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What is law
Basic Rules to keep order in society but capable of being inforeced by the government
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Where does law come from (Sources of contempoary law)?
- 1) Constitution
- 2) Statutes
- 3) Common law
- 4) Administrative
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Common Law
Judge-made law, that is, the body of all decisions made by appellate courts over the years.
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Procedural law
The rules establishing how the legal system itself is to operate in a particular kind of case.
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Substantive Law
Rules that establish the rights of parties. For example, the prohibition against slander is substantive law, as opposed to procedural law.
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4 Characteristics of Good law
- 1) Stable- Know what to fallow
- 2) Flexible- Possible change
- 3) Certian- Written in clear terms
- 4) Reasonable- Make sense
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Criminal vs Civil- Who?
- Criminal: Government Prosecutes (no plaintiff)
- Civil: Plaintiff or anyone ( you initiate it)
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Criminal vs Civil-Purpose?
- Criminal: to protect society
- Civil: redress wrongs, to solve problems
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Criminal vs Civil- Defendent consequence
- Criminal: Guilty- Jail or fine
- Civil: Liable-Pays money
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Criminal vs Civil- Burden of Proof?
- Criminal: Prove beyond a reasonable doubt
- Civil: Prove by preponderance of evidence (>50%)
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Stare Decisis
- "Let the decision stand"
- Once a court has decided a particular issue it will generally apply the same rule in future cases.
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Precedent
- An earlier case that decided the issue.
- May be binding or persuasive
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Persuasive Authority
president that yo don't techiniacally ahve to fallow
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How courts avoid Precedents?
- 1) Ignore the precedent case
- 2) Distinguish on the facts
- 3) Distinguish on the law
- 4) Reverse ( if it was just bad law)
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Alternative dispute resolution
Any method of resolving a legal conflict other than litigation, such as: negotiation, arbitration, mediation, mini-trials, and summary jury trials.
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State Courts
- 1) State High (Supreme): Highest court in state
- 2) Court of Appeals: look at what happened (no jury)
- 3) Trial Courts: Start here and determine facts. (general and limited jurisdiction)
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General Jurisdiction
Hears a broad range of cases
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Limited Jurisdiction
Only hears certain types of cases
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Federal Courts
- 1) US Supreme Court: Highest court in country. Takes appeals from State Supreme court. Need a Writ of certiorari
2) US Circuit court of Appeals: Each circuit has appleas court- 11 circuits - 3) US District courts and Limited jusrisdiction Federal courts: most federal and criminal start here
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Writ of certiorari
- Petition asking supreme to hear the case.
- Passed to 9 judges and 4 must agreet to hear it.
- Then are approved for a writ of Certioriari
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Jurisdiction
- Two meanings:
- 1) Legal system- MN is diff jurisdictan than WI meaning own rules
- 2) Power to decided a case- Court must have jurisdiction over case
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What 2 things are neede dto validly decide a case?
Subject matter Jurisdiction and Personal jurisdiction
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Subject Matter Jurisdiction
- Two parts:
- 1) Federal suject matter jurisdiction
- 2) State Subject matter jurisdiction
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Federal subject matter Jurisdiction
- Either:
- -Exclusive (patent) or
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concurrent (more common)- choice in state or federal - AND either:
- -Federal question jurisdiction or-Diversty jurisdiction
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Federal Question
Claim based on the US constitution, federal statue or federal treaty
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Diversity jurisdiction
- Requires a claim for more than $75000 and diverstiy of citizenship.
- No one plaintiff can come from the same stae as any defendent
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State Subject matter Jurisdiction
Process serving: a person giveing the person the thing to be served
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Personal Jurisdiction
- Plaintiff: accomplish via complaint
- Defendant: obtained by either:
- 1) service of process within forum state or 2) long arm jurisdiction
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Long arm juriscdiction
- May serve defendant outside forum but he must have minimum contacts with the forum state
- Miniminum contacts are:
- 1)Realeste in forum
- 2) Does business in forum
- 3) Caused injury in forum
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Stages of Civil Lawsuit
- 1) Pleading stage
- 2) Discovery/ Pretrail stage
- 3) Trial Stage
- 4) Appeals
- 5) Enforcement
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1) Pleading stage
- 1) Complaint
- 2) Default
- 3) Defandeant's challenge
- 4) Answer
- 5) Motion for summary judgment
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Complaint
- Documents filed to begin a lawsuit
- 1) Complaint: What happend and prayer which states what you want if you win
- 2) Summons: paper ordering defendent to answer to complaint within 20 days
- 3) Service of process: If yes then jurisdiction
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Default Judgment
If Defendent fails to answer in time or show up
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Summary Judgement
The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute.
