Chapter 1 and 4 Law Lecture Notes PDF

CHAPTER 1-Law and Legal Reasoning A. LAW: Enforceable rules governing relationships among individuals and between individuals and their government that guides social conduct (PARTIES TO LITIGATION) Plaintiffs and Defendants 1. Law consists of enforceable rules of conduct found in: A. Unwritten princ...

CHAPTER 1-Law and Legal Reasoning A. LAW: Enforceable rules governing relationships among individuals and between individuals and their government that guides social conduct (PARTIES TO LITIGATION) Plaintiffs and Defendants 1. Law consists of enforceable rules of conduct found in: A. Unwritten principles (Common Law) B. Written rules (Statutes) C. Court decisions (Case Law) 2. Jurisprudence- The study of law including the different schools of legal jurisprudential thought B. LEGAL PHILOSOPHY: is significant in how judges apply law to disputes. 1. Judges philosophical application or approach to applying the law to a dispute is a subject of jurisprudence 1. A judge is influenced by his/her legal philosophy 2. How is a judge’s philosophical application in applying the law to a set of facts relevant to jurisprudence FUNCTION OF A JUDGE: Not to make law but to interpret and apply the law to a given set of facts FUNCTION NOT TO MAKE LAW...BUT JUDGES HAVE FLEXIBILY IN INTERPRTING AND APPLYING THE LAW (Same facts different conclusions) C. FACTORS INFLUENCING A JUDGE’S DECISION MAKING: 1. Personality 2. Values 3. Intellect 4. Politics 5. Legal philosophy C. SCHOOLS OF JURISPRUDENTIAL THOUGHT 1. NATURALIST SCHOOL a. There is a higher universal law that applies to all mankind (Natural Rights) b. There is absolute right and wrong and any law that conflicts with natural is not law at all c. There are moral principles inherent in human nature (Natural Laws) d. There is an absolute right and wrong (Unwritten Law) e. An ideal state of being exists f. AN UNJUST LAW IS NO LAW AT ALL and need not be obeyed g. Gov and legal system should reflect universal moral and ethical principles, inherent in the nature of human life h. Applies to all mankind i. Endowed at birth vs. endowed by Society 1. Live in Safety 2. Provided healthy food and water 3. Health Care?? 2. POSITIVIST SCHOOL a. The written law of a society at a given time is the law/ applies only to that nation b. No higher law than the nation’s positive law c. No natural rights but human rights provided by law-no connection between law and morality (Sovereign Dictates what the law shall be) d. Whether a law is bad or good is irrelevant it must be obeyed until changed by an appropriate legislative body e. Not rooted in morality but by a legitimate legislative body 3. HISTORICAL SCHOOL a. Law has evolved over time so look to past to determine what law should be today- b. Legal doctrines that have withstood the passage of time c. Legal doctrines that have worked best in the past should shape present law-“don’t change what isn’t broken” 4. LEGAL REALISM (SOCIOLOGICAL SCHOOL) a. Law is a means to a social end-law is shaped by social forces and needs and not historical concepts b. Law is shaped by economic needs and realities c. Law is shaped by social forces and social needs and therefore cannot be applied uniformly d. QUESTION: Does law promote social justice and benefit the larger society Prohibition-Medical MJ-Same Sex Marriage CRIMES AGAINST HUMANITY/NEURUMBERG TRIALS Can you murder, enslave, own as property another human being because of their race, color, gender, or national origin??? Doing so Highly Immoral VS. It was the Law of the Land D. TENSION THAT EXISTS IN THE LAW 1. The Need for Stability vs. Providing an Opportunity for Change 2. Function of law is to maintain stability and allow for change in the law 3. Complex system of moral/ethical conduct giving order to society E. PRIMARY SOURCES OF AMERICAN LAW 1. Constitutions a. Federal- US Constitution 1. Supreme law of the land-conflicts 2. Critical check on other branches of government b. State Constitutions 1. Supreme law of the state but cannot conflict with US Constitution 2. Statutes-Statutory Law a. Laws enacted by a legislative body b. Federal statutes-US Code that applies to all states c. State statutes- applies to that state laws d. Ordinances- Local government rules/regulations 3. Administrative Law a. Rules, orders, and decisions of administrative agencies affecting every aspect of business. (Financing/hiring-firing employees/environmental issues...) b. A federal, State or Local government agency established to perform a specific function (Regulation) 1. Ececutive agencies- authorized by President/Governor