Notes For Exam 1 Thursday September 01 2011 General info o Presenting cases o Issue Rule of law application conclusion IRAC method o Libraries Research Port Westlaw o Court of Appeals is the highest court in MD o In the body of a case Citation shows where document was published Headnotes Tell what the action was about and what the court held Conclusion Judges concurred in judgment below conclusion Keynotes Summary of the laws being used in case Names of counsel Names of the judges sitting Opinion of the court Written by one judge Other judges read and sign off make changes o Certiorari Asks for an appeal Supreme Court only hears appeals granted by certiorari o Workman s Compensation Exclusive on the job remedy o Dram Shaw Act Bar owner is liable for drunk driving accidents after being in the bar o Intellectual Property Copyrights trademarks patents o TRO Temporary Restraining Order type of equitable action to prevent someone from or making someone do something o 2 different areas attorneys work in Litigation Ends up in court Transactional Real estate settlements trusts wills Cases o Reyes v Prince George s County New center in near old Capital s stadium funded with bonds Bond companies hire law firm to bring suit against the county Judge Digges believe deal to be collusive with no dispute present o Baltimore City Board of School Commissioners v City Neighbors Charter School DJ Declaration Judgment Dispute over funding requirements of charter schools Appeal Administrative agency Business on Route 1 that require lawyers o Exon Franchising rights business licenses workmen s comp environmental o Diner EEC Equal Employment Commission not withholding taxes bankruptcy problems form leaks Chapter 1 o Constitutions Create branches and define a judiciary to interpret laws Federalism Allow states to create their own laws Prevent other units of gov t from creating certain laws or doing certain things o Statutes Laws created by elected representatives o Uniform Acts Laws put together by lawyers and then enacted by representatives o Case Law Judge made Case Law Laws made and applied by judges as they decide cases not governed by statutes o Equity Cases which the common law courts could not resolve fairly o Classifications of law 1 Criminal law and civil law 2 Substantive law and procedural law Substantive law The rights and duties of people as they act in society Procedural law Controls the behaviors of gov t bodies as they establish and enforce substantive laws 3 Public law and private law Felder v Butler o Issues Does Hatfield v State still apply under principals of stare decisis o Rule of law Is tavern owner liable for acts of intoxicated patrons Stare decisis requires the application of Hatfield Tavern owner therefor not liable o Application o Conclusion Trial court correctly applied Hatfield Tavern owner not liable driving accident o Plaintiffs sue tavern owner because an intoxicated patron injured them in a drunk o One Hawkins got drunk left the bar and crashed into the plaintiffs vehicle o Plaintiffs declared that Hawkins was unlawfully underage sold alcohol but it was ruled that Hawkins negligent driving was to blame rather than the unlawful sale of alcohol o Court ruled based on State v Hatfield that third party alcohol vendors cannot be blamed o Court ruled in agreement with the standing common law that third party vendors of alcohol cannot be blamed for the negligent action of patrons o The court refused to alter the common law rule as that is usually left to the legislative branch of the gov t Tuesday September 06 2011 The nature of the law o Each state has a constitution o MD adopts English statues from July 4th 1776 as Maryland Common Law o Federal Supremacy Order of law to be followed Eg US Const State Const o U S constitution trumps everything else o Order of federal supremacy 1 Constitutions 2 Treaties 3 Statutes Federal then State 4 Ordinances o Judicial branch can remove legislature and executive orders o Common Law Case Law Appellate courts make decisions regarding common law rules Order of appeals check 5 Supreme court 4 Court of appeals 3 District court 2 Court of special Appeals 1 Court of Appeals Depends on precedents stare decisus let the decision stand o Types of cases Equity case Other relief no jury Ex Divorce ecclesiastical Injunctive relief o 1 Temporary restraining order TRO Ex parte proceeding only one party is heard both don t have to be at court o 2 Preliminary injunction lasts until the case is over o 3 Permanent injunction awarded at trial Specific performance Asking someone to specifically perform a contract through a trustee Reformation Fixing errors in contracts reforming a contract Rescission Set aside a contract due to fraud Receivership The receiver manages a property collect rent before a foreclosure sale is complete Forclosure Law cases Monetary relief jury Monetary relief Right to a jury trial Case involving equity and law The case is tried in front of a jury who decide the monetary issues and the judge decides on the equitable issues o Bell ringing Lobbyists fabricate an issue in order to lobby against it and make money o Administrative Agency regulations Under the executive branch Admin agencies have Rulemaking authority Decision making authority Published in CFR Code of Federal Regulations COMAR Code of Maryland Agency Regulations o Trentadue v Buckler Law Sprinkler Respondeat superior Master is responsible for his servants MD general statute of limitation is 3 years Contract under seal has 12 year statute of limitations An offense against the state the state brings the action Plaintiff v Defendant seeking money damage o Classifications of Law 1 Criminal Law 2 Civil Law 1 Substantive Law 2 Procedural Law 1 Public Law Enforcing public rights 2 Private Law One citizen seeking to enforce private rights against an individual o Hagan v Coca Cola Bottling Company Plaintiffs drank a Coke and thought they found a condom in it Turned out it wasn t a condom Decision Could sue for emotional distress and won money Florida said that you could only sue for physical damage in similar cases Court ruled that you could sue for emotional damage Cases o Bombliss v Cornelson Background Issue Rule of law Application Cornelsens pursuant to a verbal agreement that the dog they were purchasing was free of genetic defects buys a dog from Eichorn If there was a genetic defect then Eichorn was not entitled to the puppies from Mulan s two liters Turns out that Eichorn s
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