Introduction to Anglo American Legal Systems PDF

Introduction to Anglo American Legal Systems First Lecture: A) History of Common and Civil law: § Role of Judges (Common law): 1. Training and recruitment of judges: - Must be an attorney or Barrister + many years of experience & reputation - Appointed by g...

Introduction to Anglo American Legal Systems First Lecture: A) History of Common and Civil law: § Role of Judges (Common law): 1. Training and recruitment of judges: - Must be an attorney or Barrister + many years of experience & reputation - Appointed by government or elected by people - Must be practical in their approaches à shouldn’t be a diLerence in approaching a matter, then from when they were attorneys 2. Method of arriving at decisions: - Search for previous decisions in similar cases - When the law is clear, the judge follows the wording of the law - In case of doubts or ambiguities in the law, judges may rely on previous decisions - Must give eLect to the rule - Common law has juries to decide 3. Personalization of judgements: - Judges are identified by their opinions, and they can agree/disagree with others à each judge can express their own views - A great jurist’s personality is reflected in their decisions, making an important contribution to the laws development 4. Manner of writing legal opinions - Very organized à gathering of all the facts that led to the dispute à furnishes base of legal argument - Examine previous cases (similarities?) à lawyers use cases as citations - Decide which precedence is applicable + make new decision 5. Attitude of Judge on its discretion - InsuLicient written law: judge then will make a finding and decision - When there’s written law that isn’t to the judges liking they have to try to restrict the scope of its applicability § Role of Judges (Civil law): 1. Training and recruitment of judges: - Bigger diLerence between judicial function + being an attorney - Attorney and judge have same education à then decide what career you want à training will ensue à from law study straight to being a judge (more theoretical approach) 2. Method of arriving at decisions: - Search legislation for controlling principles & rules which govern the subject à Rule is applied/interpreted to specific facts (from rule à case) - Given discretion - Juries: nonexistent or rare à decisions made by judges  Introduction to Anglo American Legal Systems 3. Personalization of judgements: - Bench always remains anonymous 4. Manner if writing legal opinions: - Decisions are much shorter - Outline of relevant facts - Statement of applicable law or principle and rule of law à conclusion results after application of the law to the facts 5. Attitude of Judge on their discretion: - Judge can’t refuse to adjudicate in fear that he won’t administer justice - There have been formulas which they can use to guide them and instruct them § Nature of investigation: Inquisitorial System vs. Adversarial System Civil System Common law System Inquisitorial System: Judge decides Adversarial basis: both sides argue by applying the relevant civil code their cases: claimant vs. defendant à enables them to inquire and à judge acts as referee ascertain what the relevant facts in Lawyers question witnesses and that case are à they don’t have a demand evidence + present cases strong hand in shaping the law based on evidence gathered Judges ask for evidence, ask questions and demand evidence à lawyers present arguments based on evidence the court found Second Lecture: § Rule of law in the UK: - Legal certainty: all laws must be applied in a precise and predictable manner à when legislation is passed to convey a particular purpose, the purpose is carried out within the law - Equality: every similar case should be treated the same à citizens have the right to be protected from unjust discrimination from the state (cant say that one person is worth more than the other) regardless of rank, ethnic/sexual/religious views - Fairness: laws/procedures must be available to everybody, written laws must ensure clarity and prevent discrimination & enforcement, laws must be understandable, legislation shouldn’t be too ambiguous - Retrospective legislation: laws shouldn’t apply to actions committed before the law was enacted - in some cases, laws are passed with retrospective eLect, allowing actions to be punished before laws were in place à e.g. war crimes act 1991, taxation laws  Introduction to Anglo American Legal Systems - Due process: person can only be punished/imprisoned if there is substantial and suLicient evidence of their guilt - focus of due process is ensuring individuals receive a fair trial, rather than just proving guilt - Protection of Liberty: If someone's liberty is taken without