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Final Exam Outline

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Final Exam Outline I. Sources of Law & Legal Research A. Sources of Law 1. US & State Constitution a. Delegates in 3 areas : Executive, Legislative, Judicial b. Protects liberties Ex/ ERA (equality) c. Federal overrules States 2. Executive Agreements - US & International a. Bilateral and Multilateral b. NAFTA - North American Free Trade Agreement i. U.S., Canada, Mexico 3. Treaties a. Express agreement between international countries b. Treaty of Paris 4. Statutes a. Laws passed by Congress b. Federal - U.S. Code & Federal Register c. State i. Purdon’s PA Statutes and Consolidated Statutes d. Enabling - administrative agencies (FTC, SEC, FCC) 5. Regulations a. Mandated laws that were passed by Congress b. C.F.R - Code of Federal Regulations c. Promulgation - production of regulations i. Propose ii. Comment / Hearing iii. Final 6. Local Ordinances (L.O.) a. Local laws passed 7. Court Decisions - Criminal or Civil (Lawsuit)B. Legal Research 1. College degree a. MBA - Masters in Business Administration 2. Law school a. Bar Exam i. Test intended to determine whether a candidate is qualified to practice law in a given jurisdiction (area, state) b. J.R. - Juris doctor 3. In-House v. Outside Counsel a. In-House - company b. Outside - law firm II. Court Decisions A. Civil (Common Law) 1. Between individuals or between private businesses or institutions 2. Lawsuits - settled out of court 3. Burden of proof - proof evidence > defendant’s evidence 4. Use of a litigator - attorney inside the courtroom B. Criminal 1. Relates to crime 2. Prosecution of defendant 3. Burden of proof - beyond a reasonable doubt; win or lose C. Types of Decisions 1. Deciding on the Constitutionality 2. Interpreting the Constitution, Treaty, Statute, Regulation, L.O. 3. Evolution of “Common Law” - prior decisions a. Stare decisis - let stand that which is decided D. Types of Courts 1. Trial / District a. Plaintiff v. Defendant 2. Appellate a. Appellant v. Appelleeb. Purpose i. Review the lower court’s proceedings for “errors of the law” ii. Authoritatively declare what the law is within its jurisdiction 3. Supreme Court E. Process 1. Issues - made by Plaintiff 2. Arguments - made by Plaintiff and Defendant 3. Facts - oral or verbal evidence a. For or against 4. Closing remarks 5. Fact finder - jury a. Selection - voiz dire b. No jury - judge Ex/ Judge Judy 6. Apply the “law” to the facts to resolve dispute F. Case Brief 1. Citation 2. Facts a. Identity and arguments b. Lower court’s decision 3. Issues 4. Ruling / Decision 5. Rationale / Reason III. American Court System A. Federal 1. U.S. District Courts - 94 2. U.S. Court of Appeals - 13 a. 3 panels of judges, no jury 3. Specialized Trial Courts a. Administrative Agencies b. International Trade c. Bankruptcyd. Federal Claims i. Sovereign immunity - can’t sue the government unless permitted e. Tax Court i. Deal with taxes that have not been paid; disputes not settled out of court ii. Alleged deficiency - petition 4. Supreme Court a. Conflict of Court of Appeals with different interpretations of the law b. 9 Justices - Chief, 8 Associates i. Certiorari - Rule of 4 ii. Opinion *Majority - 5-4 * Concurring - different logic * Minority - disscenting 5. Access a. Question - Exclusive or Concurrent (Fed and State) b. Diversity of Citizenship i. All plaintiffs are citizens of different states from all of the defendants B. States 1. Trial / District a. Court of Common Pleas - PA Only b. State agencies c. Small Claims i. Minor crimes ii. Lawsuits *Both can file trial de nuvo (new trial) d. Commonwealth Court - State is Defendant 2. Court of Appeals a. Commonwealth Court - Agencies b. Superior Court - Court of Common Pleas 3. State Supreme Court4. U.S. Supreme Court IV. ADR - Alternative Dispute Resolution A. Out of court settlements 1. Lawsuits, labor unions, divorce 2. Plea bargaining - unpredictable B. Process 1. Negotiation 2. Mediation - Mediator a. Assist in negotiation 3. Arbitration - Arbitrator a. Assist in resolving disputes b. Steps i. Submission - refering a dispute to an arbitrator ii. Hearing - evidence and arguments presented to arbitrator iii. Award - decision C. Advantages 1. Cheaper 2. Less complex 3. Less friction between parties D. ODR - Online 1. Electronic version of ADR 2. More cheaper V. Constitutional Law A. Articles 1. Legislative 2. Executive 3. Judicial 4. Full Faith and Credit Clause; Privileges and Immunities Clause 5. Amendment Procedure a. Idea / Proposal b. 2/3 of Congress to Formalizec. 3/4 of States to Ratify 6. Supremacy Clause - Federal v. State B. Key Sections 1. Article I Sec 8 a. Enumerated Powers; Necessary and Proper Clause b. Par. 3 - regulating commerce (exclusive) i. Foreign nations ii. Indian tribes iii. Interstate concurrent commerce * Can be pre-empted - act or right of claiming or purchasing before or in preference to others * Any activity is considered c. Clause 2 - Federal power to regulate 2. Article II Sec 2 a. Powers of the President b. Approval from Congress - war, appropriation of money 3. Article II Sec 4 a. Impeachment for high crimes and misdemeanors 4. Article III Sec 1 a. Other courts inferior to Supreme Court b. Judges should behave in good behavior 5. Article IV Sec 1 a. Full Faith and Credit Clause i. States must recognize acts, records, proceedings from other States 6. Article IV Sec 2 a. Privileges and Immunities Clause i. One gives from 1 State, others receives from other states C. Bill of Rights - limits from the Federal Government 1. Freedom of religion (establishment), speech, press (rights and liberties) 2. Bear Arms3. Quartering of Peace 4. Unreasonable searches and seizures 5. Due Process a. "The more life, liberty, and/or property which is at stake, the more process is due!" b. Procedural - some hearing and/or notice c. Substantive - good enough reason d. Double jeopardy - cannot be tried twice i. Exception - mistrial 6. Norrender rights for criminal trial 7. Jury 8. Cruel and unusual punishment 9. No denial of enumerated rights a. Right of privacy 10. Reservation of powers to States a. "Police Power" - promote health, welfare, and safety of citizens i. ERISA - Employee Retirement Income Security Act * Welfare, pension, labor, taxes D. Other Amendments 1. Amendment XIV - State Due Process E. Substantive Analysis 1. Rational relationship test - most social and/or economic regulations, laws, classifications 2. Intermediate scrutiny - speech or gender (commercial advertising) 3.


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