-Facts-Holding and Rule (Cardozo – “Zone of Danger” rule)SECOND EXAM TOPICSBill of RightsThe first 10 amendments are SPECIAL – they are called: The Bill of Rights lists the rights all citizens have that the government cannot take away.Commerce ClauseCongress has the power to regulate both interstate commerce and foreign commerce.Interstate CommerceCommerce made within the united states from anything from commercial trade, to the movement of money and goods through the people.Intrastate CommerceThe buying and selling of products and services within a single state.Taxation of Interstate CommerceFederal government and state government can both tax interstate commerce, but it must be appropriate. The state can do this because of their police power.Structure of the ConstitutionA. The constitution is divided into 3 parts1) Preamble- The preamble is the introduction to the Constitution.2) Articles - The Constitution is divided into 7 sections called Articles. Each article explains a part of the Constitution. There are 3 important articles1) Article I – explains the legislative branch (Congress)2) Article II – explains the executive branch (President)3) Article III – explains the judicial branch (Supreme Court) 3) Amendments- Changes made to the constitution, there are 27 amendments.B. Separation of Powers and Checks and Balances1. Separation of Powersa. Each branch has certain jobs (powers) that the other branches cannot do.2. Checks and Balancesa. Each branch has some power over the other branchesb. Example: Congress can pass laws, but the President can veto the lawSupremacy ClauseFederal Government overrules State GovernmentPreemption by Federal Governmentthe rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field." If Congress has not clearly claimed preemption, a federal or state court may decide the issue on the basis of history of the legislation (debate in Congress) and practice. Example: Federal standards of meat or other products have preempted state laws. However, federal and state legislation on narcotics control may parallel each other.Quill CaseQuill sells paper in bulk, the case here was whether the state that Quill was in was able to tax everythingthat quill sold to other states, and also whether those states could tax it. They decided if quill was sending catalogues to other states, then that state had the ability to tax whatever was sold to it, even though quill is not in that state.Amendments to Constitution discussed in class1st Amendment Freedom of Speech, Press, Religion and Petition-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.5th Amendment Provisons concerning prosecution- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled inany criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.14th AmendmentNo state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection ofthe laws.Equal ProtectionThe Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws.Eminent DomainGovernment takes your private property for a public purpose, and is required to give compensation.Contract InterferenceThe breach of the contract that is intentional. It must be a major breach that would make a difference in the outcome or decisions made.DefamationDefamation is the issuance of a false statement about another person, which causes that person to suffer harmFalse ImprisonmentDepriving someone of freedom of movement by holding a person in a confined space or by physical restraint including being locked in a car, driven about without opportunity to get out, being tied to chair, or locked in a closet. It may be the follow-up to a false arrest (holding someone in the office of a department store, for example), but more often it resembles a kidnapping with no belief or claim of a legal right to holdthe person. Therefore, false imprisonment is often a crime, and if proved is almost always the basis of a lawsuit for damages.Emotional DistressAn increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm.NegligenceA. Duty of Care- defendant has the duty to protect the plaintiff against an unreasonable risk of harma. Standard of careb. Reasonable Person- act with average mental ability.i. Professionals- knowledge or skill of the member of the profession in good standingii. Children- like age/intelligence/experience B. Breach of Duty- Failure to conform conduct to legally required standard.a. Per Se- unexcused violation of a statuteb. Res Ipsa Loquitur- there is an inference of negligence in the airC. Causation- The breach of the duty by the defendant caused the plaintiff’s injuriesa. Causation in factb. “but for” (would not occur but for the plaintiff’s act)D. Damage $ - Where the plaintiff actually suffered actual harm to yourself or your property that is measurable and compensable in money damageIntentional TortsAn intentional tort is any deliberate interference with a legally recognized interest, such as the rights to bodily integrity, emotional tranquility, dominion over property, seclusion from public scrutiny, and freedom from confinement or deception. These
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