CHAPTER 1 PAGES 3 6 SOURCES OF AMERICAN LAW A PRIMARY SOURCES A US CONSTITUTION B STATUTORY LAW C ADMINISTRATIVE LAW D CASE AND COMMON LAW DOCTRINE I COMMON LAW DERIVES FROM THE NORMAN CONQUEST WHERE THE KING S COURTS ESTABLISHED A UNIFORM SET OF CUSTOMS B SECONDARY SOURCES A BOOKS AND ARTICLES THAT SUMMARIZE AND CLARIFY THE PRIMARY SOURCES OF LAW I LEGAL ENCYCLOPEDIAS 4 6 CONSTITUTIONAL LAW AND STATUTORY LAW AND FEDERAL STATUTE AND STATE STATUTES APPLIED TO US CONSTITUTION A CONSTITUTIONAL LAW A THE U S CONSTITUTION DISTRIBUTES POWER AMONG THE BRANCHES OF GOVERNMENT IT IS THE SUPREME LAW OF THE LAND ANY LAW THAT CONFLICTS WITH IT IS INVALID THE STATES ALSO HAVE CONSTITUTIONS BUT THE FEDERAL CONSTITUTION PREVAILS B STATUTORY LAW A STATUTES AND ORDINANCES ARE ENACTED BY CONGRESS AND BY STATE AND LOCAL LEGISLATIVE BODIES UNIFORM LAWS SUCH AS THE UNIFORM COMMERCIAL CODE AND MODEL CODES ARE CREATED BY PANELS OF EXPERTS AND SCHOLARS AND ADOPTED AT THE OPTION OF EACH STATE S LEGISLATURE C ADMINISTRATIVE LAW A ADMINISTRATIVE LAW CONSIST OF THE RULES AND REGULATIONS ISSUED BY ADMINISTRATIVE AGENCIES WHICH DERIVE THEIR AUTHORITY FROM THE LEGISLATIVE AND EXECUTIVE BRANCHES OF GOVERNMENT D CASE LAW AND COMMON LAW DOCTRINES A CASE LAW INCLUDES THE COURTS INTERPRETATIONS OF CONSTITUTIONAL PROVISIONS STATUTES AND ADMINISTRATIVE RULES BECAUSE STATUES OFTEN CODIFY COMMON LAW RULES COURTS OFTEN RELY ON THE COMMON LAW AS A GUIDE TO THE INTENT AND PURPOSE OF A STATUTE CASE LAW GOVERNS ALL AREAS NOT COVERED BY STATUTES 5 STATE AND LOCAL AGENCIES AND FEDERAL AGENCIES A FEDERAL AGENCIES A EXECUTIVE AGENCIES FILL THE CABINET DEPARTMENTS I U S FOOD AND DRUG ADMINISTRATION IS AN AGENCY WITHIN THE U S DEPARTMENT OF HEALTH AND HUMAN SERVICES B INDEPENDENT REGULATORY AGENCIES I PRESIDENT HAS LESS POWER WITH INDEPENDENT REGULATORY AGENCIES BECAUSE OFFICERS SERVE A SET AMOUNT OF TIME AND CANNOT BE REMOVED WITHOUT JUST CAUSE II FEDERAL TRADE COMMISSION III SECURITIES AND EXCHANGE COMMISSION B STATE AND LOCAL AGENCIES A STATE AGENCIES ARE CREATED AS A PARALLEL TO A FEDERAL AGENCY I A STATE POLLUTION CONTROL AGENCY WOULD BE PARALLELED TO THE EPA B FEDERAL AGENCIES TAKE PRECEDENCE OVER LOCAL STATE AGENCIES 7 10 REMEDIES IN EQUITY WHEN WHEN NOT AUTHORIZED GRANTED A SPECIFIC PERFORMANCE INVOLVES ORDERING A PARTY TO PERFORM AN AGREEMENT B AS PROMISED INJUNCTION AN ORDER TO A PARTY TO CEASE ENGAGING IN A SPECIFIC ACTIVITY OF TO UNDO SOME WRONG OR INJURY C RECISSION THE CANCELLATION OF A CONTRACTUAL OBLIGATION D REMEDIES WILL NOT BE GRANTED BY THE COURTS UNLESS THE REMEDY AT LAW MONETARY DAMAGES IS INADEQUATE 7 EQUITABLE MAXIMS FOCUS ON 4 5 6 IN CHART 1 WHOEVER SEEKS EQUITY MUST DO EQUITY A ANYONE WHO WISHES TO BE TREATED FAIRLY MUST TREAT OTHERS FAIRLY 2 WHERE THERE IS EQUAL EQUITY THE LAW MUST PREVAIL A THE LAW WILL DETERMINE THE OUTCOME OF A CONTROVERSY IN WHICH THE MERITS OF BOTH SIDES ARE EQUAL 3 ONE SEEKING THE AID OF AN EQUITY COURT MUST COME TO THE COURT WITH CLEAN HANDS A THE PLAINTIFF MUST HAVE ACTED FAIRLY AND HONESTLY 4 EQUITY WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY A EQUITABLE RELIEF WILL BE AWARDED WHEN THERE IS A RIGHT TO RELIEF AND THERE IS NO ADEQUATE REMEDY AT LAW 5 EQUITY REGARDS SUBSTANCE RATHER THAN FORM A EQUITY IS MORE