Legal Frameworks Study Guide PDF

Chapter 3: Personal and Subject Matter Jurisdiction Federal vs. State Court State Court: Handles broad categories of cases, including family law, criminal cases, property disputes, and torts. 1. Inferior trial courts → trial courts → intermediate trial courts → state s...

Chapter 3: Personal and Subject Matter Jurisdiction Federal vs. State Court State Court: Handles broad categories of cases, including family law, criminal cases, property disputes, and torts. 1. Inferior trial courts → trial courts → intermediate trial courts → state supreme court Federal Court: Has limited jurisdiction and only hears cases involving: 1. Federal Question Jurisdiction: The case involves a federal law, the U.S. Constitution, or treaties. 2. Diversity Jurisdiction: Complete diversity: The plaintiff and defendant are from different states. Amount in controversy: Must exceed $75,000. Good faith test for determining if amount exceeds $75,000 Example: A California resident sues a New York corporation in federal court for $100,000, meeting diversity jurisdiction requirements. U.S. District Court/Tax/Bankruptcy Court → U.S. Court of Appeals → SCOTUS Supreme Court 1. Two ways for a case to reach SCOTUS Appeal by right: Cases the Court must hear should a party request a review Writ of certiorari: Requires a lower court to produce the records of a case it has tried (almost always happens via this method) Special courts 1. Tax, bankruptcy, marriage, etc. Diversity Jurisdiction: Hertz Corp. v. Friend (2010) Facts: In this case, two employees of Hertz sued the company in California state court, alleging violations of California’s wage and hour laws. Hertz sought to move the case to federal court under diversity jurisdiction. The key issue was whether Hertz was domiciled in California or in a different state, as federal diversity jurisdiction requires the parties to be domiciled in different states. Issue: What constitutes a corporation's "principal place of business" for purposes of diversity jurisdiction? Ruling:  The U.S. Supreme Court ruled that a corporation's principal place of business refers to its "nerve center", typically where its corporate officers direct, control, and coordinate the company’s activities. This is usually the corporate headquarters. In Hertz’s case, the Supreme Court found that its "nerve center" was in New Jersey, not California. Takeaway: A corporation’s "principal place of business" is critical in determining domicile for diversity jurisdiction. It is generally where the corporation's executive decisions are made (the "nerve center"), rather than where the bulk of its business activities occur. Domicile and Diversity Jurisdiction: For individuals, domicile refers to their permanent home and where they intend to remain. Jurisdiction: Power of a court to make a ruling on a case For corporations, domicile is determined by: 1. State of incorporation, and 2. Principal place of business (as clarified in Hertz). NY Court Facts In total, the U.S. has 94 circuit courts ○ NY has 4 judicial districts (North, South, West, and East) If the 3rd District Court of appeals makes a decision, it does not apply to District 2 because they are in different jurisdictions The Southern District of NY does not need to follow District 3, but must follow District 2 (vertical) On the federal level, there are 12 circuit courts in total which sit right below the Supreme Court ○ New York is part of the second circuit Subject Matter Jurisdiction For a court to hear a dispute, it must have jurisdiction over the matters that are in dispute Exclusive vs. Concurrent Jurisdiction: Exclusive: Matters that can only be settled by a federal court Concurrent: State or federal courts can resolve a dispute Personal Jurisdiction A court must have the authority over the parties involved in a case, which depends on sufficient minimum contacts with the forum state.  The sufficient minimum contacts test ensures that requiring a defendant to appear in a court in a particular state is fair and just, based on the defendant's purposeful activities within that state. Specific vs. General Jurisdiction Specific Jurisdiction: Arises when a defendant's forum-related activities are directly connected to the cause of action. General Jurisdiction: Exists when a defendant has continuous and systematic contacts with the forum state, allowing the court to hear any case involving that defendant. World-Wide Volkswagen Corp. v. Woodson (1980) Facts: The Robinson family bought a car from a New York dealer and got into an accident in Oklahoma. They sued the dealer and distributor in Oklahoma. Ruling: The U.S. Supreme Court ruled that Oklahoma lacked personal jurisdiction over the defendants because they had no sufficient minimum contacts with the state. Takeaway: A defendant must have purposefully directed activities toward the forum state to be subject to jurisdiction there. Appellate Courts Role of Appellate Courts: These courts review decisions made by trial courts to ensure the law was correctly applied and proper procedures were followed. Can affirm or reverse prior court’s decision. Federal Appeals Process: ○ A case can be appealed from a federal district