U.S. Law & Three Branches of Government

• Constitutional law is the most absolute, requiring a 2/3 state majority for changes via constitutional amendment, and has the least constraint.
• Statutory law is written by Congress, needing a 2/3 vote in the House and Senate or presidential signature to pass, and can only be changed by constitutional amendment or a different state law, it cannot conflict with constitutional law.
• Common law sets precedent as a guide for future cases, is determined by a judge, and interprets law to make the best possible decision.

Three Branches of US Government

• Executive branch, led by the president, enforces laws, regulations, and enacts executive orders.
• Legislative branch, consisting of the House (435 members, proportional representation) and Senate (50 members per state), creates and changes laws.
• Judicial branch, made up of the courts, judges laws.
  • Federal District Courts handle federal and constitutional laws, as well as disagreements between states, and conduct full trials.
  • Federal Court of Appeals does not hold full trials, but reviews if the rules in the trial were applied appropriately and fairly, and can reverse, send the trial back, or affirm the original decision.
  • Supreme Court requires agreement from four judges to hear a case, where lawyers make arguments and judges ask questions; its decisions set precedent.

Criminal vs. Civil Trial

• Criminal trials are against society and can result in jail time, requiring proof beyond a reasonable doubt.
  • Misdemeanors are less serious crimes.
  • Felonies are more serious crimes.
• Civil trials are for monetary compensation, requiring at least 50% proof.

Intent and Motivation

• Intent of the Lawmaker refers to the motivation behind a law's creation.
• Motivation of Lawbreaker refers to the justification behind the crime.

Protected Speech

• Speech varies in protection, with educational and political speech being the most protected and vulgarity being the least protected.

Dispute Resolution

• Arbitration functions like a judge, dictates a winner/loser, has experience in the context, functions quickly, but can damage relationships.
• Mediation involves a mediator who tries to get both parties to agree, but cannot make decisions, takes longer, but both parties can benefit.
• Administrative hearings occur in schools and government-funded agencies, providing a workaround for court and a fair established process of appeal.

Damages

• Compensatory damages are tied to negligence and designed to compensate for losses.
• Punitive damages are tied to gross negligence, designed to punish, and are typically 4-5x compensatory damages.
• Motion of Summary Judgement indicates all parties agree on the facts at hand.
• Preliminary injunction requires the defendant to stop an action that is causing potential damages to the plaintiff while the trial is ongoing.
• Motion to dismiss asserts there is not enough evidence to justify the plaintiff's claim.

Harassment

• Quid pro quo harassment involves an exchange of favors, like a sex bribe.
• Hostile environment involves repeated and unwelcome behavior that is so pervasive that it interferes with work.
  • Can be sexual in nature or target gender.
• Harassment is about dominance and manipulation, not attraction.
  • Defenses against harassment claims include: it did not happen, it was not harassment, or precautionary measures (affirmative defense taken).

Additional Legal Concepts

• Whistleblowers share information about corruption or unethical practices with the media.
• Burden of proof is always on the plaintiff.
• Dress codes are permissible unless they target race, gender, or religion.
• Freedom of speech only protects from government actions.
• Religious holidays must be accommodated unless the activity needs to happen on a specific day or requires a special skill.

Property and Negligence

• Invitees are on a property with permission and benefit financially and are owed the highest level of care.
• Licensees are on a property with consent but without financial gain and are owed a lesser level of care than invitees.
• Trespassers are on a property without consent, and should not be intentionally hurt unless there is fear for health.
• Gross negligence is when your standard of care falls lower than what the law expects, and includes four elements: duty, breach, cause, and harm.
• Negligence per se is a criminal violation that arises for protected classes and could have been prevented.
• Gross negligence can result in punitive damages, as the care falls so low that it could be considered intentional.

Assumption of Risk & Public Funding

• Assumption of risk means you cannot sue if the risks are obvious and you choose to participate.
• Steps to win public pay for a facility: show economic benefit, ask for bonds or tax breaks instead of cash, and secure a vote.

Clauses and Insurance

• Hold harmless clauses make renters responsible for the facility.
• Force majeure clauses protect from acts of God.
• Termination clauses protect the weaker party from cancellations.
• Insurance types include: liquor, property, business interruption, and professional liability.

Constitutional Amendments

• 5th Amendment, right to due process, includes imminent domain where fair market value must be given.
• 14th Amendment protects against unreasonable search and seizure, requiring necessity, effectiveness, and the least embarrassing and most reasonable method of intrusion.

Accessibility Legislation

• Rehab Act mandated accessibility for the government and government-funded agencies.
• ADA (Civil Rights Office) extended accessibility rights to everyone.
  • Title 1 (Employment): if you have more than 25 employees, you must accommodate employees financially up to the highest tier budget.
  • Title 3 (Public): Anything that interacts with public must be accessible.
  • Title 4 (Telecommunications): requires visual aids or text to speech.
• Rights to reasonable accommodation include: right to participate, right to integrated setting, right to modification, right to assessment, evaluation, equipment, and right to least expensive seating.

Title IX

• Title IX prongs include: economic opportunities for both genders must be proportionate to enrollment and expand the opportunities of the underrepresented group.
• Violations can be punished by losing all federal funding.