intro to Law notes 1st

civil wrong

• court has authority to rule on the law and power
• to enforce its decision upon a party.

•    
• you will check forum states body of law called
• “conflicts of law” see which state’s substantive rule of law will apply

• right under these circumstances; requires or prohibit people from doing
• something

diversity of interests plus over $75,000 in damages

• (1842) and said from now on, fed court will apply law of state: wiped out
• federal case laws on April 25, 1938, known as the Eric doctrine

apply law of state where contract was made

apply law of state where incident occured

bring lawsuit to where you find defendant (person who stands to lose)

we resolve issues of laws first

listen to both sides, detemine what law is.

no rule of law that would give relief

motion to dismiss, general denial, counterclaim (counter complaint)

following precedence and not unsettling that which already settled

author of court decision does not put her name on the decision, court applies statute as written by congress; case laws interpret statues

interpret statutes (read legislative history, and read gaps as Congress meant it); look at statue spply those with essentially similar facts

facts, extract law with assurance court wouldn’t change precedent

or exclude them just because (may be influenced by appearance, manner)

sit in judgment and fairly, evenly administer justice

prosecution starts case in civil case; criminal attorney first laws out laws

questions that contain answers within the question; no leading question in direct examination

cut down damage done to your case by direct examination: try to show bias on their part, prior inconsistent statements in depositions, defects in testimonial falculties

out of court statement by person not under oath, who is not now testifying which is offered for the truth of the content of the statement

person doing damage is in court under oath doing cross examination (civil case; you can tell about what other party said as well)

• -party opponent exception
• -dying declaration
• -attorney client privilege (when their talk is overheard--this is an exception to heresay)
• -husband wife privilege
• -doctor patient privilege (doctor only testifies in area of expertise, not what he have admitted to you
• clergy penatant: don't have to say what was said in confession

based on preponderous of evidence (clear and convincing evidence)

state beyond reasonable doubt

opening statements: plaintiff calls witness, defendant calls witness, final instructions, attorneys close, defendant needs burden of proof, close case

execution of judgement

• Dispute of affair is over; can’t come back to
• same dispute once you sign release and judgment is executed

ensure substantive and procedural fairness (equal protection clause)

• warrant: obtained from appearing in court, in written statement of facts and circumstances to get warrant, amount to probable cause
• search incident to an arrest: search around area of arrest
• threshold inquiry (stop and frisk) if crime committed in an area and police have reasonable suspicion, police can stop, question, and partial search

be used in legal court

it contains fundamental safeguards of liberty, immunity from federal abridgment--are equally protected by the 14th amendment, due process clause

• citizens listen to the case, witness don't bring attorney; does state have enough evidence to charge against person; protection from obligatory conduct
• private (doesnt' go out in public unless grand jury says) no cross examination; easy to get indictment

and turning it to states

• Protects only testimonial self incrimination;
• nor shall be compelled in any criminal case to be a witness against himself

• o  
• Court may grant immunity to people to build
• evidence against major criminal by allowing people to not be subject to
• incrimination by saying self-incriminating things

• o  
• Perjury: id you don’t say what you know
• truthfully

compensation

right to council (equal protection clause)

says it is left up to state: not fundamental safeguards (not that important)

• are appointed only in capital cases bc of Powell vs. Ala; this is small case
• Florida state will not pay

• be brought before court, ensures prisioner can be released from unlawful
• detention. right to council at trial @ Gedeon (5000 prisoners released b/c of
• no council)

• silent and anything he says could be used against him, and right to an
• attorney, either retain or appointed if you are indigent

observe what’s going on and make objections

• if someone voluntarily told something, they can
• use it as evidence (Dickerson vs. U.S. 2000)

• o  
• right to council from 6th amendment
• by confront witness/cross examination

• march/say what you want to say many interfering
• with other people’s rights

• o  
• need permit to march, for people to clear the
• roads (need to say content neutral things

• o  
• police can give time and place but can’t favor
• one religion over another in times of peaceful protest

• speech 
• action
• pure political
• economic speech
• obscene

prior/total/partial

• asic guidelines for the trial of fact, must be
• contemporary community standards, trial of fact is jury (decides community standards), they are from the
• community

• deals with health, welfare, safety, and morality
• of the citizens of the state

• remark made that tend to hold individual up to
• scorn and ridicule in the community

cause of action

publication + remark

prove malice on part of person or reckless regard for the truth

• their written consent for advertising or purposes of trade is guilty of
• misdemeanor.

figure or individual who is not a public figure