court (trial court) to a U.S. Court of Appeals (also known as a Circuit Court). ○ In rare cases, the decision can be further appealed to the U.S. Supreme Court, but the Supreme Court has discretionary jurisdiction and hears only select cases, often those involving significant federal issues or constitutional questions. State Appeals Process: ○ State cases can be appealed from a state trial court to a state appellate court. ○ Some cases may also be appealed to the state's highest court (often called a Supreme Court). ○ In certain cases involving federal questions, state court decisions can be appealed to the U.S. Supreme Court. SCOTUS’ Stare Decisis ○ Its own decisions do not bind SCOTUS, lower courts not bound by their own ○ Decision of SCOTUS on federal question is binding to all courts ○ On a federal question, although another federal court’s decision may be persuasive, it is not binding ○ The decision of a state court may be persuasive in federal courts but it is not binding unless it’s a DoC case; in which case, federal court must apply ruling of the highest ruling state court  ○ Decisions of the federal courts (excluding SCOTUS) are not binding to other federal courts of equal or inferior rank unless the latter owe obedience to the deciding court (vertically) ○ The decision of a state court is binding upon all courts inferior to it in its jurisdiction ○ A decision of a state court in one state is not binding on courts in other states except in cases in which the latter courts are required to apply the law of the former state given by the highest court in that state Chapter 7: Torts Torts Overview Definition: A tort is a civil wrong that causes harm or loss to an individual, distinct from a breach of contract. Intent: Does not require a hostile or evil motive, but requires knowledge an action is likely to cause given consequences Types of Torts: 1. Intentional Torts: ○ Involve deliberate actions to harm another person. ○ Examples: Assault: The threat of imminent harm. Battery: Intentional infliction of harm/offensive physical contact. 1. Puts the other person at risk of harm 2. Typically precedes battery, but if physical contact does not result then assault remains False Imprisonment: Unlawfully restricting someone's movement and causing harm. 1. If there is a reasonable alternative exit then this is not false imprisonment Infliction of emotional distress: Via extreme or outrageous conduct causing intentionally or recklessly causing someone emotional distress 1. Reckless: Disregard for consequences of an action Trespass: Entering someone’s property without permission. Defamation: Harm to someone's reputation through false statements.4 main elements: 1. False and defamatory statement 2. Publication to a third party 3. Depending on the defendant’s status, negligence on her part in knowing or failing to ascertain the falsity of the statement 4. In special cases, proof of special harm caused by the publication  5. Written = libel, vocal = slander 6. 3 defenses against defamation include absolute, conditional, and constitutional Invasion of right to privacy consists of four different torts below: 1. Appropriation: Unauthorized use of the plaintiff’s name or likeness for the defendant’s benefit 2. Intrusion: Unreasonable and highly offensive interference with the solitude or seclusion of another person 3. Public disclosure of private facts: If disclosure is highly offensive and objectionable to the reasonable person 4. False light: If the defendant knew or acted recklessly in disregard by portraying the person in a false light Disparagement: Publishing a false statement that results in harm to another’s interests which have pecuniary value, knowing of statement’s falsity or recklessly publishing it 2. Negligence: ○ Involves harm caused by carelessness, rather than intentional actions. 3. Strict Liability: ○ Holds defendants liable for harm regardless of fault, often in cases of inherently dangerous activities. Damages in Tort Law: Compensatory Damages: Intended to compensate the victim for actual harm, including medical expenses, lost wages, and emotional distress. Punitive Damages: Awarded to punish the defendant for particularly reckless or malicious conduct and deter future wrongdoing. Chapter 8: Negligence and Strict Liability Negligence Elements of Negligence: ○ Duty of Care: The defendant owed a duty to the plaintiff to act as a reasonable person would in similar circumstances. Foreseeable probability the action will result in harm Foreseeable gravity of harm that may occur Burden of taking precautions to eliminate the harm ○ Breach of Duty: The defendant failed to meet the applicable standard of care. Reasonable standard of care (breach of duty) 1. Children Standard: A child is held to the standard of care of a reasonably careful child of the same age, intelligence, and experience. Exception: When engaging in adult or inherently dangerous activities (e.g., driving), children are held to the adult standard of care. 2. Physically Disabled Individuals Standard: A person with a physical disability is held to the standard of a reasonably prudent person with the same disability. Their conduct is judged in light of their limitations. 