Legal Studies Modules 1 and 2 Review

Negligence, Strict Liability, and Products Liability

Negligence:

• Elements:

  • Duty: The legal obligation one party has to another to act in a reasonable manner. This duty can arise from statutes, contracts, or common law.

  • Breach: A violation of that duty. To determine breach, courts often assess whether a reasonable person would have acted differently under similar circumstances.

  • Causation:

    • Cause-in-fact: The actual cause of harm, often established by the "but-for" test: but for the defendant’s actions, the harm would not have occurred.

    • Proximate Cause: Legal cause; this determines whether the harm was a foreseeable result of the defendant's actions.

  • Damages: The actual harm suffered by the plaintiff, which can include physical injuries, emotional distress, or financial loss.

• Defenses:

  • Comparative Negligence: A defense that reduces the plaintiff's recovery by the percentage of fault attributed to them.

  • Assumption of Risk: The plaintiff's voluntary acceptance of a known risk may bar recovery.

  • Statute of Limitations: Legal time limits within which a plaintiff must file a lawsuit; failure to do so may result in loss of right to sue.

Strict Liability:

• Definition: A legal doctrine holding parties responsible for damages or injury regardless of fault or intent.

• Application: Strict liability typically applies to ultra-hazardous activities (e.g., using explosives) and defective products that are unreasonably dangerous.

• Key Point: The plaintiff does not need to prove negligence or fault; they only need to demonstrate that the activity or product caused harm.

Products Liability:

• Theories:

  • Negligence: Liability may arise if a manufacturer fails to exercise reasonable care in the production of their goods.

  • Warranty:

    • Express Warranty: A specific promise made by the seller about the quality or performance of the product.

    • Implied Warranty: An assumption that the product is fit for its intended purpose.

  • Strict Liability: As mentioned, pertains to defects in products that render them dangerous even without proof of negligence.

• Common Defenses:

  • Assumption of Risk: The user knowingly and voluntarily engaged in a risky activity related to the product.

  • Misuse: If the plaintiff used the product in a way that was not intended or expected, this may serve as a defense.

  • State-of-the-Art: Manufacturers may argue that they adhered to the best practices and technology available at the time of production, thereby negating liability.

Utilitarian vs. Kantian Ethics

• Utilitarianism:

  • Key Idea: Choose actions that create the greatest good for the greatest number.

  • Focus: Consequences.

• Kantian Ethics:

  • Key Idea: Actions are moral if they adhere to universal rules and respect individuals.

  • Focus: Intentions and duties.

Jurisdiction and Venue

Jurisdiction

Subject Matter Jurisdiction (SMJ)

• Definition: The authority of a court to hear and decide cases of a particular type or cases relating to a specific subject matter.

• Types:

  • Federal Question Jurisdiction: Courts have SMJ when cases arise under federal laws, treaties, or the U.S. Constitution.

  • Diversity Jurisdiction: Exists when parties are citizens of different states and the amount in controversy exceeds a certain threshold (currently $75,000), allowing federal courts to hear the case to avoid state bias.

Personal Jurisdiction (PJ)

• Definition: The authority of a court over the parties involved in the litigation.

• Types:

  • General Jurisdiction: A court has the authority to hear any type of case involving a defendant, typically when the defendant has substantial contacts with the forum state. For example, a corporation regularly conducting business in a state may be subject to PJ in that state.

  • Specific Jurisdiction: Arises when the cause of action is directly related to the defendant's contacts with the forum state, meaning the defendant has purposefully availed themselves of conducting activities in the state.

• Long-Arm Statutes: Laws that expand a state's jurisdiction to people or entities outside its borders if they engage in certain activities within the state (like conducting business or committing a tort).

Venue

• Definition: The specific geographic location where a case is tried, which is typically governed by statutes that consider factors such as:

  • Where the parties reside: The venue may be determined based on where the plaintiff resides or where the defendant resides.

  • Where the events occurred: A venue is proper in the location where the events leading to the lawsuit took place.

  • Convenience Factors: Courts may also consider where the evidence and witnesses are located, and the convenience for the parties involved in the trial.

• Transfer of Venue: Courts have the discretion to transfer a case to a more appropriate venue for various reasons including fairness, witness availability, or if the current venue is deemed inconvenient for the parties.

• Venue:

  • Determines the specific location where a case is heard.

Discovery

• Purpose: Evidence gathering before trial.

• Methods: Depositions, Interrogatories, Requests for Production, Requests for Admissions.

• Importance: Ensures fairness and preparation.

Interstate Commerce Clause

• Definition: Gives Congress the power to regulate commerce between states and internationally.

• Significance: Broad authority, influencing business regulations and state laws.

Levels of Scrutiny

Levels of Scrutiny

Rational Basis:

• Definition: The lowest level of judicial review used by courts when evaluating laws or policies.

• Application: Primarily applied to economic and business regulations, as well as social and political classifications that are not considered inherently suspect.

• Requirements: For a law to pass this scrutiny, it must be rationally related to a legitimate government interest. The government has a broad range of legitimate interests, and courts typically show deference to legislative judgement in this area.

• Example: Laws regulating minimum wage levels or occupational licensing requirements may be evaluated under this standard where a legitimate interest, such as public health or economic growth, is demonstrated.

Intermediate Scrutiny:

• Definition: A middle level of scrutiny used by courts, which is more rigorous than rational basis but less so than strict scrutiny.

• Application: Specifically applied to classifications based on gender and age, as they are considered important but not fundamental rights.

• Requirements: A law must further an important government interest in a way that is substantially related to that interest. This means that the government must demonstrate that the law or regulation serves a significant purpose beyond mere rationality.

• Example: Laws that differentiate between age groups for the purposes of age-related benefits (e.g., social security benefits) or regulations aimed at preventing gender discrimination in employment.

Strict Scrutiny:

• Definition: The highest standard of judicial review. This is a critical legal threshold used by courts in reviewing laws that affect fundamental rights or involve suspect classifications.

• Application: Applied to cases involving classifications based on race, religion, national origin, and other suspect categories, as well as to any law that infringes upon fundamental rights such as free speech or the right to vote.

• Requirements: The law must serve a compelling government interest and must be narrowly tailored to achieve that interest without being overly broad or unnecessarily infringing on rights. The burden of proof rests on the government to justify the law.

• Example: Affirmative action policies in education or employment may face strict scrutiny, requiring proof that the measures used are necessary to achieve diversification while not discriminating against other groups.

1. Intermediate Scrutiny:

   • Applies to gender and age classifications.

   • Laws must further an important government interest.

2. Strict Scrutiny:

   • Highest standard, applied to race, religion, and national origin.

   • Laws must serve a compelling government interest and be narrowly tailored.

Necessary and Proper Clause

• Definition: Grants Congress the authority to pass laws needed to execute its enumerated powers.

• Use: Often tied to expanding federal powers (e.g., McCulloch v. Maryland).