B LAW 210 1st Edition Lecture 3 Outline of Last Lecture I How to Brief a Case Highlights II How a Court Case Works Outline of Current Lecture 1 How a Court Case Works Cont a The Trial b After the Trial 2 Constitutional Law a Federal System b Clauses c Amendments Bill of Rights Current Lecture How a Court Case Works The Trial o Opening Statements o Rules of Evidence Judge decides what evidence is admissible for jury s consideration Evidence must be relevant to the issues tends to prove or disprove o Direct Examination Asking questions to your witness o Cross Examination Asking questions to the other side s witness Plaintiff s witnesses always go first for proof After the Trial after a loss o Can Appeal Must appeal to the appellate courts in a timely fashion Both sides have to write a written brief for the appellate court Judges can decide on a case based on the briefs given Constitutional Law Federal System o Came after the founding fathers decided to create a constitution colonies economy wasn t working These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute o Came up with a federal system to create a Federal Government and State Government Constitution will divide up powers between Federal and State Legislature will be divided into two houses to prevent corruption etc Bill of Rights was passed to protect states rights and individuals rights Police Power Any type of rules and laws to regulate private activities to protect and promote the public order health safety morals and general welfare STATES HAVE AUTHORITY OF POLICE POWER NOT FEDERAL GOVERNMENT Privileges and Immunities Clause This clause prevents a state from imposing unreasonable burdens on citizens of another state particularly with regard to means of livelihood or doing business Full Faith and Credit Clause This clause ensures that rights established under deeds wills contracts and similar instruments in one state will be honored by other states Commerce Clause This clause provides the basis for the national government s extensive regulation of state and even local affairs o This clause has the greatest impact on business than any other provision in the constitution Positive Law A law where something is trying to be regulated or required Negative Law A law where something is supposed to be prevented Supremacy Clause In areas where there is a possible conflict between State and Federal law Federal law is supreme overruling over the State law o Federal Government can use taxes to encourage people to behave in a certain way o Ex Government wanted to reduce fatalities on the road so they added a tax deduction to pay State governments that lowered highway speed limits Rights Amendments for test Important Amendments from Bill of Rights o 1 Freedom of Assembly Speech Religion Press Free Speech Came to allow the speaking out against the Federal Government Political Free Speech Corporations also have free Political Speech Free Religion Federal Government can t establish a National religion o 2 Right to Bear Arms Created to protect oneself from government intrusion o 4 Prohibition to Search and Seizure Police can t conduct a search without Probable Cause must have evidence not a hunch This does not apply to businesses corporations o 5 Right against double jeopardy Can t be charged for the same crime Right to remain silent only extends to individuals UNLESS Government has a law you can be tried by both the State AND the Federal Government o 6 Right to an Attorney Must evoke the right by refusing to answer questions and demanding to speak to an attorney o 7 Right to a Speedy and Public Trial Trial must be shorter than 120 days o 9 Rights not in the Bill of Rights are not the ONLY rights out there these rights are just clearly defined o 10 Powers not given to the Federal Government unless it s prohibited is granted to the States o 14 Equal Rights under the Law cannot treat women different than men Ex Firefighters have a weight lift limit is that unconstitutional NO It has to do with the protection of citizens Can a 5 2 woman REASONABLY pull an unconscious man of about 200lbs out a burning building in an efficient way NO o Privacy Rights BE AWARE The Federal Government contradictions itself DON T BE SURPRISED