Recording-2025-02-24T21:05:58

Common Law and Administrative Law

• Stare Decisis: Principle of legal precedent; actual decisions set by courts create binding authority for future cases.

• Administrative Law: Laws created by agencies such as the FCC, FDA, FAA, INS, IRS, and SEC.

Classifications of Law

• Types of Law:

  • Criminal Law: Involves violations against the state; requires proof "beyond a reasonable doubt".

  • Civil Law: Involves disputes between individuals or entities; the burden of proof is a preponderance of the evidence.

Legal vs. Moral Distinction

• Legal vs. Moral: Not all legal actions are moral; examples include slavery and migrant detention.

• Understanding this distinction is not primary for exams, focus on jurisprudence instead.

Jurisprudence and Legal Interpretation

• Legal Philosophy: Law as defined by the legislature.

• Approaches to Legal Interpretation:

  • Plain meaning of statutes.

  • Legislative history and intent.

  • Court interpretations based on factual determinations.

Court Systems

• Levels of Court:

  • General Jurisdiction: Can hear any kind of case.

  • Limited Jurisdiction: Includes small claims, juvenile court, and traffic court.

• Inferior Courts: Typically do not keep records, making appeals require a new trial (de novo).

Jurisdiction

• Jurisdiction: Defined by the concept of minimum contacts, illustrated by International Shoe vs. Washington where the court confirmed liability in the state of sales.

• Federal Court Access: Must involve a federal question or diversity of citizenship.

States of Litigation

• Phases of Litigation:

  • Papering: Involves initial documents (complaint, summons, answer, reply, counterclaims).

  • Discovery: Includes depositions and evidence gathering.

  • Trial: Opening statements, witness testimonies, and burden of proof by the plaintiff.

  • Appeal: No new fact-finding, decisions affirm, reverse, or remand lower court rulings.

• Harmless Error: A legal error that does not affect the outcome of the case.

Alternative Dispute Resolution (ADR)

• Negotiation: Main method of resolving disputes mutually.

• Mediation: Involves negotiation facilitated by a neutral third party.

• Arbitration: Parties present their case to an arbiter who makes a binding decision.

Sources of Law

• Three Primary Sources:

  • Common Law: Based on judicial decisions and established precedents, allowing legal evolution.

  • Statutory Law: Law created through the legislative process involving Congress (House of Representatives and Senate).

    • Bill Process: Requires passing in both houses before presidential approval; can be overridden by Congress if vetoed.

Intentional Torts**

• Defamation: Injuring someone’s reputation through false statements.

• False Imprisonment: Intentionally restraining someone without legal justification.

• Negligence: Establishes a duty, breach, causation (actual and proximate), and damages; involves defenses such as contributory negligence.