LSB 3213 1st Edition Exam 1 Study Guide Lectures 1 8 Chapter 1 4 schools of legal thought aka jurisprudence or legal philosophy Natural Law o Certain universal norms that apply to human beings Don t lie be kind human rights etc Seen in International Criminal Court war crimes not universally right Positive Law o Only care about what the law book says Is it against the law illegal If not it is legal ok Almost opposite of natural law Historical Approach o Look at history to see how things were dealt with in the past to make legal decisions Legal Realism o Look at political situation and find solution using whichever means we want or have at our disposal Common Law vs Civil Law Systems Common law vs civil law systems o Civil law based on statutory regulations and law then the judge s decision o Common law based on the judge s previous decisions precedent The lower court must apply the precedent that was established in higher courts The lower court can also say that the decision made by a higher court is unconstitutional unfair etc and have it over turned This could not occur is a civil system Judges interpret laws to resolve disputes Case law becomes binding precedent stare decisis unless there s a compelling reason not to follow precedent Compare and Contrast Four Legal Philosophies Terminology A Terminology B Judge Made Law Statutory Law Common Law System Civil Law System Civil Law Criminal Law Federal Law State Law Damages Equitable Remedies Substantive Law Procedural Law Federal and state systems State mirrors federal statutes laws federal ranks above state always Civil Law vs Criminal Law Civil Law o Spells out rights and duties that exist between persons and between persons and their governments as well as the relief available when a person s rights are violated Criminal Law o Concerned with wrongs committed against the public as a whole o Defined and prohibited by local state or federal government statutes Substantive Law vs Procedural law Substantive law o Consists of all laws that define describe regulate and create legal rights and obligations Procedural law o Consists of all laws that outline the methods of enforcing the rights established by substantive law Court Awards Civil claims not criminal claims Damages money Equitable Remedies equal money o Specific Performance sue and ask someone to do something or perform an act ex make someone abide by to a contract o Injunction want someone to stop ex don t let the state sell logging rights on forest near your property Chapter 4 Federal Preemption Supremacy Clause Supremacy Clause o Provides that the Constitution laws and treaties of the United States are the supreme law of the land When there is a direct conflict between a federal law and a state law the state law is rendered invalid Preemption o A valid federal statute or regulation will take precedence over a conflicting state of local law or regulation on the same general subject Constitutional Limits on State Laws Privileges and Immunities Clause o Definition People in one state should have the same rights and privileges of their home when they are in another state o Two part test 1 Substantial reason to discriminate AND 2 Interfere with essential activity o Tuition Marriage Employment Example 1 Is making out of state students pay a higher tuition legal 1 Substantial Reasons state taxes some of which go to the university out of state students could be taking away spots opportunities from in state students 2 Essential Activity This would only interfere if the quality of degree is different in state vs out of state nothing legally states that college is a fundamental right or essential activity VALID MEETS BOTH TESTS Example 2 Is it legal to charge more for a marriage license because both members of the couple are not from the state 1 Substantial Reasons No valid reason could make the state taxes argument however over the long run the person from out of state moving in state will pay state taxes 2 Essential Activity The right to marry is definitely a fundamental right INVALID DOES NOT MEET EITHER TEST Example 3 The Oklahoma legislature decides that a 5 000 fee must be paid by companies that hire out of state employees however companies who hire in state employees will receive a tax credit in an effort to decrease the unemployment rate in Oklahoma and motivate companies to hire Oklahoma residents 1 Substantial Reasons There is a valid reason to want to decrease Oklahoma s unemployment rate and hire Oklahoma residents 2 Essential Activity Making a living and providing for yourself and family is an essential activity This law would be interfered with as employers would be less likely to hire out of state residents INVALID DOES NOT MEET THE SECOND TEST Full Faith and Credit Clause o Definition o Each state must give validity to decisions made by other states o Example collect a KS judgment in OK o If you sued someone in Kansas and win and then find out that the person you sued is from Oklahoma and has all of their assets in Oklahoma If you bring your judgment paperwork to the Oklahoma court what must they do Cannot refuse to enforce the judgment so the judgment must be enforced in Oklahoma Dormant Commerce Clause o Commerce clause federal laws regulate govern interstate commerce o Dormant commerce clause state laws cannot unduly burden interstate commerce o States cannot regulate activities that cross state lines o Balancing test Importance of state interest vs Burden on interstate commerce Commerce Clause Constitution expressly delegates to the national government the power to regulate interstate commerce in order to prevent states from establishing laws and regulations that would interfere with trade and commerce among the states o Provides the basis for the national government s extensive regulation of state and even local affairs o Commerce within the states can be regulated by the national government as long as the commerce substantially affected commerce involving more than one state Bill of Rights Individual rights limits on government Broad and general Not 100 absolute Courts decide details on legal arguments Search Warrants Generally required but some exceptions o Food They can seize contaminated food without a warrant o Regulated industries Alcohol weapons blast mines don t need warrants o General enforcement schemes Don t need a warrant to audit your taxes OSHA doesn t need a warrant to inspect businesses to ensure that they are following OSHA regulations Right to