Chapter 1 Sources of Contemporary Law 1 US Constitution Branches of Government Legislative Power Create Executive Power Enforce Judicial Power Interpret Checks and Balances Fundamental Rights Amendments 2 Statutes law created by legislative body bill approved majority in senate and congress if vetoed can override by 2 3 majority 3 Common Law from past court decisions precedent stare decisis let the decision stand 4 Court Orders 5 Administrative Law agencies oversee create rules 6 Treaties president with other nations ratified by Senate Classifications Criminal Law prohibits certain behavior usually statutes Civil Law regulates the rights and duties between parties Jurisprudence The philosophy of law Legal Positivism law is what the sovereign says whether you think it is right or wrong Sovereign recognized political power whom citizens obey Natural Law Thomas Aquinas unjust law should not be obeyed law should have moral basis good is to be done evil avoided Vague Legal Realism who enforces the law counts more than what is in writing Everyone has personal bias especially lawmakers and judges How to Analyze a Case IRAC What is the issue Courts Rationale Analysis Conclusion Chapter 2 Law how people must act Ethics how people ought to act Life Principles the rules by which you live your life If you develop these Life Principles now you will be prepared when facing ethical dilemmas in the future Why act ethically Society as a whole benefits from ethical behavior People feel better when they behave ethically Unethical behavior can be very costly Utilitarian Ethics mathematical approach to ethics cost benefit maximize happiness minimize pain John Stuart Mill Deontological Ethics all that matters are the results of a decision not the reason why its made ends do not justify the means Immanuel Kant ethical decisions made for good and moral reasons human beings have sense of dignity not commodities Stakeholder Model employees workers etc vs Shareholder Model Milton Freedman Ford sued After WWII Overseas contract work industrialization stepping stone out of poverty Chapter 3 ADR any other formal or informal process used to settle disputes without resorting to trial Court Systems State Courts Trial Courts determine facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions Subject Matter Jurisdiction hear a particular type of case Trial Courts of Limited Jurisdiction small claims juvenile probate Trial Courts of General Jurisdiction general civil division big or small Personal Jurisdiction legal authority to require defendant to stand trial pay judgements etc Appellate Courts have right to review decisions of trial courts or call for new trial if error of law Court of Appeals appellant party filing appeal appellee party opposing the appeal both sides submit briefs written arguments on the case oral arguments affirmed or reversed State Supreme Courts final word on state law can accept or deny any appeal Federal Courts 3 PLEADINGS A complaint and an answer are the two most important pleadings that is documents that start a lawsuit pp 51 54 4 DISCOVERY Discovery is the critical pre trial opportunity for both parties to learn the strengths and weaknesses of the opponent s case Important forms of discovery include interrogatories depositions production of documents and objects physical and mental examinations and requests for admission pp 54 59 5 MOTIONS A motion is a formal request to the court pp 54 66 6 SUMMARY JUDGMENT Summary judgment is a ruling by the court that notrial is necessary because there are no essential facts in dispute pp 59 61 7 JURY TRIALS Generally both plaintiff and defendant may demand a jury in any lawsuit for money damages pp 61 66 8 VOIR DIRE Voir dire is the process of selecting jurors in order to obtain an impartial panel p 62 9 BURDEN OF PROOF The plaintiff s burden of proof in a civil lawsuit is preponderance of the evidence meaning that its version of the facts must be at least slightly more persuasive than the defendant s In a criminal prosecution the government must offer proof beyond a reasonable doubt in order to win a conviction pp 63 64 10 RULES OF EVIDENCE The rules of evidence determine what questions may be asked during trial what testimony may be given and what documents may be introduced pp 65 65 11 VERDICTS The verdict is the jury s decision in a case The losing party may ask the trial judge to overturn the verdict seeking a JNOV or a new trial Judges seldom grant either pp 65 66 12 APPEALS An appeals court has many options The court may affirm upholding the lower court s decision modify changing the verdict but leaving the same party victorious reverse transforming the loser into the winner and or remand sending the case back to the lower court pp 47 50 66 68 13 ADR Alternative dispute resolution is any formal or informal process to settle disputes without a trial Mediation arbitration and other forms of ADR are growing in popularity pp 68 70 Chapter 4 COMMON LAW The common law evolves in awkward fits and starts because courts attempt to achieve two contradictory purposes predictability and flexibility pp 77 79 STARE DECISIS Stare decisis means let the decision stand and indicates that once a court has decided a particular issue it will generally apply the same rule in future cases p 77 BYSTANDER RULE The common law bystander rule holds that generally no one has a duty to assist someone in peril unless the bystander himself created the danger Courts have carved some exceptions during the last 100 years but the basic rule still stands pp 77 79 LEGISLATION Bills originate in congressional committees and go from there to the full House of Representatives or Senate If both houses pass the bill the legislation normally must go to a Conference Committee to resolve differences between the two versions The compromise version then goes from the Conference Committee back to both houses and if passed by both to the president If the president signs the bill it becomes a statute if he vetoes it Congress can pass it over his veto with a two thirds majority in each house STATUTORY INTERPRETATION Courts interpret a statute by using the plain meaning rule then if necessary legislative history and intent and finally if necessary public policy 6 ADMINISTRATIVE AGENCIES Congress creates federal administrative agencies with enabling legislation The Administrative Procedure Act controls how agencies do their work 7 RULEMAKING