January 23 Notes Law is a dynamic force that is not capable of a single or simple definition Not one definition Aristotle believed that law is pledge that citizens of state will do justice to one another Law affects all aspects of life establishes parameters of acceptable conduct within our society Who make laws in U S A Statutory Law made by legislature 1 Congress federal level everyone in country 2 State everyone in state 3 City Council local government Bill proposed law Statute proposed law gets passed by federal government state statutory law Ordinance proposed law gets passed by city council B Common Law Law made by court judge sometimes by 1 judge or panel of judges Trial based on testimony Our legal system is based on precedent look at prior decisions to see if there have been cases like that before judge will apply that law in deciding case so everyone is treated the same way Stare decisis legal term for precedent We re following this escapade 2 people opened Tyler s bar and grill Joe Roberts main Problem never signed a partnership agreement Joe Roberts has experience running business but no money Neighbor doctor puts in money but doesn t run it How are they going to share profits losses Robert says he runs business he gets the money and doctor says he put up the money he deserves it Common law Example Judge has to decide on his own the outcome Champion v Dunfee whether a passenger in car which she neither owns or controls owes a duty to another passenger to prevent a drunk driver from operating his own car You re sober driver s drunk do you have duty to prevent driver from driving Dunfee drinks beer and agree to take plaintiff in rear to a party Dunfee s girlfriend is in passenger Dunfee hits 100mph hits bump lose control and severely hurt plaintiff Plaintiff sues driver who sues girlfriend from preventing him Absent of special relationship or encouragement to the driver saying go faster a passenger who is not the owner nor custodian of vehicle is not liable Negligent entrustment if it was girlfriend s car and she gave him the keys or if u let someone unlicensed drive Bars are liable if they serve liquor to visibly drunk person What is a special relationship Parent child employer employee landlord tenant guardian ward Statutory Law Example Washington v Glas problem upskirt voyeurism Glas took photographs up skirts of 2 women at mall on glass steps Someone saw and reported it to the cops STATUTE It is a crime if the film is done without victim s consent IF a person is in a place where he she would have a reasonable expectation of privacy Court Physical location is issue not the body Statute does not apply to purely public place so it doesn t prohibit upskirt photographs Court used California law If employee records customers in fitting room that is CRIME b c dressing room is for privacy Under new law it is illegal to do this because its no longer location that s private its whether you expect your body to be private January 28 Klein v Raysinger page 17 Deals with social host liability first case in PA on liquor liability CASE OF FIRST IMPRESSION Klein s car hit by Raysinger who was drunk Klein sues Raysinger who got drunk from the Gilligans party Issue is social host who serves liquor to house guest who is visibly intoxicatred liable to a person who is injured by the guest driving drunk Court No social host who gives liquor to guest is liable as result of consumption because it is the consumption of the liquor rather than the furnishing of it that causes the harm If host has reason to know that he is dealing with a person who s behavior is known to do reasonable things known drunk then host would have liability There is no liability under PA law on part of social host who serves liquor to adult Statute on alcohol consumption in PA a person commits offense being less than 21 attempts to purchase purchases consumes possesses or knowingly and intentionally transports any liquor or malt or brewed beverages Congini v Portsville Office party minor drinks liquor then gets into drunk accident An agent had his car keys and gave him it Congini sues his employer Plaintiff 18 years old defendant employer who hosts Christmas party Court statute protect minors and public from dangers of serving liquor to minor So child can sue adult social host who serves intoxicants Law protects minors Law also says it s a crime to serve visibly intoxicated person Currie v Phillips Skaf 20 died attending party and was drunk Fell down steps in apartment and died because it didn t have handrails Owner of house was sued for no handrails and owner sues tenants the frat boys for serving the liquor Issue can 1 minor be held liabile for injuries sustained as results of giving alcohol to another minor under social host liability Court 1 minor owes NO DUTY to another minor under social host iability B c all minors are incompetent to handle alcohol Court cites Klein for this problem Status and process the law protect institutions ideas rather than people E g minors the government many times you cant sue government because of sovereign immunity 1986 Ben J bridge shifts lanes cause of rush hours from Labor Day Middle lane switches but there was a short so both directions turn green accident 6 killed many injured Government owned so they said you cant sue us 1986 Tacony bridge opens up for boat The arms to block traffic was broken car didn t see car goes overboard and person killed Case settled for 2million dollars because at the time Tacony bridge was privately owned was not immune Car sale 16 year old wants to buy car Next door neighborhood sells car for 1000 transfer the title to her She crashes into tree takes the hubcap and returns it to the neighbor she said she doesn t want it anymore He said but you signed contract and she says no you should have never sold me the car im 16 I only have to give you the hubcap Court says contract of minor is voidable at minor s election until they become an adult All minor has to do to void contract is give what she has left Precedent stare decisis relying all previous cases As times change so does law Legal research primary source written law itself such as statute court decisions Secondary source writings on the law such as law reviews legal encyclopedias Caption name of case identifies parties to lawsuit e g Klein v Raysinger First name usually plaintiff Plaintiff Appellant Person who files lawsuit Defendant Appellee person being sued use appellant appellee when its at