criticism in her Dissent in Trump v. CASA, Inc.?

She was critical of the government’s failure to request a complete stay as an intentional effort to avoid the constitutional merits of the EO and the majority's willingness to tolerate such "gameship"

What did Justice Sotomayor emphasize about the Citizenship Clause of the 14th Amendment?

The Citizenship clause is clear: "[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States…"

How did the Dissent in Trump v. CASA, Inc. characterize the relationship between class actions and universal injunctions?

They always co-existed and are not mutually exclusive, noting that class actions impose high costs and burdens

What is the definition of a Tort?

An act (or omission) that gives rise to an injury or harm

What is the mechanism and usual remedy for a Tort?

Mechanism: Civil Lawsuit. Remedy: Almost always money damages

How do supporters argue that Tort Law promotes fairness?

Tort law links deterrence and compensation policies to fairness by requiring compensation

How do critics argue that the expansion of tort liability has impacted the market?

Expansion has led to a "Tort tax" that has raised the price of goods and services and removed others from the market

How do Intentional Torts differ from crimes regarding purpose?

Intentional Torts differ in purpose: "Awarding the plaintiff" versus "depriving the defendant of a certain right"

Define Negligence

A person is liable for negligence if they fail to exercise reasonable care, under the circumstances, for the safety of another person or their property, and where that failure is the proximate cause of injury to that other person or damage to their property

What are the four elements of Negligence?

Defendant owes a duty of care to the plaintiff; defendant breaches that duty of care; defendant caused a harm to the plaintiff; and the plaintiff suffered a harm that is protected against negligent conduct

What is the standard used to define the Duty of Care?

The degree of carefulness that a reasonable person would exercise in a given situation

Describe the "reasonable person" standard.

An objective and external standard, representing the fictitious person who is always careful and prudent and never negligent

Under the Reasonable Person Standard, how is the conduct of children judged?

Reasonable for a person of the same age, intelligence, and experience (Below the age of majority)

When does a physical disability factor into the Reasonable Person Standard?

The standard is that of a reasonable careful person with the same disability

When are mental or emotional disabilities considered under the Reasonable Person Standard?

Not considered unless the person is a child

What happens if a defendant’s negligence caused an emergency?

The defendant is liable even if they acted reasonably during the emergency

What is Negligence Per Se?

The reasonable person standard may be established by statute or administrative regulation, and the majority of courts hold that an unexcused violation constitutes negligence per se (breach of duty of care)

If a party complies with a regulation, does that prevent a finding of negligence?

No, compliance with regulation does not prevent a finding of negligence if a reasonable person would have undertaken additional precautions (e.g., driving the speed limit on a snowy day)

What court decided Soldano v. O’Daniels?

California Court of Appeals, 5th District (1983)

What was the procedural posture of Soldano v. O’Daniels?

The trial court dismissed the case on summary judgment based on the defendant's motion, and the case was appealed

What were the facts of Soldano v. O’Daniels?

After Soldano’s father was threatened at Happy Jack’s Saloon, a patron ran into the Circle Inn and requested that the bartender call the police or allow the patron to use the phone. The Circle Inn’s bartender refused, and Soldano’s father was murdered at Happy Jack’s. Soldano sued for wrongful death

What was the court's reasoning regarding duty in Soldano v. O’Daniels?

Although no special relationship existed, imposing a duty could prevent future harms, and the duty required was not summoning the police but not impeding another who had chosen to summon aid

Why did the court find the harm foreseeable in Soldano v. O’Daniels?

The bartender was told about the threat, and based on his job, it was foreseeable that some people who drink alcohol are prone to violence

What was the connection between the bartender's conduct and the injury in Soldano v. O’Daniels?

The refusal to allow the use of the phone prevented a potentially life-saving interaction, and the bartender’s burden was minimal and exposed him to no risk