Law and Jurisprudence Overview

• Law refers to a set of rules of action or conduct from a controlling authority, possessing legal force.
• Jurisprudence is the philosophy of law, encompassing various schools of thought.

Types of Jurisprudence

• Natural law
• Legal positivism
• Historical school
• Legal realism
• Sociological school

Defining Laws

• Civil law governs relationships between individuals, with remedies like monetary damages.
• Criminal law addresses offenses against society, prosecuted by the government, with penalties such as imprisonment or death.
• Substantive law defines rights and duties.
• Procedural law outlines methods for enforcing rights or obtaining redress for violations.

Sources of Law

• Federal and state constitutions
• Federal and state statutes
• Administrative regulations
• Case law (common law)
• Treaties

Legal Precedence

• Stare Decisis dictates that judges should adhere to precedents set in previous court decisions.
• Legal Reasoning involves applying legal rules to specific facts, utilizing deductive and analogical reasoning, and case distinguishing.

Court Systems

• Federal courts have jurisdiction based on federal questions or diversity of citizenship.
• Federal courts include district courts, courts of appeals, and the Supreme Court.
• State courts have jurisdiction over state law matters, typically including trial and appellate courts, and a state supreme court.

Court Power

• Personal Jurisdiction empowers a court to hear cases involving a defendant, requiring minimum contacts with the operating state.
• Subject Matter Jurisdiction empowers a court to hear cases involving a specific type of claim.
• Venue is the proper geographic location for filing a lawsuit.
• Standing to Sue requires a plaintiff to have a sufficient stake in the controversy.
• Trial courts are where cases are initially heard, while appellate courts review trial court decisions.
• The Supreme Court is the highest court in a jurisdiction.

Alternative Dispute Resolution (ADR)

• ADR involves resolving disputes outside of court
• Methods of ADR include negotiation, mediation, and arbitration.

Civil Procedure

• Pleadings are formal documents outlining claims and defenses, including complaints and answers.
• A complaint is filed by the plaintiff to initiate a lawsuit.
• An answer is the defendant's response to the complaint.
• Discovery is the process of gathering information, including interrogatories, depositions, and document requests.
• A Motion for Summary Judgment requests a ruling that no genuine factual dispute exists.
• A trial is the formal presentation of evidence to a judge or jury.
• The Burden of Proof is the obligation to prove a fact.
• Preponderance of the Evidence is the standard of proof in civil cases, indicating the fact is more likely than not true.
• A judgment constitutes the final decision of the court.
• An appeal seeks review of a lower court's decision.

Constitutional Law

• A constitution constitutes the fundamental laws of a jurisdiction.
• Federalism divides powers between federal and state governments.
• The Supremacy Clause states federal law supersedes state law in cases of conflict.
• The Commerce Clause grants Congress the power to regulate interstate commerce.
• The Dormant Commerce Clause restricts states from enacting laws that discriminate against or burden interstate commerce.
• The First Amendment protects freedoms of speech, religion, press, assembly, and petition.
• The Due Process Clause guarantees fundamental fairness.
• The Equal Protection Clause prohibits states from denying equal protection under the law.
• Judicial Review empowers courts to review laws and government actions for constitutionality.

Torts

• A tort is a civil wrong, excluding breach of contract, with a legal remedy.
• Negligence occurs from a failure to exercise reasonable care, causing injury.
• Negligence includes duty, breach, causation (actual and proximate), and damages.
• Duty of Care mandates acting reasonably to avoid harming others.
• Breach of Duty is the failure to exercise reasonable care.
• Actual Cause employs the "but for" test.
• Proximate Cause requires a direct connection between the act and injury.
• Damages are monetary compensation for loss or injury.
• Defenses to negligence include contributory negligence, comparative negligence, and assumption of risk.

Intentional Torts

• Intentional torts are committed with intent to harm.
• Intentional torts includes assault, battery, false imprisonment, defamation, intentional infliction of emotional distress, trespass, and conversion.
• Strict Liability assigns liability without fault, applicable to dangerous activities or defective products.

Contracts

• A contract is a legally enforceable agreement
• A valid contract requires offer, acceptance, consideration, capacity, and legality.
• An offer is a promise conditioned on agreement.
• Acceptance is agreeing to the terms of the offer.
• Consideration involves an exchange between parties.
• Capacity is the legal ability to enter a contract, which may be lacking in minors, the intoxicated, or mentally incompetent.
• Legality requires a lawful purpose.
• A Bilateral Contract involves a promise for a promise.
• A Unilateral Contract involves a promise for an act.
• An Express Contract is formed by words.
• An Implied Contract is formed by conduct.
• A Quasi Contract prevents unjust enrichment.
• The Statute of Frauds requires certain contracts to be written.
• Breach of Contract arises from failure to perform an obligation.
• Remedies for breach include damages (compensatory, consequential, punitive), specific performance, and injunction.

Sales

• A sale involves the passing of title for a price.
• Goods are tangible, movable items.
• The Uniform Commercial Code (UCC) governs commercial transactions, including sales.
• UCC rules regarding offer and acceptance may differ from common law rules.
• Consideration is generally not required for UCC sales contract modifications.
• The Statute of Frauds requires sales contracts for goods of $500+ to be written.
• A Warranty guarantees product quality, including express warranties and implied warranties (merchantability, fitness for a particular purpose).
• Product Liability assigns liability for injuries caused by defective products.
• Seller's remedies include the right to reclaim goods or to sue for damages. Buyer's remedies include the right to reject goods or to sue for damages.

Explore the fundamentals of law, including its definition as rules enforced by a controlling authority. Delve into jurisprudence, the philosophy of law, and its various schools of thought. Learn about civil versus criminal law, substantive versus procedural law, sources of law, and the role of legal precedence.