CONCERNED WITH FAIRNESS AND JUSTICE THAN WITH LEGAL 6 EQUITY AIDS THE VIGILANT NOT THOSE WHO REST ON THEIR RIGHTS A EQUITY WILL NOT HELP THOSE WHO NEGLECT THEIR RIGHTS FOR AN UNREASONABLE TECHNICALITIES AMOUNT OF TIME 8 10 STARE DECISIS AND COMMON LAW TRADITION ASPECTS OF STATE DECISIS A THE DOCTRINE OF STARE DECISIS A THE USE OF PRECEDENT AS BINDING AUTHORITY IN A COMMON LAW SYSTEM B MAKES THE LEGAL SYSTEM MORE EFFICIENT JUST UNIFORM STABLE AND PREDICTABLE B DEPARTURES FROM PRECEDENT A A JUDGE MAY DECIDE THAT A PRECEDENT IS INCORRECT IF THERE HAVE BEEN CHANGES IN TECHNOLOGY BUSINESS PRACTICES OR SOCIETY S ATTITUDES C WHEN THERE IS NO PRECEDENT A WHEN THERE IS NO PRECEDENT A COURT MAY LOOK AT THE OTHER LEGAL PRINCIPALS AND POLICIES SOCIAL VALUES OR SCIENTIFIC DATA 13 CIVIL AND CRIMINAL LAW A CIVIL LAW B CRIMINAL LAW A REGULATES RELATIONSHIPS BETWEEN INDIVIDUALS A REGULATES RELATIONSHIPS BETWEEN INDIVIDUALS AND SOCIETY 20 DECISIONS AND OPINIONS 5 TYPES A UNANIMOUS OPINION WHEN ALL JUDGES JUSTICES AGREE B MAJORITY OPINION WHEN THERE IS NOT A UNANIMOUS AGREEMENT THIS OUTLINES THE VIEWS OF THE MAJORITY OF THE JUDGES C CONCURRING OPINION WHEN A JUDGE AGREES WITH THE RESULT OF THE MAJORITY OPINION BUT NOT NECESSARILY TO THE LEGAL REASONING BEHIND THE RESULT D DISSENTING OPINION PRESENTS THE VIEWS OF ONE OR MORE JUDGES THAT DISAGREES WITH THE MAJORITY OPINION CHAPTER 2 PAGES 28 29 JUDICIAL REVIEW US CONSTITUTION AND CASE MARBURY VS MADISON A JUDICIAL REVIEW THE JUDICIARY BRANCHES ABILITY TO DECIDE WHETHER THE LAWS OR ACTIONS OF THE OTHER TWO BRANCHES ARE CONSTITUTIONAL OR NOT A ESTABLISHED DURING THE 1803 SUPREME COURT CASE MARBURY VS MADISON B EXERCISED BY BOTH FEDERAL AND STATE COURTS 29 30 LEGAL STATUS OF CORPORATIONS A A CORPORATION IS BASICALLY A LEGAL PERSON B A CORPORATION IS USUALLY SUBJECT TO PERSONAL JURISDICTION IN THE STATE IN WHICH IT IS INCORPORATED HAS ITS PRINCIPAL OFFICE AND OR IS DOING BUSINESS 29 JURISDICTION IN PERSONAM IN REM AND LONG ARM STATUTE A THE POWER TO SPEAK IN LATIN A JURISDICTION IS A WAY TO DETERMINE WHO HAS THE RIGHT TO LEGALLY SPEAK OVER THE CASE B PERSONAM PERSONAL JURISDICTION A WHEN A PARTICULAR COURT HAS PERSONAL JURISDICTION OVER ANY PERSON OR BUSINESS THAT RESIDES IN A CERTAIN GEOGRAPHIC AREA C IN REM JURISDICTION OVER A THING A A COURT CAN EXERCISE JURISDICTION OVER PROPERTY THAT IS LOCATED WITHIN ITS BOUNDARIES D LONG ARM STATUTE A A COURT CAN EXERCISE PERSONAL JURISDICTION OVER CERTAIN OUT OF STATE DEFENDANTS BASED ON ACTIVITIES THAT TOOK PLACE WITHIN THE STATE I MUST FIRST ESTABLISH THAT THE DEFENDANT HAS MINIMUM CONTACTS WITH THE STATE TO JUSTIFY THE JURISDICTION MEANING THEY HAVE TO CONCLUDE THEY HAVE SUFFICIENT CONNECTIONS TO THE STATE TO EXERCISE THEIR POWER 31 DIVERSITY OF CITIZENSHIP AND CORPORATION DIVERSITY JURISDICTION A DIVERSITY OF CITIZENSHIP A FEDERAL DISTRICT COURTS CAN ALSO EXERCISE ORIGINAL JURISDICTION OVER CASES INVOLVING DIVERSITY OF CITIZENSHIP B MOST COMMON TYPE REQUIRES BOTH OF THE FOLLOWING I THE PLAINTIFF AND DEFENDANT MUST BE RESIDENTS OF DIFFERENT STATES II THE DOLLAR AMOUNT IN CONTROVERSY MUCH EXCEED 75 000 B A CORPORATION IS A CITIZEN OF BOTH A THE STATE IN WHICH IT IS INCORPORATED B THE STATE IN WHICH ITS
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