BLaw Exam 1

Chapter 1

Functions of Law

1. keeping the peace

2. shaping moral standards

3. promote social justice

4. maintaining the status quo

5. facilitating orderly change

6. facilitating planning

7. providing a basis for compromise

8. maximizing individual freedom

SP25 Con Law Notes Sheet

1. U.S. Constitution: Federalism and Separation of Powers Doctrine

• Federalism: The division of power between the federal and state governments. The Constitution grants specific powers to the federal government (enumerated powers) while reserving others for the states.

• Separation of Powers Doctrine: Divides government authority among three branches—Executive, Legislative, and Judicial—to ensure no one branch becomes too powerful.

2. Responsibilities of Each Branch of Government

• Executive Branch: Enforces laws; led by the President, who also acts as Commander-in-Chief and oversees federal agencies.

• Legislative Branch: Makes laws; consists of Congress (House of Representatives and Senate).

• Judicial Branch: Interprets laws; consists of courts, with the Supreme Court being the highest authority.

3. What is the Preemption Doctrine? The Preemption Doctrine asserts that federal law overrides state law in areas where the Constitution grants the federal government authority or where federal and state laws conflict.

4. Explain the Commerce Clause

• Grants Congress the power to regulate trade and commerce among states, with foreign nations, and with Native American tribes.

• The federal government maintains authority through its interpretation of "interstate commerce," which has been broadly defined to include activities affecting multiple states.

Are state laws favoring the home state constitutional?
Generally, no. State laws that discriminate against or unduly burden interstate commerce violate the Commerce Clause.

5. Bill of Rights and Amending the U.S. Constitution

• Bill of Rights: The first ten amendments to the Constitution, protecting individual freedoms such as speech, religion, and due process.

• Amending Process: Requires a two-thirds majority in both houses of Congress or a constitutional convention called by two-thirds of state legislatures, followed by ratification by three-fourths of the states.

6. Freedom of Speech (First Amendment)

• Protected Speech: Includes political, symbolic, and commercial speech.

• Unprotected Speech: Includes obscenity, defamation, incitement to violence, and false advertising.

7. Freedom of Religion (First Amendment)

• Free Exercise Clause: Protects individuals’ right to practice their religion freely, without government interference.

• Establishment Clause: Prohibits the government from establishing a state religion or favoring one religion over others.

8. Due Process Clause

• Found in the Fifth and Fourteenth Amendments.

• Substantive Due Process: Protects fundamental rights from government interference unless there is a compelling state interest.

• Procedural Due Process: Ensures fair procedures (e.g., notice and hearing) before depriving someone of life, liberty, or property.

9. Levels of Judicial Scrutiny

1. Strict Scrutiny: Applied to cases involving fundamental rights or suspect classifications (e.g., race, religion). The government must show a compelling interest.

   • Example: A law banning religious practices.

2. Intermediate Scrutiny: Applied to cases involving gender or legitimacy. The law must further an important government interest.

   • Example: Laws concerning the draft for men only.

3. Rational Basis Review: Applied to all other cases. The law must have a rational connection to a legitimate government purpose.

   • Example: Zoning laws.

10. Eminent Domain / Takings Clause The government can take private property for public use (eminent domain) but must provide "just compensation" under the Fifth Amendment's Takings Clause.

11. Privileges and Immunities Doctrine Prevents states from treating citizens of other states unfairly or discriminating against them in fundamental matters like work, travel, or access to courts.

Judicial, Alternative, & Dispute Resolution Notes

1. What is “Litigation”? Litigation refers to the process of resolving disputes through the court system. It involves filing lawsuits, pre-trial procedures, a trial, and potential appeals to enforce or defend legal rights.

2. Attorney Compensation Models

• Contingency Fee: The attorney takes a percentage (commonly 25%-40%) of the awarded settlement or judgment.

  • Example: Used in personal injury or class action lawsuits.

• Hourly Fee: The client pays the attorney based on the hours worked, often used in corporate or divorce cases.

  • Example: $300 per hour for contract review.

• Flat Fee: A fixed fee for specific legal services, such as drafting a will or reviewing contracts.

  • Example: $2,000 to draft incorporation documents.

3. Cases for Contingency Fees Contingency fees are common in personal injury, wrongful death, and class action lawsuits. They are not typically used for criminal defense or family law matters.

4. Are Contingency Fees Available in All Cases? No, contingency fees are not available in criminal cases or divorce proceedings due to ethical and legal restrictions.

5. Pre-Trial Process and Pleadings

• Complaint & Summons: The complaint initiates the lawsuit and outlines the plaintiff’s claims. The summons notifies the defendant of the lawsuit and compels them to respond.

• Answer: The defendant’s formal response to the plaintiff’s complaint, admitting or denying the allegations.