a. US Food and Drug/US Dept/ Health and Human Services 2. Independent agencies-more independent a. Federal Trade Commission/SEC/FCC 4. Case Law and Common Law a. American law based on old English Common Law b. American law is a process of evolution-interpretations of statutes and constitutional provisions c. Case law/Judge made law/Common law Interpretations of Statutes, Constitutional Provisions/Doctrines/ Principles advanced in Cases F. CONFLICT OF LAW 1. No law can conflict with the US Constitution (Supreme law of the land) 2. No state statute can conflict with the State Constitution (Supreme law of the state) 3. State statute cannot conflict with a federal statute 4. No executive can enforce a law or regulation in violation of US Constitution LAW HAS EVOLVED-HAS BEEN ENRICHED AND ENHANCED-HOPEFULLY IMPROVED. AMERICAN LAW SHAPED BY BORROWED IDEAS- ENGLISH MOATLY MUCH OF AMERICAN LAW BASED ON ENGLISH LEGAL SYSTEM G. COMMON LAW-JUDGE MADE LAW-CASE LAW 1. Body of general rules that prescribe social conduct 2. No particular form-an evolution process (Developed by Judges) (Based on Social Customs) 3. An attempt to establish a uniform set of customs 4. Over time a form of Jurisprudence developed 5. Common law aided in the evolution of law Negligence-Marriage-Free Speech-Criminal-Real Property H. KING’S COURTS/COURTS OF LAW/REMEDIES AT LAW 1. Providing a forum in which uniform justice could be obtained according to local customs and general rules of conduct 2. Where remedies can be sought out by those suffering harm 3. Remedies at law-money damages, goods, land, tangibles 4. Courts of Law/Remedies at Law/Money 5. What evolved was the beginning of common law PROBLEM: When money was an insufficient remedy, the court of law could do nothing, “NO REMEDY, NO RIGHT” PROBLEM-REMEDIES LIMITED TO DAMAGES ($) PROVIDE FAIRNESS WHEN $ ALONE INSUFFICIENT REMEDY I. CHANCERY COURTS/COURTS OF EQUITY/REMEDIES AT EQUITY 1. Founded on notions of justice and fair dealing 2. Decided by a counselor to the king-Chancellor 3. Unique remedies unlike money damages-extraordinary relief 4. Equitable Remedies: Court ordering a party to: a. Injunction-stop engaging in certain activities b. Specific Performance-perform under the terms of an agreement c. Rescission-cancellation of a contract obligation d. Reformation-change the terms of a writing Contract/Deed) e. Accounting-provide an account of financial activities COURTS WILL NOT PROVIDE AN EQUITABLE REMEDY IF MONEY DAMAGES IS A SUFFICIENT REMEDY AS EQUITABLE REMEDIES ARE EXTRA-ORDINARY RELIEF J. EQUITABLE MAXIMS (Possible Defenses to Claims in Equity) 1. General statements of equitable rules: a. Those who seek equity must do equity-be fair yourself b. Come to court with clean hands-you have done no harm c. Equity regards substance over form d. Equity aids the vigilant 1. Laches 2. Statute of Limitations-time period for filing a lawsuit if violated plaintiff is barred from pursuing a claim K. PROCEEDURAL DIFFERENCES BETWEEN LAW AND EQUITY 1. Plaintiff/Petitioner vs. Defendant/Respondent 2. Court trial vs. Jury trial 3. Two different courts vs. one court 4. Today one court hears both Law and Equity claims and can provide both remedies in the same action L. DOCTRINE OF STARE DECISIS 1. Common Law-Judges decided controversies 2. Judges attempted to be consistent—Find a similar case and Rule accordingly unless an overwhelming reason not to 3. Therefore relied on precedent-basing rulings on earlier decisions, serving as a basis for present decision 4. No formal documentation on rulings then Year Books and today reporting decisions in reporter systems 5. This practice of deciding new cases on precedent became the doctrine of STARE DECISES 6. Judges are obligated to follow precedent in their jurisdiction to avoid arbitrary ruling 7. SD is fundamental to the development of our legal tradition providing legal authority for deciding subsequent cases 8. Binding authority-court must follow-statutes/Constitutions/ Previous court decisions M. FUNCTION OF STARE DECISIS 1. Efficiency in the court system 2. Uniformity in applying the law 3. Consistency in applying the law 4. Stability in the social and business practices 5. Predictability of the law CAN OR SHOULD A COURT EVER DEPART FROM PRESEDENT? 1. CASES OF FIRST IMPRESSAION 2. PRECEDENT IS INCORRECT 3. SOCIAL CHANGES 4. CHANGES IN TECHNOLOGY 5. MUST HAVE A COMPELLING REASON N. LEGAL REASONING as applied by Judges and briefing cases 1. Issue-Legal issue not factual issue 2. Rule-rule of law that applies (Statute/regulation...) 