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Defendant's Challenge
- Look for a way to get rid of it on procedural grounds
- 1) Jurisdiction
- 2) Stature of limitations: Timelimit that plaintiff must file in
- 3) Motion to dismiss for failure to state a claim
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4 Things a compliant needs to be leaglly sufficient
- 1) Plaintiff had legal right
- 2) Defendant had leagal duty
- 3) Defendant breached duty
- 4) Breach caused damages
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Question of Fact
- What happened?
- Eveidence is how they decide (trial)
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Qustion of Law
- Definition
- Based on law and decided by judge
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Motion for summary Judgment
If there are no questions of fact or law then no trial needed
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2) Discover/ Prtrial stage
- 1) Tools
- 2) Pretrial hearing
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Tools of Discovery
- Interrogatories
- Depostions
- Subpoenas
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Interrogatores
- List of questions written up to help you.
- For parties not witness
- NEVER used for evidence
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Depositions
- Sworn statment taken from witness under oath
- Will be used in trial
- Keeps story straight and can help refresh memory
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Subpeonas
- Court orders
- Check if some business records has history of things happening before
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Pretrial Hearing
- Between parties, lawyers and judge
- Try to persuade settlement
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3) Trial Stage
- Select Jury (Voir Dire)
- Preliminary instructions
- Opening statments
- Plaintiff's Evidence
- Defendants motion for directed verdict
- Defendant's evidence
- Directed verdic motions
- Closing arguments
- Judge's instructions
- Jury Deliberates
- Verdict
- Motion for judgment
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Voir Dire
- Chellenges for cause: attory give legit reason why should not be jurer
- Peremptory challenges: # of times where can just say they want the jurer off, no reason.
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Directed Virdict
- A ruiling that the plaintiff has entirely failed to prove some aspect of their case.
- Permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it.
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Motion for Judgment
- JNOV: judment not withstanding the veredicto
- If no reasonably jury could have reached this clearly erroneous decison, motion may be granted and judge will sustitue verdict
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4) Appeals
- Affirm: let decision stand
- Reverse: turn loser into winner
- Reverse and Remand: return to lower court for new trial
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5) Enforcement (if not payin)
- Attachment and execution: court order against their property. Possibly auctioned off
- Garnishment: have employer deduct fcrom paycheck
- Lien: goes against something so can't do anything with property until satisfy lien.
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Common Law
- Judge-made law
- It is both predictable and flexible
- Stare Decisis
- Bystander cases
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Bystander cases
You have no duty to assisst someone in peril unless you created the danger
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Statutory Law
- New law
- We the people have control over this
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Bills
- A proposed stature, submitted to congress or a state legislature
- Must be approved by bot house of the resps and senate (two houses of congress)
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Judicial Review
The power of the judicial system to examine, interpret, and even nullify actions taken by another branch of government.
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Administrative law
These agencies that congress creates federal administrative agencies with enabling legislation. The administrativve procedure act contols how agencies do their work.
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Commerce clause
Congress may regulate any activity that has a substantial effect on interstate commerce
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Bill of Rights
- Freedom of speech, press, asembly and religion
- 1st 10 amendments to constitution
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1st Amendment
- Free Speech/expressioins
- We expect our government to let people speak and hear whateer they choose.
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Time Place and Manner
- Govt may regulate time place and manner.
- Ex: take place during day light, apply for permit to use place to protest
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5th Amendment
- Due Process and aTakings clause
- No person shall be depreived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compnsations
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Proceduaral due process
Ensure that before the government takes liberty of property, the affected person has a fair chance to oppose the action.
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Substantive due process
Holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them.
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Takings Clause
Prohibits a strate from taking private property for public use without just compensation.
