Ch1 Law and Ethics LAW: a body of rules; a system that gives order to a society; and a system of moral conduct by which society receives justice. Sources of Law: Federal Constitution Federal Statutes (laws passed by legislative body) Federal Case Law (court decisions) Administrative Law (agency rules and regulations) State State Constitution State Statutes State Case Law State administrative law Supreme Doctrine: Federal laws are the minimum required by the states Doctrine of Stare Decisis: ?let the decision stand? when certain courts make a decisions all other courts in that jurisdiction will apply the same decision Classification of Law (substantive vs. procedural) Substantive: defines, creates, describes, and regulates legal rights and obligations. Procedural: establishes and regulates methods of initiating and processing legal court cases and enforcing the decisions in court cases. Civil vs. Criminal Law Civil: involves the legal rights and duties that exist among persons or between citizens and their governments Criminal: involves violations or wrongs committed by a person against society which are enforced by prosecution by the state. All laws not classified as criminal by a legislature are civil. Ch. 2 the court system Federal and State Courts Federal Courts Federal district courts: original jurisdiction over two types of cases Those that involve ?federal questions? Those that involve ?diversity of citizenship? with an amount in controversy over $75,000 State Courts Trial courts Appellate courts (intermediate courts of appeal) Appellate courts (?courts of record? state supreme court) Jurisdiction and Venue ?standing to sue? a litigant must demonstrate he will suffer direct harm from another party?s action to be able to bring a lawsuit against another party Jurisdiction: the power over the parties and the type of lawsuit to allow the court to decide a case so the decision is binding on the parties. ?Jurisdition over the person? ?In Personam jurisdiction? a court has jurisdiction over a person who is a resident of the judicial district; served with a summons ?Long arm statute? Minimum contact/contacts with the state To allow the court to have personal jurisdiction over the person/business does not offend traditional notions of fair play and substantial justice. Subject Matter Jurisdiction a court is allowed jurisdiction over certain types of cases. Venue the geographical district where the case must be brought by law Res Judicata Once a case has been fully litigated to a final judgment neither party to the case can file another lawsuit against the other based on the same set of facts Ch. 3 Trials and Resolving Disputes Remedies in Civil Litigation ?to make the person whole? Legal Remedies (granted by law courts) Monetary damages Compensatory damages: makes up for monetary loss suffered from the other party?s act or omission Special damages: for out of pocket losses suffered Punitive damages: to punish a party for reprehensible, intentional and willful conduct. Equitable remedies: By a ?court of equity? before being granted, the law requires proof that there is ?no adequate remedy at law? Specific Performance: a court orders a person to complete a performance that has been promised Injunction: a court orders a person to stop doing something being done. Can be temporary or permenant. ?Estoppel? aka ?Doctrine of unclean hands? ?Laches? Alternative Dispute Resolution Negotiations: parties meet and attempt to settle outside of court with no 3rd party Conciliation: a ?conciliator? keeps emotions down and focuses parties on agreement Mediation: impartial ?mediator? tries to persuade each party to an agreement pointing out pros and cons of each argument but does not have the power to make a decision. Arbitration: Dispute is settled by an impartial party and is binding Arbitration is: (pros) Cheaper Faster More private Less red tape More impartial AAA: American Arbitration Assoc. Allows for more professionalism in arbitration and to provide training Contracutal ?binding? arbitration: 2 requirements Arbitration was voluntary Agreement to arbitration is in writing Arbitrator?s decision is called an ?award? Disadvantages of arbitration Give up constitutional rights Limited right of appeal Limited right of discovery Waiver of due process rights ` Ninjas you hire a clan of ninjas paying them in gold to ?solve? your ?problem? Judicial Procedure (watered down) Complaint (petition) Answer Default judgment Voir dire Due process rights (to protect life liberty and property) Property: proof by ?a preponderance of the evidence? 51% (civil cases) Liberty & Property: ?clear and convincing evidence? 70% (guardianship) Life, Liberty & Property: ?beyond a reasonable doubt? 95% (criminal) Ch. 4 The Constitution Design of the Constitution ?limited powers?/ ?enumerated powers? Vertical separation and protection between the federal and state gov?ts 10th amendment: rights reserved by the states Limitations to the US constititution: ?the powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people 9th amendment: rights reserved by the people Limitations to the US constitution: ? the enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people? ?separation of powers doctrine? (checks and balances) Horizontal separation/protection between the three branches of the fed. Gov?t. ?Commerce Clause? Federal regulation: used by congress improperly as authority to regulate practically everything State regulation: have authority to regulate interstate commerce as long as it does not substantially interfere with interstate commerce. Can regulate: use of channels, instrumentalities, activities of substantial relationship to interstate commerce ?general welfare clause? Power to provide for the general welfare of the US Other ?Full faith and credit?: requires every state to honor and enforce the actions of all other states such as legal judgments . ?privileges and immunities clause?: one state cannot discriminate against a citizen of another state solely on residency Supremacy clause: constitution and federal laws/treaties are supreme law of the land and have priority over all. Bill of Rights designed as a ?one way street? to protect individual rights of the Citizens from abuses of gov?t action. 1st amendment (speech) especially political Partially protected =can be restricted= obscene/offensive and commercial 4th amendment Protection from ?unreasonable search and seizures A warrant with probable cause is required before hand Your right to privacy 5th and 14th amendment ?due process? Procedural/substantive Equal protection clause Strict scrutinty General rights to race,religion,orgin, and color Intermdiate scrutiny Gender and age ?Doctrine of selective incorporation? Protection from federal gov?t is applied to state gov?ts as well Ch. 5/6 Criminal Law and Business Criminal Law: wrongs committed against society, the same act can be both a crime (against the state) and a civil wrong (violation of personal rights) ?Burden of Proof?= ?beyond a reasonable doubt? (95%) Classification Felonies Most serious=punishable by prison for 1yr or more Capitol (death) 1st 2nd and 3rd degrees Misdemeanors Punishable by fines or confinement for less than one year or both Petty =traffic Criminal Intent (mens rae- ?scienter?) Guilty knowledge- the conscious asareness to commit a crime- it is a willful state of mind Criminal Conduct (actus reus) Some ?act? occurred which was against the law- defendant to a substantial stem toward the commission of a crime? Attempt- when one person who plans a crime commits an overt act toward the crime but does not fully commit or complete the crime Conspiracy- when 2 or more persons agree to commit a crime- if you plan and commit any overt act within the scope of the intended crime Crimes against property Burglary breaking and entering onto the property of another with the intent to commit a crime therein Larceny the wrongful or fraudulent taking and carrying away the property of another by the use of force or fear Robbery the wrongful or fraudulent taking an carrying away the property of another by the use of force or fear Embezzlement the wrongful taking of money or property of another by one who is in legal possession of the propery Fraud?
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