Law: Sources, Branches, Criminal Law and Burdens

• Constitutions establish the structure of government and prevent other units from passing certain laws.
• Statutes are laws enacted by Congress or a State legislature, found in statute books or codes.
• Common Law refers to law made by judges through case decisions.
• Equity is when judges make decisions due to the absence of a specific law.
• The Judicial branch interprets the law.
• The Executive branch enforces the law.
• The Legislative branch makes the law.
• Restatements occur when judges rule in a particular way and subsequent judges are expected to rule similarly, but are not required to.
• Criminal Law is applied when the government prosecutes someone for committing a crime.
• Civil Law applies when one party sues another for not meeting a legal duty, typically in private disputes.

Burdens of Proof

• In civil cases, the plaintiff must provide enough evidence to show their version of events is more likely true (more than 50% on the justice scale).
• In criminal cases, the prosecution must prove guilt beyond a reasonable doubt, a higher standard than a "preponderance of the evidence" used in civil cases.

Courts

• State Courts have limited jurisdiction (district courts), are very informal, and handle a large number of cases.
• District Courts are where all cases start.
• Trial Courts are responsible for finding relevant facts, identifying applicable laws, and combining the two to reach a decision.
• The Court of Common Pleas is a trial court.
• State Appeals Courts only decide legal questions; judges do not make factual findings, there is no jury, and every person is entitled to one appeal; PA superior court.
• The PA Supreme Court is the highest court, and there is no automatic right to appeal to it.

Jurisdiction

• Subject matter jurisdiction gives courts the power to decide the type of dispute involved in a case.
• In personam or in rem jurisdiction is based on property within the state; states can determine rights in property even if the affected person is outside the state's in personam jurisdiction.
• There must be sufficient minimum contacts with a state to be sued there.
• Federal Courts can hear cases based on a federal question (violation under constitution) or diversity jurisdiction (differing parties with the amount in controversy exceeding $50,000).
• A Service of Summons is the process by which someone is served with documents
• Pleadings are documents parties file with the court to state their cases.
• A Motion to Dismiss, filed by the defendant with no evidence presented, ends a case if it is clear from the pleadings that a party has no case.
• A Motion for Summary Judgement can be filed by either side after discovery, aiming to resolve the case without a trial if there is no issue to be debated.
• Vior Dire is the process of jury selection where potential jurors can be removed for cause.
• Jurors can be removed through strikes for cause or preemptive removal.

Contracts

• A Bi lateral Contract is a promise for a promise.
• Unilateral Contracts involve only one party making a promise in exchange for a performance.
• The Offeror has the power to make the offer.
• The Offeree has the power to accept.
• Option contracts involve holding an offer open in exchange for money.
• The Mirror Image Rule requires acceptance to mirror the offer.
• The Battle of the Forms describes how in commercial transactions, offers and acceptances are carried out using preprinted forms that rarely agree in every aspect.
• The U.C.C. states that an order requesting prompt shipment of goods may be accepted either by a promise to ship or by current shipment of the goods and shipping conforming or nonconforming goods operates as acceptance unless the seller notifies the buyer that the nonconforming goods are an accommodation.
• The Mail Box Rule states acceptance is effective when properly posted and dispatched.
• Consideration is something of legal value bargained for in exchange.
• Nominal Consideration disguises a gift to avoid paying taxes.
• Illusory promises do not bind the promisee. Contracts with illusory promises are permissible.
• Output K is a contract where one party agrees to buy all of another party's production of a particular commodity.

More Contract Definitions

• Requirement K involves contracts where one party agrees to supply all of another party's needs for a particular commodity.
• Preexisting Duties cannot be exchanged for something of legal value more than once.
• A promise to pay for past benefits is when a promisor promises to pay for past benefits (food, lodging, etc.).
• Equity Doctrines include Quasi Contract Theory (getting a benefit you're not entitled to) and Promissory Estoppel (making a promise, relying on that promise, and suffering a detriment).
• Capacity to contract means someone must have the ability to consent to an agreement before being legally bound and must be capable of representing their own interests.
• Disaffirmance is the right of a minor to get out of a contract; it can only be done by a minor or a legal representative.
• Ratification is the act of affirming the contract and surrendering the right to void it, only done after the minor reaches 18.
• All contracts with minors are generally voidable.
• Adults cannot disaffirm a contract for a minor.
• Courts assess whether a person has sufficient mental capacity to understand the nature and effect of a contract.
• If a person is declared mentally incompetent by a court before a contract is formed, the contract is void.
• If mental incompetency is determined after a contract is entered into, the contract is voidable.
• Advertisements and auction tables are not offers.
• Rewards are unilateral offers.
• Offerors can revoke any offer before acceptance.
• An offer can be terminated by its own terms, lapse of time, or revocation by the offeror.
• An offer can be rejected by the offeree.
• An offer can be terminated on death or insanity of either party, destruction of the subject matter, or intervening illegality.
• Courts look for evidence that the offeree intended to enter the agreement, and that they communicated their acceptance to the offeror.
• Acceptance must be a mirror image of the offer.
• Offerors generally have the power to specify how offers can be accepted, like making a return promise (bilateral) or performing a specific act (unilateral).
• In most states, the age of majority is now 18.
• Silence is not acceptance, unless otherwise specified.
• The UCC applies only to the sale of goods.

Elements of a Contract

• Agreement

• Voluntarily created

• By a person with the capacity to contract

• The objective of the contract must be legal

• Usually the agreement must be supported by consideration ($)

• Evidence in writing generally required for it to be enforced

• Courts examine the definiteness of the alleged offer and whether it was communicated to the offeree to determine if there was an offer.

• All cases start in district courts.

• Trial courts have lower caseloads than district courts, and district courts are very informal.

• The 1st appellate court is the Pennsylvania superior court.

• Appellate judges interpret the law and ensure that the case was filed properly (criminal cases in criminal courts, civil cases in civil courts).