Law+240+-+Midterm+1+-+Short+Answer+Questions

Primary Sources of Contemporary U.S. Law

• Constitution: The supreme law of the land, establishing the framework for government and fundamental rights.

• Legislation: Statutes enacted by federal and state legislatures.

• Administrative Regulations: Rules created by government agencies to implement legislation.

• Judicial Law: Judicial interpretations of laws and regulations that set precedents for future cases.

Doctrine of Precedent

• Definition: Also known as "stare decisis," it refers to the practice of judges following the decisions of past cases in similar situations.

• Application: In common law systems, lower courts must adhere to the precedential rulings set by higher courts in their jurisdiction, ensuring consistency and predictability in the law.

Process of Jury Selection

• Voir Dire: The process whereby potential jurors are questioned by attorneys and the judge to determine their suitability for serving on a jury.

• Challenges for Cause: The ability to dismiss jurors for specific reasons such as bias.

• Peremptory Challenges: The right to dismiss a juror without stating a reason, subject to limits according to jurisdiction.

Court System(s) for Pablo's Lawsuit

• State Courts: Since the accident occurred in Arizona, Pablo can file a lawsuit in Arizona state court.

• Federal Courts: If there is complete diversity of citizenship and the damages exceed $75,000, Pablo may also file in federal court (Diversity Jurisdiction).

Advantages and Disadvantages of Arbitration vs. Litigation

• Advantages of Arbitration:

  • Faster resolution compared to lengthy court cases.

  • More control over the selection of the individual (or arbitrator) deciding the case.

  • Generally lower costs associated with the dispute resolution process.

• Disadvantages of Arbitration:

  • Limited grounds for appeal compared to court litigation.

  • Potentially less discovery than in litigation, which could affect the outcome.

  • The process may favor repeat players, such as corporations known to use arbitration.

Elements Necessary to Establish Defamation

• False Statement: A statement must be proven false.

• Publication: The statement must be made to a third party.

• Fault: The party making the statement must have acted with negligence or actual malice.

• Harm: The statement must have caused harm to the subject's reputation.

Limitations on Punitive Damage Awards

• Reasons for Limiting: Concerns over wealth disparities could lead to excessively large awards against corporations.

• Reasonable Test: A fair test may involve evaluating the relationship between the amount of punitive damages and the actual harm suffered by the plaintiff, as well as considering the defendant's ability to pay.

Elements Necessary to Establish Negligence

• Duty of Care: The defendant must have owed a legal duty to the plaintiff.

• Breach of Duty: There must be a failure to meet the standard of care expected.

• Factual Causation: Defendants actions must have actually caused harm

• Proximate Causation: It was foreseeable that the actions from the defendant would cause this time of harm

• Damages: The plaintiff must have suffered actual damages or injury as a result.

Contractor Liability Case

• Homeowner's Claim: The homeowner is asserting liability for damage caused by the contractor's use of dynamite.

• Analysis: The homeowner's claim may not be valid, as the contractor was careful and acted within reasonable bounds of safety. Unless strict liability applies (e.g., use of inherently dangerous activities), the contractor may not be liable for property damage occurring due to lawful use of dynamite absent negligence.