evidence of guilt, they may be entitled to damages for the wrongful loss of their personal freedom § Advantages of the rule of law: - Ensures & encourages judicial independence - Upholds the values of the constitution - Limits the governments power and prevents arbitrariness - Promotes transparency and equality in legislative actions of the government - Protects people from inequality & discrimination, protects their legal rights (constitutional, civil) A) US and UK legal system: 1) USA: - Legal system has several layers à reason: division between federal and state law - Constitution fixed boundaries between fed. And state law à divided federal power among legislative, executive, judicial branches (separation of powers – “checks and balances") - Legislative: Congress has power to pass legislation, federal laws are known as statutes - Executive: Art. 2: President has executive powers - Judicial: Judiciary only has powers that Constitution delegates; Constitution extended federal jurisdiction to certain types of disputes - Important case: Marbury v. Madison: Supreme Court interpreted its powers to include the authority to determine whether a statute violated the Constitution and if, to declare the law invalid 2) Stare Decisis: lecture 1 Folie 21,22 § Stare decisis and precedent can be seen as horizontal and vertical: horizontal vertical Any court that makes a ruling, creates an Lower courts follow precedents given in obligation for that court and those on the higher courtsà Supreme court = highest same level to abide by that ruling à court à any decision it makes will set doesn’t apply to courts outside of the or. precedence for inferior federal circuit court’s jurisdiction and district court § Stare decisis examples: Miranda v. Arizona, Gideon v. Wainwright, Brown v. Board of education, …  Introduction to Anglo American Legal Systems Third Lecture: A) US Court System: § Trial court: - Initial court a case moves through based on jurisdiction - Oversee two types of legal actions: ® civil actions: trials brought on by one party (plaintiL) suing another (defendant) à plaintiL initiates a complaint with court à complaint is delivered to defendant à defendant has time to respond, or case is forfeited to plaintiLs benefit (plaintiL and defendant exchange facts about the case (=discovery) à trial is presented to judge à judge/jury make decisions based on facts (parties can file an appeal) ® criminal actions: trials where a person is either innocent or guilty à arrest is made à arrested party makes initial appearance where the party learns the charge à a hearing is set + judge listens to testimonies from witnesses à arraignment is held (arrested enters a plea of guilty or not guilty) à Arrested person stands trial before judge and jury à state and defendant present evidence à judgement is made (parties can file an appeal with a higher court to review evidence) § Appellate Court: - Reviews evidence and outcomes of lower court cases when one party wasn’t satisfied with the decision - Judges’ ruling: aLirm or agree with lower court; rescind or go against lower court judgement; remand or remove the case back to original court for a new trial/other action - Decision is based on 2/3 majority à if either party is still not satisfied à Supreme court § Supreme Court - Highest court à deals with matters of state/national importance or appeals from appellate courts (only if there was an interpretation issue of the law or constitutional rights)à last step in appeals process - Cases work similarly to appeals court with a few diLerences: request/writ of certiorari is presented, panel of justices takes a vote if the case will be heard, documents are reviewed, both parties present arguments, justices vote on their positions à decision is presented - Judged are called justices à there are 9 à head of S.C. = chief justice - All federal justices are nominated to their position by the president (nomination must be confirmed by Senate) à S.C. justices receive lifetime appointments (lose position only when they retire, die or are removed via “impeachment process” - S.C. Cases: appealed cases from federal appellate courts, dealing with constitutionality of federal or state laws, between states, involving constitutionality of actions taken by executive branch (government) - Original jurisdiction: case begins at supreme court à weren’t previously heard by lower courts à cases: involving disputes between states or US and a US state, involving public oLicials, involving legal proceeding by a state levied against citizens of other states - Appellate Jurisdiction: cases originally heard by a lower court à S.C. has final say - There are only two ways to overturn a S.C. ruling: subsequent S.C. ruling or constitutional