IntrotoLawFinal.doc

Information for Intro to Law Final (Act can be -crime (plaintiff = state) (beyond a reasonable doubt, 90-95% -tort (plaintiff = victim) (preponderance of the evidence, 50.1% (Federal levels -district(circuit(Supreme court (State levels -trial(appellate(state supreme court (to supreme court if fed or constitutional (State law unconstitutional? Fed and state can hear. (Judicial review( Marbury vs Madison, gave Supreme Court power (Equal Protection(14th amendment applies it to states -requires government to treat equally -can?t sue for discrimination under Equal Protection, but can under Civil Rights Act -private establishments can discriminate, not hotels or restaurants though (Levels of Equal Protection -Strict: race, religion, nationality -Intermediate: gender, legitimacy -Rational: smokers, obese (PAULA -state must prove every element beyond reasonable doubt -Actual: mens rea is proved by actual possession -Constructive: Needs to prove mens rea(intent, because it?s not a strict liability crime (Strict liability(no needs for mens rea, ex: statutory rape and speeding (Same mens rea for controlled substance? No, don?t need to prove intent (Trade association advertises commercial with particular viewpoint -commercial speech is not highly protected because for profit and selling a product of service -is highly protected speech (high value placed on political speech (not selling anything ( Chamber of commerce is not a governmental entity (Federalism-central national government over smaller state governments (Federal jurisdiction -Federal law -Constitutional issue -Diversity of jurisdiction (all defendants from different states (>$75,000 (Statute of limitations: time limit to prosecute (Long arm statute -courts jurisdiction for out of state person -minimum contact (own property in state (sell goods to someone in another state online (driving thru (Where can someone always be sued? -in state where you live -in personam jurisdiction (jurisdiction over a person -in rem jurisdiction (property (Sue for remedies -Legal(damages ($) -Equitable(restraining order, injunction (court says to stop doing something), changing a grade, divorce, marriage, specific performance (Jury trial -guarantee is almost every criminal -civil (if >$20 (legal remedy, not equitable (Mediation -not binding -neutral 3rd party helps both sides come to agreement (Arbitration -hard to appeal, binding -arbitrator renders opinion -private trial setting, ex Judge Judy (Appeal arbitration?(if fraud or didn?t follow procedures, witness lying doesn?t count (Mediation and arbitration are popular because -less expensive -quicker, not as much legal paperwork -courts are backlogged -records are private, ex corporations like (Practice law=bar exam, only practice in state of bar exam taken -public safety issue -disbarred-take away license to practice law (can be punished or sanctioned even if not convicted of a crime -ex charge excessive attorney fees, lie to client(being immoral -CA and NY have hardest to pass d/t huge case law from high population -Louisiana has French civil codes -Hawaii has own, was a kingdom before state (Privileges and immunities & full faith and credit clause -recognized drivers license from other states (Specific intent -additional element ex. Breaking and entering at night, attacking PO while on duty (General intent -easier to prove ex. Just breaking and entering, attacking PO (Authority over administrative agencies -Judicial(judicial review(if follow fed law or admin procedure -Executive(appoints/removes admin head -Legislative(create/remove agency, power of purse (Appeal admin agency decision? If exhaustion of remedies thru admin agency (Negligence -duty -breach of duty of reasonable care (jury decides reasonable -causation (actual (proximal-must be foreseeable harm, chain of events -injury or harm -comparative negligence ex 60% and 40% responsible and divide money -contributory, even 1% = no $, illegal now (Reasonable person standard -objective -decided by a jury, but using subjective experience to reach objective standard (Valid contract -offer(acceptance -legal -capacity -consideration -mutual assent (Void -not a contract unless has been performed by both parties (Voidable -at option of minor (Contracts -Bilateral (2 promises, a promise for a promise, ?I will?if you promise?.? -Unilateral (1 promise, promise for performance, ?I will?if you?? (Right ex to a clean bathroom, $50, -transfer a right(assign (Duty ex to clean it, to pay -transfer a duty(delegate (Actus reas- physical act of a crime (Pre-meditated intent(most punishment (Age of consent, 16-IA, 17-IL, 18-most others (Public law -next victim could be you, shooting someone (Private law -between two people, contract (Federal law -can?t cross state lines with a minor (Parole -get out of jail early, not with federal (Citizen?s arrest -private citizen can arrest someone until police arrive, only with good faith, can sue for civil damages if false arrest -ex. Store security(immune against civil damages if in good faith (Dram shop -bars liability for patrons acts, even after leaving bar (Probably cause -arguable reason that a crime has/is being committed (voluntary act doesn?t always have to be the actual crime, can be the actions leading up to it (ex killing someone after drinking) (Act -can also be a failure to act -ex fail to call an ambulance (Strict liability -no need of intent, ex speeding and statutory rape (In IA have right to consult attorney, adult, friend, etc before PBT, datamaster, not in IL (Strict liability(criminal -civil(negligent case -product liability -ultra hazardous activities (States have police power(power to protect citizens? health and welfare, in Constitution (Difference between infraction or violation and misdemeanor (Every time a state police officer is guilty of brutality or racial discrimination a federal crime has occurred, because of civil rights act 1960 (Intent can be transferred -ex intent for assault can transfer to battery (Doctors held to same standard whether out of school or practicing for 50 years -not true for where they?re located (State can say state law unconstitutional, not federal (Res iptsa loquitor -?the thing speaks for itself? -wouldn?t have happened unless there was negligence -don?t need to prove duty and breach, just injury and cause Andy Wendling -matched artillery rounds in tuck to road -enough evidence to take into custody, took pictures -Iraq similar to US courts -Wendling and another witness -judge directly questioned defendants -got life sentences in Iraqi jail -life expectancy in jail 7-10 years -Iraqi courts have jurisdiction over US soldiers is not on a mission or on a base Adrien Wing -international lawyer, assoc dean for faculty -International Bill of Rights (1948-Univerisal Declaration of Human Rights (1967-International Covenant of Human Rights (1967-International Covenant on Economic, Social, and Cultural Rights -Eleanor Roosevelt-UDHR -Declaration (nice concept, not legally enforceable, ?I love you? -Covenant/treaty/charter (can sue, agree to be legally bound, marriage -1st generation civil and political rights ? ICCPR (most of the world a part of) (from 1700s, like our Constitution (freedom of thought, conscience, speech, assembly, religion, association, security of person, right to life, no slavery, no torture, criminal due process, freedom of movement, privacy (Others: found a family, no propaganda for war, advocacy of racial or religious hatred, public affairs (Antidiscrimination includes: race, color, language, religion, nation origin, property, sex (1st gen = neg rights(government not involved -2nd generation rights - ICESCR (positive rights (Russian revolution, 1917 (right to education, healthcare, work, form trade unions, housing, social security, rest/leisure, cultural life (US signed but not ratified -Treaty to be valid (signing (president) and ratifying (senate) (reservations = ?don?t believe in x? (object and purpose (objections -3rd generation ? group rights (1960s (self-determination ? autonomy to independence, right to peace, economic development, humanitarian assistance, environmental protection -International Human Rights ? Women (CEDAW ? Convention on Elimination of Discrimination Against Women -Muslim women?s rights in France (headscarf=religious duty (women are to ?cloak? themselves before they go out (( wearing of headscarf -In 2004 France passed law that banned all ?ostentatious? symbols of religion from secondary schools under lacite (separation of church and state) principle -US has opposite view