3. Mentally Disabled Individuals Standard: Mental disabilities typically do not alter the standard of care; they are held to the same standard as an average reasonable person. This rule is based on public policy to avoid confusion and to protect third parties. 4. Standard for Emergencies Standard: In an emergency, a defendant’s actions are judged based on how a reasonable person would act under similar emergency conditions. However, the emergency must not be caused by the defendant's own negligence. 5. Violation of Statute (Negligence Per Se) Standard: If a statute is violated, the defendant may be automatically considered negligent (negligence per se) if: ○ The statute was intended to protect against the type of harm that occurred. ○ The plaintiff is within the class of persons the statute was designed to protect. In negligence per se, the violation substitutes for the "breach Causation: There must be a direct connection between the breach of duty and the plaintiff's injury. Actual Cause: "But for" the defendant’s conduct, the injury would not have occurred. Proximate Cause: The injury must be a foreseeable result of the breach. Damages: The plaintiff must have suffered actual harm or injury. Duties of possessors of land 1. Trespassers Definition: A trespasser is someone who enters the land without permission or legal right. Duty Owed: General Rule: Landowners owe no duty to make the property safe for trespassers. However, they cannot intentionally harm trespassers (no willful or wanton misconduct). For example, setting traps or deliberately injuring a trespasser would result in liability. Exceptions: Discovered Trespassers: Once a landowner becomes aware of a trespasser’s presence, they owe a duty to warn the trespasser of hidden dangers or hazards that the trespasser would not likely discover on their own. Frequent Trespassers: If landowners know that people frequently trespass in a particular area, they may owe a duty to exercise reasonable care, like placing warning signs or eliminating hazards. Attractive Nuisance Doctrine (for child trespassers): ○ This rule applies when landowners have an artificial condition on their property that could attract children (e.g., swimming pools, abandoned equipment). ○ Landowners must take reasonable steps to protect children from harm if: 1. The landowner knows or should know children are likely to trespass. 2. The condition poses an unreasonable risk of harm. 3. Children, because of their youth, do not recognize the danger. 4. The cost of eliminating the risk is minor compared to the potential harm. 5. The landowner fails to take reasonable steps to eliminate the risk. 2. Licensees Definition: A licensee is someone who enters the land for their own purpose but with the landowner's express or implied permission (e.g., social guests, neighbors stopping by). Duty Owed: Landowners owe licensees a duty to: 1. Warn of known dangers: The landowner must warn licensees of any hidden dangers that the owner knows about and that the licensee is unlikely to discover. 2. Avoid intentional harm: The landowner must not engage in willful or wanton misconduct toward licensees.  No duty to inspect for unknown dangers: Unlike with invitees, landowners are not required to inspect their property for potential hazards when it comes to licensees. Example: If a homeowner knows that there is a weak floorboard on their deck and invites a friend over, the homeowner must warn the friend (licensee) about the potential danger. 3. Invitees Definition: An invitee is someone who enters the land either for a business purpose or for the mutual benefit of both the landowner and the visitor (e.g., customers in a store, service providers, employees). Duty Owed: Invitees are owed the highest duty of care by landowners. This includes: 1. Duty to inspect: Landowners must take reasonable steps to inspect the property and correct or warn invitees of both known dangers and dangers that they should have known about through reasonable inspection. 2. Duty to make premises safe: The landowner has a duty to maintain the premises in a reasonably safe condition for invitees. Example: A grocery store owner must regularly inspect the aisles for spills and take immediate steps to clean up or warn customers about the slippery surface. If the owner fails to do so and a customer slips and falls, the owner may be liable for negligence. Res ipsa loquitur (Latin for "the thing speaks for itself") is a legal doctrine used in negligence cases when the cause of an accident is not directly known but the circumstances imply that negligence likely occurred. It allows a plaintiff to establish negligence based on the nature of the incident, without needing direct evidence of the defendant's negligence.