amendment - Important Cases: Marbury v. Madison, Schenck v. US, Brown v. Board, Roe v. Wade, Bush v. Gore  Introduction to Anglo American Legal Systems Fourth Lecture: A) What is a Jury: § Def.: sworn body of people convened to hear evidence and render an impartial verdict oLicially submitted to them by court, or to set a penalty or judgement B) Voir dire: § Process of examining potential jurors to determine whether they are fit to serve for a particular trial § Goal for trial lawyers of voire dire: to ensure that no jury members are harboring any biases that could jeopardize the case’s outcome § Without voire dire: risk of starting from behind with the jury when trial begins § Structure: (1) Potential jurors are randomly selected from a pool of people who show up for jury duty à driver’s license/ID and voter registration records (2) Judge asks standard questions to ensure that everyone can serve on a jury à they are US citizens, don’t have any hardships that prevent them from sitting through atrial (3) After those who are deemed incapable are excused, attorneys deliver a mini opening: 3-5 minutes explaining the case (4) After, both attorneys ask questions of the remaining potential jurors to determine bias (5) During questioning: attorneys can request potential jurors to be removed, with cause of potential bias à presiding judge holding the power can deny requests Lecture 4 Folie 8 C) Types of Juries – USA: § Petit juries/trial juries: decide criminal and civil cases - Criminal case: decides whether the Government has proved the defendant’s guilt beyond reasonable doubt - Civil case: decides whether plaintiL establishes with evidence, on a balance will tip in their favor à much lower standard of proof, since no party’s freedom is at risk in a civil matter § Grand jury: focuses on preliminary criminal matters - Assesses evidence presented by a prosecutor to determine whether there’s “probable cause” to believe an individual committed a crime and should be put on trial - If they determine there’s enough evidence à indictment (formal charge) will be issued against felon Trial Juries Grand Juries Consist of 6-12 jurors Consist of 16-23 jurors Trials: generally public, jury deliberations are Proceedings are private private Render a verdict: guilty/not guilty in criminal Jurors serve up to 18 months, can serve for cases or in favor of defendant/plaintiL in up to 24, if an extension is granted by a judge civil cases Jurors hear max. of 1 case à discharged Jurors consider multiple cases over course of their term of service  Introduction to Anglo American Legal Systems § What is prejudice? - = injury or detriment to one’s legal rights or claims - In civil law, if a case is dismissed "with prejudice," it can't be brought back to court ßà If dismissed "without prejudice," the case can be refiled - In evidence law, a judge might exclude evidence if it could unfairly influence the jury § Exemptions: - Members of the armed forces and national guard when on active duty - Members of non-federal professional (as opposed to volunteer) fire and police departments - “Public oLicers” of federal, state, or local governments – persons either elected to public oLice or appointed by someone elected to public oLice – who are actively engaged full-time in the performance of public duties Fifth Lecture A) Contract Law: § What is a Contract? - 2 Party agreement, either given verbally or written + provides a product/service to an individual/business - Consideration between the parties must be exchanged for contract to be lawful & enforceable § What is the purpose of a contract? - To protect the parties, if either one doesn’t fulfill its promise - If contract is broken, it can be turned over to a court for enforcement - Contract law creates and implements the agreements of a contact and will seek out a remedy if a violation does occur § Terms to make a contract legal: - An oLer = specifics of the services or goods to be provided - Acceptance = agreement of the oLer by both parties - Consideration = sth. of value: money, property, services that will be traded between the parties - SuLicient mental capacity - Intent = act of agreeing by both parties, to carrying out the oLer outlined in the contract - Object of the contract = terms & conditions outlined in the oLer à legally enforceable in court of law ® Essentialia: essential terms for classification of a contract, as belonging to a type of contract  Introduction to Anglo American Legal Systems § Types of contracts: Express Contract Implied In-Fact contract Quasi Contract Clearly stated terms and No explicit terms, but facts Legal obligation to an conditions agreed upon by imply an agreement unjustly enriched party to both parties compensate the other