3. Analysis-How does the rule apply to the facts 4. Conclusion O. CLASSIFICATION OF LAW 1. Substantive vs. Procedural a. define, describe, create rights vs. methods of enforcement 2. Civil vs. Criminal a. Civil-duties existing between individuals with individuals, governments, business entities and remedies sought in law and/or equity b. Criminal-wrongs committed against public policy as a whole acts that shock the conscious of society money damages vs. incarceration/fines/probation P. Finding Law 1. US Code 2. State Code 3. Administrative rules 4. Federal and State court decisions in reporter systems Judge Written Opinions-Court’s reasoning in deciding cases Majority, concurring (Same conclusion different reasoning), dissenting opinions Chapter 4 Pages 65-78 A. JUDICIAL REVIEW-Check on other 2 branches of government 1. Judicial Function-Interpret and apply law 2. Both federal and state courts exercise the power to determine the constitutionally of an act of the other two branches of government 3. Power of the courts to act as the final authority on the constitutionally of an act by the legislative or executive branch conferred to itself by MARBURY VS. MADISON (1803) IT IS THE DUTY OF THE COURTS TO SAY WHAT THE LAW IS-TO DATE UNCHALLENGED B. BEGINNING A LAWSUIT 1. Before a court can hear a case it must have jurisdiction 2. Specifically over the defendant or thing as well as over the type of case to be heard C. JURISDICTION 1. In Personam Jurisdiction- Jurisdiction over the person a. The power of the court to making a ruling that is binding on the defendant because the defendant is properly before the court 2. In Rem Jurisdiction- The court has the power to make a ruling that is binding on a defendant because the ruling is regarding property within the court’s boundries in which the defendant has an ownership or possessory interest 3. Subject Matter Jurisdication- The types of cases the court has the power to hear a. Generally established by constitutional authority or by statute b. Limitations on what types of cases courts can hear disputes on c. The ability of a court to hear certain cases D. ACTS THAT SERVE AS A BASIS FOR COURT IN PERSONAM JURISDICTION 1. A defendant resides in the geographic area where the court is Located (County or State) 2. Transacting business or entering into a contract in the Geographic area where the court is located 3. Tortious act committed in the location of the court’s jurisdication 4. Tortious act outside of geographic area causing harm in the location of the court’s jurisdiction 5. Corporations incorporated in or doing business in area 6. Own property in the area-In Rem 7. Matrimonial domicile 8. Parties can agree in contract to jurisdiction E. LONG ARM STATUTES 1. A court asserting in personam jurisdication over an out-of-state Resident-defendant must have a sufficient connection to the State attempting to assert jurisdiction 2. The defendant must have sufficient or minimum contacts with the state/area before a court can assert in personam jurisdiction 3. Is it fair to require an out-of-state resident to answer in a court’s location/area where the defendant is not a resident SEE ACTS ABOVE THAT SERVE AS A BASIS OF JURISDICTION (D) F. SUBJECT MATTER JURISDICTION 1. General vs. Limited Jurisdiction a. General- Court can hear cases with a broad array of issues State Trial Courts Federal District Courts b. Limited- Court can only hear certain types of cases depending on the subject of the lawsuit/amount/crime (F/M) c. Courts of Limited Jurisdiction 1. Probate (State) 2. Family Law (State) 3. Small Claims ($) 4. Bankruptcy (Federal) 2. Original vs. Appellate Jurisdiction a. Original- Case is being heard for the first time Lawsuit begins in court with original jurisdiction Trial court/Evidence presented b. Appellate- Review court Cases are on appeal from trial courts Focuses on questions of law not fact 3. Exclusive vs. Concurrent Jurisdiction a. Exclusive- When only the State or Federal court has jurisdiction b. Concurrent- When both Federal and State courts have jurisdiction 1. Party has a choice to bring suit in Federal or State court 2. State’s substantive law applied in Federal court 3. Diversity of Citizenship/Amount in Controversy $75,000 G. FEDERAL AND STATE COURT JURISDICTION 1. Federal Court Jurisdiction a. Jurisdiction limited by the US Constitution b. Federal questions (Federal Statutes, Treaties, Constitution) c. District Courts, Circuit Courts (13), Supreme Court d. Writ of Certiorari-Rule of 4-order to send case to USSC 2. State Court Jurisdiction a. State Statutes, Civil Disputes, Criminal prosecutions b. Trial Courts/Appellate Courts/Supreme Court