(surgical instrument) Defenses to Negligence: ○ Contributory Negligence: If the plaintiff is partially responsible for their injury, they may be barred from recovery (in some jurisdictions). Last clear chance ○ Comparative Negligence: The plaintiff’s recovery is reduced by their percentage of fault. ○ Assumption of Risk: The plaintiff knowingly and voluntarily assumed a risk, which can bar or reduce recovery. Abnormally dangerous activities are activities that carry a high risk of serious harm to people or property, even when all reasonable safety precautions are taken. Because  these activities are inherently risky, those who engage in them are held strictly liable for any harm that results, meaning they are liable regardless of fault or negligence. Key Factors: 1. High Risk: The activity creates a significant risk of serious harm. 2. Cannot Be Eliminated: The risk cannot be eliminated even with reasonable care. 3. Uncommon in the Area: The activity is not commonly performed in the area where the harm occurred. Animals: Strict liability for harm caused by animals, except dogs or cats Strict Liability: Application: In certain cases, defendants are held liable regardless of their intent or negligence. ○ Examples: Abnormally Dangerous Activities: Activities like blasting or handling toxic chemicals, where even the utmost care doesn’t eliminate the inherent risk. Product Liability: Manufacturers and sellers are strictly liable if a product defect causes harm to a consumer. If you have not created the risk of harm (varies by state law), there is no affirmative duty to rescue unless: a) A special relationship exists between parties (parent, guardian, etc.) b) If the conduct, whether tortious or innocent, has placed someone within the zone of danger i) Must be reasonable, quick action to resolve the situation c) When someone voluntarily assumes the risk to act i) Reasonably carry out an action (don't leave a drunk person halfway up the stairs bc they might fall) ii) Good samaritan statutes shield you from liability for ordinary negligence but not gross negligence (1) If done in good faith, you are protected from liability (Heimlich) provided the situation is among reasonable outcome (a) Broken ribs may be protected, but if a broken neck results may not be. Also subjects of the maneuver’s age, weight, etc may impact whether you are shielded Chapter 9: Introduction to Contracts Definition of a Contract: A contract is a legally enforceable agreement between two or more parties, consisting of an offer, acceptance, and consideration. Elements of a Valid Contract:  1. Offer: A proposal by one party to enter into a legally binding agreement. ○ Offers must be clear, specific, and communicated. 2. Acceptance: An agreement to the terms of the offer, without modification. 3. Consideration: Something of value must be exchanged by both parties (money, services, or goods). 4. Capacity: Both parties must be legally able to enter into a contract (minors, for example, generally lack capacity). 5. Legality: The subject of the contract must be lawful. Types of Contracts: Bilateral Contracts: Involve a mutual exchange of promises (e.g., a sale agreement where the seller promises to deliver goods, and the buyer promises to pay). Unilateral Contracts: One party makes a promise in exchange for the other party performing an act (e.g., a reward for finding a lost pet). Contract Formation Issues: Definiteness: Offers must be sufficiently definite for the court to determine the parties’ intentions. Communication: The offer and acceptance must be communicated to the appropriate parties. **Chapter 10: Mutual Assent: Lefkowitz v. Great Minneapolis Surplus Store, Inc. Mutual Assent Definition: The agreement between the parties to the terms of the contract, usually established through offer and acceptance. Key Case: Lefkowitz v. Great Minneapolis Surplus Store, Inc. ○ Facts: The store advertised a sale for fur coats on a “first come, first served” basis. Lefkowitz arrived first but was refused the purchase because the store claimed the offer was only for women, though this condition was not mentioned in the ad. ○ Issue: Was the store’s advertisement a binding offer? ○ Ruling: The court found that the advertisement was an offer because it was clear, definite, and left nothing open for negotiation. ○ Takeaway: Advertisements can be considered offers if they are clear, definite, and demonstrate the intent to be bound. **Chapter 11: Conduct Invalidating Assent: Reed v. King Conduct Invalidating Assent Certain actions or omissions can invalidate mutual assent, such as: ○ Fraud: Intentionally deceiving another party to induce them into the contract. ○ Misrepresentation: A false statement that induces someone into a contract. ○ Duress: Forcing someone to enter into a contract under the threat of harm. Types of duress Physical force, which makes the contract void Improper threats or acts: Through economic or social coercion ○ Undue Influence: Taking advantage of someone’s weakened state (physical or mental) to induce them into a contract. Key Case: Reed v. King Facts: Reed purchased a house from King, who failed to disclose that a murder had taken place there, which significantly reduced the property’s market value. Issue: Whether King’s nondisclosure of the murder was fraudulent and invalidated the contract. Ruling: The court found that King’s failure to disclose the murder, a material fact that affected the property’s value, constituted fraudulent misrepresentation. Takeaway: Failure to disclose a material fact can invalidate a contract if that fact would influence a reasonable person’s decision to enter the agreement.