Common in business law Example: Ordering food at a Applies when there is no (e.g., leases, car purchases, restaurant, where it's implied contract or when there’s a home purchases) the food will be prepared total breach of contract properly and paid for Specifies contract length, Mutual understanding and Aimed at preventing unjust amounts, and consequences payment for services are key enrichment of breach Breach occurs when one party fails to meet agreed terms § Mailbox rule: - An oLer is accepted when the oLeree sends acceptance via mail, courier, fax, or email (not face-to-face) - Applies only to these communication methods, not face-to-face oLers (covered by UCC) - Does not apply to revocations and counteroLers - Once the oLer is mailed, it is binding unless: o Revocation or withdrawal is received before acceptance o OLer is rejected or counteroLered o Time expires on the oLer o OLer is accepted - Rarely can the oLeror withdraw once the oLer is mailed. - Exception: If a rejection is sent first, but the oLeree changes their mind and sends an acceptance, the rejection takes eLect first, turning the acceptance into a counteroLer § Elements of an OLer: - OLeror: The party making the oLer - OLeree: The party receiving the oLer - Expression: The clear communication of the oLer, usually in writing - Intention: Both parties must intend to enter into a binding agreement § Material Breach of Contract - A material breach can end a contract - Occurs when one party's actions cause illegal harm to the other party's property rights - Example: A company fails to deliver a product after a consumer has paid for it  Introduction to Anglo American Legal Systems à Examples of Material Breaches: - Delivering diLerent goods than agreed - Failing to deliver goods or services - Refusing to pay wages as expected - Withholding critical information about the contract or product § Partial Breach of Contract - A partial breach occurs when one part of the contract is broken, but not all parts - Example: A construction company only builds part of a structure à Examples of Partial Breaches - Failing to meet expectations - Not delivering goods or services as agreed § Total Breach of Contract - A total breach is so serious that the non-breaching party cannot recover without full performance from the breaching party - Example: A contractor hired to do a job never completes it § Types of Total Breaches: - Non-performance: Failure to perform duties (e.g., delivering wrong goods) - Failure to perform: Not fulfilling obligations (e.g., due to death or lack of funds) - Late delivery: Failing to deliver goods/services on time - Non-payment: Not paying bills or fulfilling payment obligations. § Breach Types: - Breach of condition: When a party does not comply with agreed obligations - Repudiatory breach: A party breaks the contract without explanation, causing confusion § Remedies for Breaches (1) Compensatory Damages: - Most common remedy - Compensates for losses caused by the breach, putting the non-breaching party in the position they would have been if the contract was fulfilled (2) Liquidated Damages: - Pre-agreed damages specified in the contract in case of breach - Can be a fixed amount or calculated based on a formula (3) Rescission: - Allows the non-breaching party to cancel the contract and return to their original position, usually for material breaches (4) Specific Performance: - Court order forcing the breaching party to fulfill their contractual obligations, typically when monetary damages are insuLicient, and the subject of the contract is unique  Introduction to Anglo American Legal Systems (5) Injunction: - Court order requiring the breaching party to do or stop doing something, often used when the breach causes irreparable harm Sixth Lecture - Criminal Law A) Crime = action (or failure to take action) that violates existing laws that may be prosecuted by the local, state or federal government B) Criminal law: § Stare Decisis: Doctrine of judicial precedent where past decisions guide rulings in similar future cases § Precedent: A prior ruling from the same or a higher court that judges must follow in future cases § Example: - Emily, a defense attorney, finds a 1999 precedent from the Atlanta Court of Appeals suggesting voluntary manslaughter instead of first-degree murder - Jessica, a prosecutor, cites a 2008 precedent from the Atlanta Supreme Court supporting a first- degree murder charge - The trial court will likely follow Jessica’s precedent because it is newer, comes from a higher court, and is within the same court system C) Purpose of criminal law: § Protect society § Prevent undesirable behavior D) English common law – divided into two categories: § Felonies = a crime punishable by a term of