•
Chapter/4/:CommonLaw,Statutorylaw,AdminLaw: common law is judge-made law. It is the sum total of all the cases
decided by appellate courts. Stare decisis = precedent = let the decision stand. Bystander Cases: burden of liabilitychanged
bitbybit over years surpassing precedent. more law is created by statute than by the courts. Why Bills proposed proposed:
New issue, new worry. Unpopular judicial ruling. Criminal law. court’s statutory interpretation: Plain meaning rule,
Legislative history and intent: determine legislature’s intent through history, Public policy:based on general public
intent/policies./Admin Law: Courts decide individual cases; they do not regulate industries, agencies do. Classification of
Agencies: Executive and Independent. Congress creates a federal agency by passing enabling legislation. Power of Agencies:
1. Rulemaking – Legislative = like statutes, Interpretive = interpretation of current law. How rules are made: 1.Informal
(notice and comment) 2. Formal – through Congress 2.Investigation: 1. Subpoena 2. Search and seizure. Limits on Agency
Power: 1.Statuory Control 2. Political Control: President has influence, Congress controls funding. 3. Judicial Review: Deferred
to agency’s interpretation must comply to 1. Facts with substantial evidence. 2. Agency’s reasonable interpretation of the
Law. Freedom of Info Act: Records including about you. Chapter/6/DisuputeResolution: Trial Courts: Determine the facts of
a particular dispute and apply to those facts the law given by earlier appellate court decisions. Jurisdiction: A court’s power
to hear a case. Subject matter jurisdiction: A court’s authority to hear a particular type of case. Personal jurisdiction: A
court’s authority to bind the defendant to its decisions. Jurisdiction refers to a court’s power to hear a case. Subject matter
jurisdiction means that a court has the authority to hear a particular type of case. Personal jurisdiction(PJ) is the legal
authority to require the defendant to stand trial, pay judgments, and the like. PJ exists if the following is present: Def.
defends lawsuit, defendant is sued in the state, Summons is the court’s written notice that a lawsuit has been filed against
the defendant. long-arm statute: claim jurisdiction over someone who commits a tort, signs a contract, or conducts “regular
business activities” in the state. Appelllate Courts: generally accept the facts given to them by trial courts and review the trial
record to see if the court made errors of law. Reviews the trial record to make sure that the lower court correctly applied the
law to the facts. Appellant: The filer of an appeal. Appellee: the opposer because it won. Briefs: Written arguments.
Reversed or Affirmed. State Supreme Court: Accepts some appeals from court of appeals. A claim based on the U.S.
Constitution, a federal statute, or a federal treaty is called a federal question case. diversity jurisdiction when the plaintiff
and defendant are citizens of different states and the amount in dispute exceeds $75,000.
• Writ of Certiorari – petition asking supreme court to hear a case
• Pleadings - documents begin a lawsuit: complaint, answer and reply
• Complaint – short statement of facts alleged, and legal claims made
• Default judgement – Plaintiff wins because the fed failed to answer
• Counterclaim – second lawsuit be def against plaintiff
• Reply – answer to counterclaim
• Class action – one plaintiff represents a large group
• Motion – forma request for a court to take some step or issue some order
• Motion to dismiss – Request that a court terminate a case because there is no legal solution to the problem
• Interrogatories – written questions the opposing party answer under oath
• Depositions – one party’s lawyer questions the other party or witness under oath
• Motion for protective order – request court limit discovery
• Summary judgement 0 ruling by the court that no trial is necessary because there are no essential facts to dispute
• Voir Dire – process of selecting a jury
• Challenges for cause – claim a juror has demonstrated probable bias
• Peremptory challenges – the right to excuse a juror for any reason
• Preponderance of the evidence – plaintiff’s burden of proof
• Beyond a reasonable doubt – the gov burden of proof
• Cross examine – to ask questions of an opposing witness
• Rules of evidence – the law determines what questions a lawyer may ask and what evidence is admissible
• Directed verdict – rules a plaintiff has failed to prove some aspect of her case
• Judgement non obstante veredicto – judgement notwithstanding a jury’s verdict
• Negotiation, Mediation, Arbitration.