Order of Pleadings in a Lawsuit:

1. Complaint and Summons

2. Answer

3. (Optional) Counterclaims and Replies

Default Judgment: If the defendant fails to respond to the complaint, the court may issue a default judgment in favor of the plaintiff.

Statute of Limitations: This legal doctrine sets a deadline for filing a lawsuit. If the time limit expires, the case cannot be brought to court.

Class Action Lawsuit: A lawsuit filed by a group of people (a class) against a defendant.
Requirements for Certifying a Class:

1. Common legal or factual issues.

2. Representative parties typical of the class.

3. Sufficient numerosity (a large group).

4. Adequate representation.

6. Discovery Discovery is the pre-trial process where parties exchange information and evidence relevant to the case.

Types of Discovery:

• Depositions: Sworn, out-of-court testimony recorded for later use.

• Interrogatories: Written questions that must be answered under oath.

• Requests for Production: Requests to produce documents or tangible evidence.

7. Pretrial Motions

• Motion for Judgment on the Pleadings: A request for the court to decide the case based only on the pleadings.

• Motion for Summary Judgment: A request for the court to decide the case without a trial because there is no dispute of material fact.

8. Pre-Trial Hearing/Settlement Conference A meeting between the parties, their lawyers, and sometimes the judge to explore settlement possibilities and resolve pretrial issues.

9. How a Trial Proceeds

1. Jury selection (if applicable).

2. Opening statements by both parties.

3. Presentation of evidence and witness testimony.

4. Cross-examination of witnesses.

5. Closing arguments.

6. Jury deliberation (if applicable) and verdict.

Are opening and closing arguments considered “evidence”? No, they are persuasive statements by attorneys and are not considered evidence.

10. Appeals Examples of Errors of Law:

• Misinterpretation of statutes.

• Improper jury instructions.

• Admitting inadmissible evidence.

11. Alternative Dispute Resolution (ADR)

• Arbitration: A private process where a neutral third party (arbitrator) issues a binding decision.

• Arbitration Clause: A contract provision requiring disputes to be resolved through arbitration rather than litigation.

• Binding Arbitration: Parties agree to accept the arbitrator’s decision as final.

Differences:

• Litigation: Public, formal process in court.

• Arbitration: Private, binding resolution by a third party.

• Mediation: Facilitated negotiation where a mediator helps parties reach a voluntary agreement.

Legal Heritage & Information Age Notes

1. Functions of Law

1. Keeping the Peace: Laws against crimes like assault and theft maintain public order.

2. Shaping Moral Standards: Laws prohibiting activities such as prostitution promote societal morals.

3. Promoting Social Justice: Anti-discrimination laws ensure equal opportunities for all citizens.

4. Facilitating Orderly Change: Procedures for amending laws allow for societal evolution.

5. Providing a Basis for Compromise: Contract laws enable parties to negotiate and settle disputes.

6. Maximizing Individual Freedom: Constitutional rights protect freedoms like speech and religion.

7. Facilitating Planning: Property laws allow individuals and businesses to plan for the future.

8. Providing a Mechanism for Dispute Resolution: Civil procedure laws establish courts and processes to resolve disputes.

2. Flexibility of the Law

• Plessy v. Ferguson (1896): The Supreme Court interpreted the 14th Amendment as permitting "separate but equal" facilities, upholding racial segregation.

• Brown v. Board of Education (1954): Overturned "separate but equal," ruling that segregation violated the Equal Protection Clause.

• The 14th Amendment's language did not change; the Court's interpretation evolved.

3. Origin of American Law The American legal system is primarily based on the English common law tradition.

4. Sources of American Law

• Constitutions: Foundational legal documents; e.g., U.S. Constitution.

• Statutes: Laws enacted by legislative bodies; e.g., Civil Rights Act.

• Administrative Regulations: Rules issued by governmental agencies; e.g., EPA regulations.

• Case Law (Judicial Decisions): Court interpretations; e.g., Roe v. Wade.

5. Priority of Laws

• The hierarchy of laws in the U.S. is:

  1. U.S. Constitution

  2. Federal Statutes

  3. Federal Regulations

  4. State Constitutions

  5. State Statutes

  6. State Regulations

  7. Local Ordinances

• If a conflict exists, higher-ranking laws prevail (e.g., federal statutes over state statutes).

6. Judicial Decisions and Stare Decisis

• Judicial decisions are rulings made by courts in individual cases.

• Stare Decisis: Courts follow precedents (prior decisions) to ensure consistency.

• State courts are not bound by the precedents of other states but may consider them persuasive.

7. Application of Law to Technology

• Existing laws are applied to new digital environments (e.g., privacy laws applied to online data).

• Example: Anti-harassment laws applied to cyberbullying cases.

8. Critical Legal Thinking

• Definition: Applying logic and reason to analyze and evaluate legal issues in a business scenario or decision-making process.