imprisonment of one year or more - First degree: aggravated robbery/assault on a public servant - Second degree: attempted murder, manslaughter, sex traLicking, sexual assault, … - Third degree: Certain crimes against children & minors, misconduct with weapons, joyride § Misdemeanors = oLenses punishable only by fines or short terms of imprisonment in local jails (e.g. DUIs, assaults, drug possessions, theft oLenses) E) Two elements of a crime: (1) Mens Rea: - General intent: “evil mind”, the mental element of a crime à important to establish crime and the severity à elements of a crime involve a malicious intent (2) Actus Reus: - Voluntary Act: “evil act”, physical element of a crime F) Categories of Intent: § General Intent: Intended the act, but not the result à Example: A person punches someone intending just to hit, but not to injure them  Introduction to Anglo American Legal Systems § Specific Intent = Intended both the act and the result à Example: In attempted murder, the person specifically intends to kill § Constructive Intend: Result was not intended nut act was very likely to cause the result à treated as specific intent § Negligence & Recklessness: Lecture 6 slide 14,15 - Negligence: Failure to recognize a risk that a reasonable person would à Example: Running a red light without realizing the danger to others - Recklessness: Aware of the risk but consciously disregards it à Example: Speeding in a crowded area, aware of the potential harm G) Actus Reus (Physical Act Requirement): § Voluntary Act: - Criminal liability requires a voluntary act (not reflexive or automatic) § Constructive Intent: - Act may be treated as intentional if the result was foreseeable - Example: Setting a fire that could lead to injury or death, even without intending harm § Omissions (Failure to Act): - People v. Beardsley: A man failed to help his lover who ingested poison and died. No legal duty to intervene in this case - Kitty Genovese Case: Neighbors heard a woman’s cries but didn’t help. No prosecution for failure to act unless there’s a legal duty à Legal duty to act arises only in certain circumstances, such as a parent-child relationship or when causing harm. Not every moral obligation to help is legally required H) Causation: § To hold the defendant liable, the prosecution must prove that the defendant’s actions caused the harm § Causation is divided into two categories: - Factual Causation: Establishing that the defendant’s conduct directly caused the harm - Legal Causation: Determining whether it is just to hold the defendant legally responsible for the harm § Example 1: John and Mark (Assault Case) - John assaults Mark by hitting him on the head with a baseball bat, causing a severe injury - Mark survives long enough to call for help, and an ambulance arrives - The ambulance, due to negligent driving, crashes and further injures Mark - Mark dies from the compounded injuries in the hospital  Introduction to Anglo American Legal Systems Question: Can John be held liable for Mark’s death? - Answer: Yes, John can be held liable à Factual Causation: John’s assault caused the initial injury to Mark à Legal Causation: Despite the ambulance driver’s negligence, John's original assault is still a proximate cause of Mark’s death § Example 2: Emily and the Contaminated Water (Negligence and Medication Error) - An industrial factory illegally dumps toxic waste into a river, contaminating the water supply downstream - Emily drinks the contaminated water and develops a serious illness - Emily’s doctor prescribes medication to treat her illness, but due to a manufacturing defect, the medication causes severe adverse eLects, leading to Emily’s death Question: Who can be held liable for Emily’s death? - Answer: Multiple parties may be held liable: à Factory: For illegally dumping toxic waste, leading to water contamination and Emily’s illness à Medication Manufacturer: For the manufacturing error that caused Emily’s death after taking the prescribed medication I) First degree murder – elements: (1) That on or about (date), the defendant acted with intend to cause the death of _____ (2) That the intent to cause the death was premeditated (thought over beforehand à law requires some time, where a design to kill is deliberately formed” (3) That (name of deceased) died as a result of the defendant’s acts - IndiLerence: defendant’s actions are extremely dangerous + high risk of death of others à acts with a wanton indiLerence to human life or a depraved mindset ßà DiLerence from Intentional murder: crime doesn’t arise from specific intent, but from disregarding the risks of causing harm/death à shows recklessness rather than intent J) Second degree murder – elements: (1) That on or about (date), the