Defining Law:
• Law – A rule of conduct chosen to be enforced by society; a rule that must be obeyed by citizens, subject to sanctions or legal
consequences.
• 3 Certainties – Death, Taxes, Law
• Compliance = Impacts bottom line, anticipate issues and make decisions, reputation
• Tiers of law – federal constitution, fed statutes, fed admin law, state const, state statures, state admin law, city ordinance,
common law, equity.
• Substantive law – defines the rights of the people
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Procedural law – establishes processes for settling disputes
Public law – sets the duties of government to its citizens
Private law – regulates duties between individuals
5 Parts of Judicial Opinion – Title/Citation, facts, legal issue, analysis, decision
Constitutional Law
America was first founded under Articles of Confederation – No central gov, framers drafted a new document
Constitution drafted in 1787, flexible, short and easy to read, versatile, room for interpretation
Constitution established sovereignty, framework for government, separation of powers, limits of gov; authority to operate,
enact laws, COMPROMISE OF GOVERNMENT POWER.
Powers of congress – taxes, pay debts, defense/welfare, regulate commerce, naturalization, rules for bankruptcy, mint $,
weights/measures, punish counterfeiters, post/post roads, promote science and useful arts (patent/copyright), inferior
courts, maritime punishment, war, land/water, armies, navies, militia, DC,
Powers of exec – President/cabinet, Commander in chief, make pardons, judges, ambassadors, officers, treaties, foreign
policy, veto legislation.
Judicial branch powers – supreme court, interpret constitution (Marbury v Madison), judicial review
The superior system always wins
Amendments 1-10 – Religion, speech press; bear arms; no housing soldiers; protection from search/seizure; life liberty
property; rights of accused; rights in civil cases; no excessive fines bail or punishment; other rights; undelegated powers.
Amendments 11-20 – state sovereignty; electing vp/p; no slavery ; equal protection, due process, citizenship; income tax;
senator electing; no booze ; women can vote ; term beginning for congress and president.
Amendments 21-27 – Repeals 18th ; limits on p terms; DC people can vote ; guaranteed suffrages w/o paying taxes;
presidential succession; 18+ can vote ; congresspeople can’t change their salary while in office.
Criminal Law
Criminal procedure – process by which criminals are investigated, accused, tried, and sentenced. Protects innocent.
Burden of Proof – Beyond a reasonable doubt
Voluntary Act – not guilty if one is forced to commit it under duress
Entrapment – Gov induced defendant to break the law
Conspiracy – Conspiring to commit a crime, period.
Warrant – police need permission from a judge to search, generally.
6th amendment guarantees the right to a lawyer
Indictment – Gov charge that the def has committed a crime and must stand trial
Arraignment – Charges are read by a clerk
Plea Bargain – Defendant pleads guilty to reduce a sentence
Discovery – Evidence is shared, generally.
Double Jeopardy – Def cannot be charged twice for the same crime
Crimes against business – Larceny, Embezzlement, Fraud, ID Theft, Revenge porn, phishing, spear phishing, arson, hacking.
Crimes by business – False statements, workplace crimes, racketeering, money laundering, hiring illegal workers, bribery.
Corporate punishments – Fines, compliance program
1.
2.
3.
4.
5.
6.
7.
Utilitarianism (John Stuart Mill)
Rights-Based Ethics
Kantian or Deontological Ethics (Immanuel Kant)
Rawlsian Justice (John Rawls)
Front Page Test
Virtue or Aristotelian Ethics (Aristotle)
Common Sense Ethical Pluralism
•
•
•
•
•
•
•
1. Slow down
2. Don’t trust your first instinct
3. Remember your life principles