Chapter 1 Nature of Law 03 07 2013 Highest law Common law made by judges Executive orders made by President Sources of Law Constitutions Treaties Legislation Priority rules Regulations and decisions made by Congress Statues federal and state level administrative agencies Ordinances below state level Federal law defeats state Constitutions defeat all other laws within their domain Treaties vs federal statues later time prevails Statues defeat other laws like administrative regulations and decisions that depend on legislative delegation Statues defeat common law rules Classifications of Law Law and equity moral Criminal and civil law Substantive your rights and procedural law how your rights are processed Public law rights given to you by the government constitution Private law contract law tort law law between individuals Functions of law Peacekeeping Checking government power and promoting personal freedom Facilitating planning and realization of reasonable expectations Promote economic growth through free competition Promoting social justice Protecting the environment Types of Legal Arguments Different foundations Different evidence to discern meaning Different values Pluralistic model of law Policy purpose any fact worth of judicial notice Tradition community customs historical beliefs social cohesion Precedent judicial opinions cases stability Intent what text meant popular will references about intent of those who created text Text legal text only the text objectivity Chapter 2 The Resolution of Private Disputes 03 07 2013 Court system jurisdiction 1 Subject matter jurisdiction court o Exclusive federal jurisdiction o Exclusive state jurisdiction o Concurrent jurisdiction 2 Personal jurisdiction state o Only a problem if non resident defendant o Balancing test minimum contacts with the state such that maintaining an action there compacts with traditional notions of fair play and substantial justice Subject matter jurisdiction in federal court 2 ways o Federal law any issue dealing with federal law o State law Diversity of citizenship between the two parties Amount in controversy is more than 75 000 Can you consent to jurisdiction o Personal jurisdiction yes forum selection clause in a contract agree after the lawsuit o Subject matter jurisdiction no Pleadings Complaint filed by plaintiff Answer Counterclaim Reply Three Pre trial motions 1 Motion to dismiss needs to be filed with or before answer 2 Motion for judgment on the pleadings after pleadings have closed and before discovery 3 Motion for summary judgment after discovery before trial Motion test o View everything in light of plaintiff o 1 no material facts o 2 defendant to judgment entitled to win Discovery Request for admissions find what facts 2 parties agree on if lawyer Interrogatories persons story written facts basic questions forgets to answer they lose Depositions oral questions you get to ask other party under oath Request for inspection of documents and things request to inspect property Request for production of documents videos Mental and or physical examination car accidents can be recorded Trial Process Opening statements Jury selection Plaintiff s case Defendants case Rebuttal and rejoinder Closing arguments Jury instructions Jury deliberations Entry of judgment Three post trial motions Judgment notwithstanding the verdict defense wins New trail need to show there was some fraud Remittur asking for reduction in damages Alternative dispute resolution Mediation more of a recommendation parties can disagree hears both sides Arbitration biding on parties outside court system essentially a contract businesses use arbitration final decision no appeal quicker no discovery both sides pick arbitrator Attorney Fees American rule each side pays their own 3 exceptions o malice acting maliciously o frivolous attorney did something wrong o statute most common employment discrimination Jury laws from facts Advantages more people less bias empathy more fair separating Disadvantages no legal training too much sympathy longer trial verdict more expensive Solutions better composition some legal training reduce size of jury from 12 to 8 take notes and ask questions Chapter 6 Intentional Torts 03 07 2013 Intentional Torts Tort law Everything that s not a contract mostly state law Purposes o Compensation of plaintiff o Deterrence intentional torts 4 categories business torts unintentional torts negligence strict liability torts Intentional torts against persons Assault and battery when you don t see attack coming o Battery is committed regardless of who you hit as long as your intention is to hit someone Stoshak v School Board the Board was obligated to provide Stoshak with leave without reduction of pay Intentional infliction of emotional distress o Extreme and outrageous conduct o Severe emotional distress False imprisonment o Intentional confinement a moment o Confinement doesn t have to be physical Katko vs Briney issue is whether an owner may protect personal property court ruled that you can t harm someone to protect property even if they re trespassing only time when you can harm someone is if they re committing a felony punishable by death Mathias case bedbug problem Wilful Wanton conduct constitutional limit on punitive damages motel knew about bedbug problem and didn t do Roach vs Stern Debbie Tay topless dancer passed away her ashes remains were played with my Howard Stern on TV not severe enough for emotional anything distress Faniel Vs Chesapeake legal issue of definition of false imprisonment Merchant protection statue o Reasonable suspicion o Reasonable time o Reasonable manner Intentional Torts Against Persons Defamation o Unprivileged o Publication one other person must hear it o Of a false and defamatory o Fact o Regarding another o Made with negligence private ordinary people or actual malice public people damages libel anything in print or slander anything that is said Invasion of Privacy Intrusion upon seclusion reading someone s mail Public disclosure of private facts shown to a lot of people False light publicity Commercial appropriation of name or likeness Misuse of Legal Proceedings Malicious prosecution o Have to show that you won previous case o Purposely filing a lawsuit without any grounds o Can be criminal or civil Abuse of process o Don t have to show you won original case o Have to prove other motive for lawsuit o False statement of fact selling home and hiding things from Deceit fraud buyer
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