LSB 3213 1st Edition Exam # 1 Study Guide Lectures: 1 - 8Chapter 1:4 schools of legal thought (aka jurisprudence or legal philosophy)- Natural Lawo 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 Lawo 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 Approacho Look at history to see how things were dealt with in the past to make legal decisions- Legal Realismo Look at political situation and find solution using whichever means we want or have at our disposalCommon Law vs. Civil Law Systems- Common law vs. civil law systemso Civil law based on statutory regulations and law then the judge’s decisiono 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 PhilosophiesTerminology A Terminology BJudge Made Law Statutory LawCommon Law System Civil Law SystemCivil Law Criminal LawFederal Law State LawDamages ($) Equitable RemediesSubstantive Law Procedural LawFederal and state systems- State mirrors federal statutes/ laws; federal ranks above state alwaysCivil Law vs Criminal Law- Civil Law:o Spells out rights and duties that exist between persons and between persons andtheir 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 wholeo 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 lawCourt 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 contracto Injunction: want someone to stop; ex: don’t let the state sell logging rights on forest near your propertyChapter 4:Federal Preemption (Supremacy Clause)- Supremacy Clauseo 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- Preemptiono A valid federal statute or regulation will take precedence over a conflicting state of local law or regulation on the same general subjectConstitutional Limits on State Laws- Privileges and Immunities Clauseo Definition People in one state should have the same rights and privileges of their home when they are in another state.o Two-part test1) Substantial reason to discriminate? AND2) 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 Clauseo Definition:o Each state must give validity to decisions made by other stateso 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 Clauseo Commerce clause – federal laws regulate/govern interstate commerceo Dormant commerce clause – state laws cannot unduly burden interstate commerceo States cannot regulate activities that cross state lineso Balancing test Importance of state interest vs. Burden on interstate commerceCommerce 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 stateso Provides the basis for the national government’s extensive regulation of state and even local affairso Commerce within the states can be regulated by the national government as longas the commerce substantially affected commerce involving more than one stateBill of Rights- Individual rights – limits on government- Broad and general- Not 100% absolute- Courts decide details on legal argumentsSearch Warrants- Generally required, but some exceptions:o Food They can seize contaminated food without a warranto