US Constitution: Articles & Convention

• Torts are civil wrongs, such as product liability.

Issues with Articles of Confederation

• War debts existed with no taxation methods available.
• No means to resolve disputes among states existed.
• Absence of executive leadership hindered governance.
• Difficulty in creating treaties due to lack of centralized authority.

Shay's Rebellion

• Farmers revolted, suppressed by mercenaries.

Constitutional Convention

• Initially intended to amend the Articles of Confederation but resulted in the creation of a new Constitution.
• The Constitution includes limitations on federal power and enumeration of federal rights.

Article 1 of the Constitution

• Section 8 outlines Congress's 18 enumerated powers, including the Commerce Clause and the Necessary and Proper Clause.
• Section 9 lists 8 limitations on Congress, such as those related to habeas corpus and ex post facto laws.
• Section 10 specifies 3 state limitations, prohibiting states from making treaties, taxing imports/exports, and maintaining troops.

Executive Power

• The president, as commander in chief, holds power to grant pardons, make treaties, nominate ambassadors, and deliver the State of the Union address.

Marbury vs. Madison

• Established the Supreme Court's power to deem acts 'unconstitutional', setting a precedent not explicitly supported by the Constitution.

Commerce Clause

• Empowers the executive branch to justify actions beyond enumerated powers.
• FDR's threat to pack the courts led the Supreme Court to uphold the National Labor Relations Act, expanding labor regulation.

Limits on Commerce Clause

• The Gun-Free School Zones Act and Violence Against Women Act, which added federal time onto state sentences.

House Special Powers

• Include originating tax laws and impeachment proclamations.

Pocket Veto

• Occurs when the president ignores a bill and Congress adjourns within 10 days.

Lobbyists

• Required to register, often former members of Congress, and can write or advise on laws.

Ways to Stop a Law

• Lobbyists do not introduce, committee tables, keep amending, "no" recommendation from committee, "no" from floor, cloture, veto, pocket veto.

Executive Orders

• Subject to few restrictions but cannot contradict existing law.

Treaties

• Supposed to require presidential and 2/3 Senate approval but many are handled without being formally designated as treaties.

USC/USCA

• United States Code.

Illinois Bill of Rights

• Offers additional protections like prohibitions against eavesdropping and employment/housing discrimination.
• Provides for a constitutional convention to rewrite the constitution every 20 years.

APA

• The Administrative Procedure Act governs federal agencies with 4 goals.
• Requires agencies to keep the public informed.
• Provides for public participation in rulemaking.
• Establishes uniform standards.
• Defines the scope of judicial review.

Agency Rule Making

• Legislative: Rule specifically in agency's authorizing statute
• Interpretive: Implements a statutory objective but is not explicit in statute
• Substantive: Direct influence on rights
• Procedural: Mere procedure

Agency Rule Making: Overthrow Difficulty

• Legislative Procedural - hardest to overthrow
• Interpretive Substantive - easiest to overthrow

Agencies and Lawsuits

• Agencies can sue.

Professional Licensing Standards

• Inclusive Model: Can be initiated by anyone but needs organizational approval.
• Proprietary Model: Only select members are included.

Rambus Case

• Rambus joined JEDEC, withdrew, and sued for using JEDEC standards.

Trial Courts

• Involve evidence, discovery, jury, and testimony.

Appeals Courts

• Judges review trial court proceedings.

Federal Circuits

• There are 13 federal circuits.

Cert

• Supreme Court decides whether to hear a case.

State Courts

• Structures vary, with some having 3-level systems and others 2-level systems.

State to Federal Court

• A case may move from state to federal court if it involves a question of constitutionality, originates in the state supreme court, or involves habeas corpus in criminal cases.

Appeals of Agency Rulings

• Typically go to district/trial court.

Bankruptcy Court

• Handles debtor's requests to be relieved of debts, as part of the federal court system for both corporate and personal cases.

Parts of a Lawsuit

• The 5 parts of a suit are complaint, answer, discovery, trial, and appeal.

Defendant

• The party being sued

FRCP/FRE

• Rules for how case should be run

Rule 11 Sanctions

• Imposes sanctions on a party/attorney if they are lying

Federal Jurisdiction

• Requires either a federal case (relating to federal law) or diversity (citizens of different states with a value over $75k)

Minimum Contacts

• Necessary for a defendant to be sued in a state, indicating a reasonable expectation of appearing in court there.

Venue for Federal Court

• If there's a federal question, it can be anywhere convenient or where the defendant is located.
• If there's diversity, it can be the defendant's location or where most of the events occurred.

Answer

• Response to being served, compliant with FRCP 12

FRCP 12

• (1) lack of subject matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under rule 19

Counterclaims

• Defendant sues the plaintiff.

Discovery

• Involves interrogatories, motions for documents, requests for admissions, and depositions.

Settlement

• Plaintiffs typically achieve better results.

Bench Trial

• Most civil trials unless a jury is demanded, generally faster.

Jury Trial

• A constitutional right, common in criminal trials unless waived by the defendant.

Direct Examination

• Involves friendly witnesses and no leading questions

Cross Examination

• Involves hostile witnesses and leading questions

Re-Direct Examination

• Clarifies testimony to mitigate the impact of cross-examination.

Burden of Proof

• The plaintiff is responsible for proving their case.

JMOL

• Judgment as a Matter of Law (FRCP 50).

Jury Nullification

• Jurors can disregard the law and deliver a judgment based on their conscience.

Appeals Process

• Involves parties filing appeals briefs that present written legal arguments.

Appeals Judgements

• Vacated: lower court judgment is thrown out.
• Remanded: returned to lower court
• Modified: more common in criminal cases
• Affirmed: the lower court decision stands.

Bill of Rights

• The first ten amendments to the Constitution.

Senate Special Powers

• Ratify treaties (2/3 vote), approve presidential appointments, conduct impeachment trials.

Cloture

• Differing versions between chambers.

Missouri vs. Holland (1920)

• Federal government can create treaties with Canada to protect Canada geese.

CFR

• Code of Federal Regulations (agency-made law).

Agency findings/Court findings

• Agency finding does not control court; court finding is not binding on agency

Employee Handbook

• Binding agreement with company.

State Inferior Courts

• States can create as many as they want and they can be separate from the 'regular' court system

Plaintiff

• The party doing the suing - complainer..called 'prosecution' in criminal cases

Process for Cases

• pre-filing investigation, file complaint, summons from clerk, serve complaint, proof of service returned to court, answer, discovery, pretrial motions, proceed to trial, verdict, appeal.

Federal Court vs. State Court

• Judges are appointed, states sometimes 'homecook', perception of more fair / knowledgable,

Affirmative Defense

• Legal strategies employed by the defense to mitigate or reduce the plaintiff's claims.

Jury Trial Process

• Begins with 'voir dire' (jury selection), plaintiff's case, JMOL, defendant's case, JMOL, jury charge and deliberation.

Overview of the Articles of Confederation's failures and the move towards a new Constitution. Includes details on Shay's Rebellion, the Constitutional Convention and Article 1.