INTRODUCTION TO LAW 1 Definition of law and legal relationships 1 Legal relationships i government v government ii government v citizen iii citizen v citizen 2 Natural law v Positivist law 3 Legal systems in the world 1 Common law i precedent ii binding authority 2 Civil law 3 Islamic law 4 Talmudic law 5 Socialist law 6 Customary law 4 Primary sources of American law 1 U S Constitution 2 Federal statutes and treaties 3 Federal administrative law 4 Federal case law 5 State constitutions 6 State statutes 5 Differences between American civil law and American criminal law 7 Uniform law 8 State administrative law 9 State case law 10 Local ordinances 1 Parties involved i criminal government v defendant ii civil plaintiff v defendant 2 Standard of proof i criminal beyond a reasonable doubt ii civil preponderance of the evidence 3 Remedies i criminal societal based ii civil monetary damages actual compensatory punitive limited damages rule specific performance CONSTITUTION 1 History of the Articles of Confederation 2 Commerce Clause 1 Gibbons v Ogden 1824 2 Wickard v Filburn 1942 3 Heart of Atlanta Motel v U S 1964 4 Katzenbach v McClung 1964 5 Perez v U S 1971 6 U S v Lopez 1995 7 Printz v U S 1997 South Dakota v Dole 1987 8 State regulation of commerce i police powers doctrine ii balancing test iii dormant commerce clause 3 Supremacy Clause 1 Preemption doctrine 2 Explicit v implicit preemption 4 Tax and Spend Clause 1 Uniformity requirement 2 Tie to General Welfare Clauses 3 Tie to Necessary and Proper Clause 4 16th Amendment 5 Privileges and Immunities Clause of Article IV 6 Full Faith and Credit Clause 7 Due Process Clauses 1 Procedural due process i criminal ii civil 2 Substantive due process 8 Equal Protection Clause 1 Strict scrutiny 2 Intermediate scrutiny 3 Rational basis scrutiny 9 Bill of Rights 1 Freedom of Speech i political speech ii symbolic speech iii commercial speech message preference v neutrality iv corporate political speech v unprotected speech violating the criminal law defamation obscenity v indecency 2 Freedom of Religion i Establishment Clause ii Free Exercise Clause iii cases McGowan v Maryland 1961 Sherbert v Verner 1963 Engel v Vitale 1962 Santa Fe v Doe 2000 West Virginia v Barnette 1943 Zelman v Simmons 2002 i search warrant requirement ii exclusionary rule iii exceptions consent plain view automobile search incident to a valid arrest exigent circumstances highly regulated industries 4 Fifth Amendment protection against self incrimination i 2 periods of protection ii accountants lawyers Oregon v Smith 1990 Gonzales v O Centro Espirita 2006 3 Fourth Amendment protection against unreasonable search and seizure TORT LAW 1 Types of wrongs 1 Tort 2 Crime 3 Breach of contract 2 Intentional torts 1 intent defined 2 intentional torts against persons i assault ii battery defenses to assault and battery consent self defense defense of property defense of others iii false imprisonment shopkeepers privilege iv intentional infliction of emotional distress v defamation defenses to defamation truth public figure privileged speech absolute v qualified vi invasion of privacy appropriation intrusion false light public disclosure vii fraudulent misrepresentation 6 elements 3 intentional torts against property i trespass to land curtilage law enforcement rule attractive nuisance start of exam 2 ii trespass to chattels chattel is personal property Interfering with your use of one of your belongings iii conversion 1 I take your property then I destroy it When I take your laptop and throw it off of the roof 2 torts happen trespass and conversion Can t have conversion without trespass to chattels 2 defendant 1 takes the property and passes it on to defendant 2 Defendant 2 then passes the property on to a third party Ex The guy sells the car to the lawyer The car is part of the sellers marital assets So the lawyer buyer is then sued by the seller s wife for conversion 3 Negligence 1 negligence defined the plaintiff must show that the defendant was at fault A traffic accident someone is at fault Showing risk risk is everywhere Foreseeability also 2 Elements of negligence i duty of care plaintiff must show that the defendant owed the plaintiff a duty of care reasonably prudent person in similar circumstances The duty of care changes with the circumstances You have a responsibility as a driver during snowy weather to drive well A reasonably prudent nurse or doctor in treating a patient landowners how the duty of care can change 1 of 2 persons an individual or company Person who owns property with the title or rents right of possession property 4 people can come on to the landowners property 1 business invitee comes onto landowners property for landowners benefit Ex you go to a store or mall you are a business invitee of the business owner or landowner What is the duty of care owed to that business invitee You should remove all dangers possible and warn of dangers that cannot be removed 2 Licensee comes on to your property for his own benefit Ex can I come on to your property to use your back 40 to go hunting Landowner must meet duty of care by warning about all dangers 3 CTULA continuing trespasser upon a limited area this person starts out as a trespasser but then they keep doing it again and again Once you are a CTULA you have to be warned by the landowner 4 the trespasser no permission you cant intentionally hurt the trespasser self service store rule applies only to business invitees a source of protection for business invitees against other business invitees The landowner is the defendant If your at Walmart on a Saturday night and there s golf balls laying on the floor and you slip and fall on them then Walmart is liable A store has a constant duty to make sure its stores are safe professionals you have to be licensed Dram Shop laws impose criminal and civil liability on commercial and social hosts that provide alcohol If the drunk gets drunk at your place then drives home and injures Margaret then she can sue you the commercial place duty to rescue no one has the responsibility to rescue unless one of these exceptions 1 is contractual employment baby sitter lifeguard etc 2 blood relationships parents spouses children 3 special relationships roommates mutual dependants Good Samaritan laws protects those who don t have a duty to rescue even if they make things worse as long as they are acting in good faith ii breach of duty factual determination Here is the duty of care and
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