defendant acted with intend to cause the death of _____ (2) That (name of deceased) died as a result of the defendant’s acts - Act with intent: acting with the objective or purpose to accomplish a result that constitutes a crime - Intend a consequence: they foresee that it will happen if the given series of acts or omissions continue and desires it to happen K) First degree manslaughter – elements: (1) That on or about (date), the defendant engaged in reckless conduct (2) That (name of deceased) died as a result of the defendant’s reckless act - Recklessness: Ignoring a substantial risk of death, deviating grossly from reasonable conduct à subjective component: what defendant knew à objective component: how a reasonable person would act  Introduction to Anglo American Legal Systems L) Second degree manslaughter – elements: (1) That on or about (date), the defendant engaged in conduct of criminal negligence (2) That (name of deceased) died as a result of the defendant’s negligent acts - Criminal negligence: if they fail to recognize a substantial risk of death a + failure is a gross deviation from what a reasonable person would do in the same situation Seventh Lesson – Alternative Dispute Resolution (ADR): § ADR: diLerent methods of resolving disputes outside the judicial process § Federal Arbitration Act (FAA) = federal statute that requires parties to participate in arbitration when they have agreed by contract to do so, even in state/court matters - Protects integrity of arbitration agreements by deeming them valid, irrevocable, enforceable - Result of this law: courts don’t have authority to set aside arbitration awards id arbitration agreement is valid 1. Negotiation: § Method of ADR in which parties retain power to resolve their dispute + no outside party is vested with decision-making power § Requires parties to define the conflict and agree to an outcome § Benefits: potential for a speedy resolution, inexpensive nature of participation, parties participate voluntarily § Drawbacks: no set rules, either party may bargain badly or even unethically, each party can walk away à no guaranteed resolution Equal and unequal bargaining power (lecture 7 slide10,11) 2. Mediation: § Parties work together to form a mutually acceptable agreement to resolve their dispute + help of neutral third party à third party doesn’t decide the dispute à when parties end mediation, they pursue another form of ADR: arbitration/litigate their claims in court § Confidential: avoids public nature of litigation – discussions aren’t allowed as evidence if the parties are in a legal dispute § When communication isn’t privileged: (1) Agreement evidenced by a record signed by all parties to the agreement (2) Communication that is required to be or is open to public (3) Threats or statements of a plan to inflict bodily injury (4) Communication that is intentionally used to plan a crime, commit a crime, conceal an ongoing crime or ongoing criminal activity (5) Communications to prove/disprove a claim/complaint filed against mediator (6) Communications related to professional misconduct or malpractice claims against a party or representative involved in mediation (7) Communications intended to prove/disprove child abuse/neglect  Introduction to Anglo American Legal Systems § Mediation process = faster than litigation + costs are less § Neutral mediator is needed à act as a go between for the parties à try to facilitate the agreement - Don’t provide advice - Might not have any expertise on the disputes à Value: training and experience in solving disputes and finding resolutions 3. Arbitration: § neutral third-party (arbitrator) hears the case and issues a decision called an arbitration award § Arbitrators are experts (attorneys, business professionals, or retired judges) in the field of the dispute + act like judges in a trial + are neutral § Arbitrators’ roles: - Decide which evidence is allowed - Hear the parties' cases - Issue a final decision (arbitration award) § Mandatory arbitration: - Occurs when required by contract or law - Limited appeal rights: Courts rarely review arbitration awards unless there is misconduct, refusal to hear evidence, excess of power, or fraud § Binding arbitration: - arbitration award is final and cannot be appealed on the merits - The award can be converted to a judgment by a court (= confirmation) - Courts review arbitration awards, but their review is limited + doubts are resolved in favor of validity of the award - Courts can review or set aside an arbitration award only in limited circumstances: (1) Misconduct by the arbitrator (2) Arbitrator refused to hear material evidence (3) Arbitrator exceeded their powers (4) Fraud occurred à Courts do not review the merits of the award