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Eminent Domain
The power of the govt to take private property for public use.
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14th Amendment
- Equal protections clause: government must treat people equally.
- No state shall deny to any person within it's jurisdictiont he equal protection of the laws.
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Battery
- Intential aharmful or offensive touching of plaintiff's person without legal justification
- Can be direct of indirect
- Must not have legal justification so can't have consent
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Consent
- Express: says or writes that you can touch them
- Implied: reasonable person would understand consent given
- Context: Implied through behavior like football
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Intentional
- Means voluntarily.
- If you intend for any toyp of contact
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Plaintiff's body
- Person's body and anything attatced dirctly to their body
- ex. hat, earings
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Assult
- Intentional act which puts plaintiff in reasonable apprehension of an immediate battery
- Plaintiff must be aware that they are going to be battered
- Apprehensioon means expectation
- Action must be expected to happen imediatly, not later
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False Imprisonment
- Intentional confinement of another without legal justification
- Confinment: taking away plaintiff's free wil to move
- Threats are also method
- Legal Justification: shopkeepers priveldge law
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Shopkeepers priveldge law
Protect merchants stores to protest if they think someone is shoplifting and it they contain reasonable everything.
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Intentional Infliction of Emotional Distress
- Intentional outrageious conduct of defendant which causes plaintiff severe emotional distress
- Intentional also means motif.
- They are trying to make Plaintiff miserable or act with recless regard
- Suffer to point where can't carry on regular functions
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Defamation
- Publication of a false statment which would hurt plaintiff;s reputation, causeing damage.
- Lible: written
- Slander: orally spoken
- Must be false to be defamatory, and hurt someone's reputation.
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Invasion of privacy
- a) Classic- have right to be left alone, intrusion of plaintiff's affairs
- b) appropriation of plaintiff's namre of lieness without permission for defendent;s commmercial purposes. Using name or picture without concent
- c) False light- makes you seem to be something your not
- d) publictaion of private facts- factst that do not need to be known by public. personal things
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Trespass to real property
- Intentiaolly and without consent or legal justification entering on to plaintiff's real property.
- Defenses: Private- to sve someone or self. Public-to prevent harm to public like fire truck
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Tresspass to personal property
- Interfering with plaintiff's rights of possession of her property
- This is stuffl like computer
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Conversions
Interference with plainff's personal property rights to the point where they are useless.
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Defenses to Intentional Torts
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Privilege
- Self-defense
- Defense of others
- Defense of property
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Negligence
- 1) Duty of care/breach of duty
- 2) Actual Cause
- 3) Proximate caues
- 4) Damages
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Duty of care
- a) reasonable person standard (reasonable duty of care)
- b) Possessors of Land- Tresspassser (low) Licensees (medium) invitees (high)
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Actual cause
Plaintiff has to show...if not for defendants actions, would plainfiff been injured? YES
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Proximate cause
Reasonably forseable that defentens neglgent act could injure someone in the shoes of the plaintiff
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Damages
Show some type of harm happened to them
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Defenses to Negligence
Contributory: Plaintiff's neglagent as well and added to the actions (older tradition)
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Comparative
Determin total amount plaintiff's damages thena ssign a level of ault for both parties
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Assumption of Risk
- Plaintiff was aware of situation of rist that was created so they saw what could happen and could have avoided it
- Subjective standard: not about if reasonalbe person but fo this person aware of risk
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Strict Liability
- 1) Wild animals
- 2) Ultrahazrdous/abnormally dangerous activites
- 3) Products liabiltiy
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Wild Animals
- If animal is originally found in wild
- Everydog gets one free bite
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Ultrahazardous Activities
- Activity involves risk of serious harm to people or property and
- Cannot be perfomred sith complete safety regarless of how careful on is and it is not commonly performed in the community
- Can't be safe no matter what
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Products Liability
- One who sells a defective product which is unreasonably dangerous to a consumer of his property is liable if-
- a) the seller is in the businees of selling the product and
- b) the product reaches teh consumer without substantial change in it's condition
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Uncontemplated defect
Somthing not supose to be there like mouse
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Design defect
They inteneded it to be that way but how design was is defective and dangerous
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