Exam 1 I Sources of the law a Constitutional law the constitution creates rights for you and me Ex freedom of speech i Express rights read them in literal document ii Implied rights assumed or suggested read between the lines right to privacy abortion b Statute statutory law law that is passed by our elected representatives Ex U S congress or state legislature when statue is outdated it can be appealed and amend the law Amend and appealed update or get rid of it i Technology races before the law lawyer struggle to find a precedent because there was nothing before about that technology c Common law based on court decisions that create a precedent stare decisis stand by the decision lawyer looks to the past to make his decisions today Ex child said you used to let me do that Followed after many decisions made that way accepted rule i Common law gives stability consistency and predictability ii But there may not be a precedent for your case d The precedents can be changed by technology or society Ex 1954 U S Supreme Court Brown vs Board of Education overturned separate but equal Changing isn t always dramatic gives precedents flexibility II Due Process fairness a Requirements i When you are sued 1 You must be given a notice 2 Must be given an opportunity to be heard tell your side of the story ex kids get in trouble why wont you hear my side of the story 3 Must have minimum contacts with the forum state where you are being sued a Residency where I live with the present intent to remain permanently b Owning land in the forum state c Doing business in the forum state ex can make walmart come because III they do business here doesn t have to be a physical building d Committing a tort in the forum state tort civil wrong ex obnoxious lsu fan gets into a fight with a bama fan on the strip Bama fan sues him He must come here to defend himself e Driving a vehicle through the forum state that results in a wreck Remedies a solution a Monitary involves money i Compensatory money to make you whole or fix ex pay medical bills or new car ii Punative designed to punish the wrongdoing Ex ford pento gas tank was susceptible to exploding upon collision Ford new it was unsafe and did it anyways Ford got sued a lot of money iii Nominal small in amount Token amount There has been a technical wrong but there are no real compensatory damages Acknowledgment that someone has done you wrong but didn t really cause you damages b Equitable non money remedies Sometimes money won t solve your problem i Injunction court order that tells someone to stop doing something or to do something enforced through contempt of court You can go to jail ii Specific performance An injunction in a contract case that orders one party to preform the contract Limited to 2 situations 1 Sale of land or real property order the seller to sell but it will not order the buyer to buy Every piece of land is unique 2 Sale of unique personal property everything other than land Not all personal property is unique Ex Honda accord can easily be found iii Rescission it cancels a transaction nullifies it Ex I lie you buy cancels contract iv Restitution orders repayment of money v Reformation corrects an innocent mistake in a transaction Ex purchase land from seller When IV deed was drafted typographical error Innocent mistake He was shorted Seller needed to correct it He refused Court ordered deed to be corrected Typical law suit a 2 parties plaintiff or and defendant b Plaintiff begins the process by filing a complaint against the defendant c Complaint has to have two things i Statement of facts settling out what you claim that the defendant did wrong ii Request for a remedy d Summons filed with the complaint satisfies due process i Notifies the defendant that he s being sued ii Tells him that he has a certain amount of time to file an answer to the complaint if he wants a trial standard time in Alabama is 30 days e Jurisdiction the power or authority of a court 2 Types i Personal the power of the court over the person and the property of the plaintiff and defendant ii Subject matter the pour of the court to hear and decide a particular type of case Murder courts cant hear divorces f How to get personal i The plaintiff consents to it by filing his complaint ii By personal service of the summons and complaint of the defendant you ve been served Exception to giving to you personally if that person is old enough at the home only in Alabama 3 ways 1 Deputy sheriff 2 Certified mail 3 Special process server iii The defendant consents by filing an answer g General appearance filing an answer the defendant has an option to file and answer if there is a question about serving him Ex get served at my house They give it to my 5yearold son Im not personally served I can file a special appearance to contest or challenge that service Only option when you have incorrect service You do not consent V h Avoiding personal service i The defendant does not have to make himself available to be served He can hide or move ii If you are found and refuse that is avoiding 1 The clerk then will mail a copy of the summons and complaint to the defendant by regular mail and the defendant at that point is served Subject matter type of jurisdiction the power to hear and decide a particular type of case