Law Test 1 Cheat Sheet

Ch. 1 Law: May be viewed as a collection of rules or principles that limit and direct human behavior. Laws in different jurisdictions reflects other social norms. Reflects social values & customs, subject to change. Federal Constitution: Law of the land. Limits power of gov. created 3 branches and separation of powers. Oldest written constitution in force in the world. State Constitutions: Create branches, long and detailed, easier to amend than federal constitution. Legislature & Statutes: Legislatures create statutory law (federal, state, municipal) judges interpret to make sure they pass constitutional muster. (Ex. Clean water Act) Admin agencies & Regulations: Congress creates statue which names admin agency, and agency makes regulations. Judiciary & Common law: Comes from old English system, judges follow earlier decisions. Stare Decisis is the use of precedent. New issue- judge makes new common law based on logic from an existing law. Common law varies by state but there’s some consistency. Provides stability but allows change as tech and social atÝtudes evolve. Civil Law Systems: Dominate in EU, central and south America, parts Asia, and Africa. Often from Roman Empire Law. Are inquisitorial, not adversarial, code based, influenced more by academic experts than lawyers. -International law sources, firms doing business in other county must abide by that country’s laws. Trade agreements and treaties impact business practices (NAFTA). Multinational orgs and treaties affect business (WTO). Public law: Legal relationships between members of society & a government, imposes legal constraints and brings social change. Private Law: Legal relationships among society, resolves disputes, primarily common law. Criminal Law: Lesser civil charged resulting in fines, prison fines or both. Civil: Fines, no jail time. Substantive: Defines Legal rights, regulates behavior. Procedural: How legal matters are processed through court or other system. Ch 2. Federal judges State judges: fixed terms, elected or appointed or both. Judicial immunity: Hartsoe v Christopher, tried to sue judge for violating his rights. Judicial immunity held. Courts: Fed district courts have original jurisdiction, deal w issues of fact. Court of appeals, everyone has right to appeal. Specialized federal courts have limited jurisdiction. Supreme court reviews cases from basically all other courts. Often deal with constitutional decisions. Small Claims Courts: claims can’t exceed $5,000. CA- $10,000, SC- $7,500. Small debts. Pleadings, discovery, pretrial procedures, relevant motions. Jurisdiction: Right of court to hear and decide case. Plaintiff must choose court that has subject matter jurisdiction, personal jurisdiction over person or property of defendant. Can’t serve summons in state where incident didn’t occur. Car crash in Utah between SC and CA residents, CA resident can choose court in Utah or SC. Property- Where property is located creates jurisdiction. Wills & Trusts: Probate Court  Divorces, Child Custody: Domestic/Family Court Divorces, Child Custody: Domestic/Family Court  Municipal Matters: Municipal Court Municipal Matters: Municipal Court  Small Claims Court - Limited claims of usually $5000 or less, Small Claims Court - Limited claims of usually $5000 or less, sometimes up to $7,500 will be heard Anyone can request change of venue. Likely same court system just diff location. Ch. 3 Pleading Stage: Formal statement made to court by parties. Alleges facts for jurisdiction and requests remedies. Discovery: Preserve evidence, limit element of surprise, encourage settlement. Interrogation of parties, mental/physical examinations. Pretrial Stage: Summary judgement and pretrial conference. Trial Stage: Presentation of direct testimony, closing arguments, motion for verdict, jury verdict. Motion for judgement notwithstanding the verdict (J.N.O.V) Appellate Stage: Appeal, afÏrm judgment, reverse, remand. No further appeal available=judgement is final Arbitration: 3rd party neutral assists parties in agreeing on a solution without court. Decision is final once agreed upon. Ch. 4 Judicial Review: Marbury v Madison Congress can regulate foreign and interstate commerce. Federal government takes precedence over actions of other governments Wickard v Filburn: Filburn produced more bushels of wheat than allowed, did not sell, but got fined because his overproduction COULD have an impact on interstate commerce. Taxing Power: Taxes used to raise revenue and deter, punish, of encourage certain behavior. Free Speech laws apply to businesses unless compelling state interest to prohibit (ex. Public health or safety) 2nd amendment: Right to bear arms 4th amendment: Unreasonable search and seizure, can require a warrant. 5th amendment: Right against self-incrimination, cannot be a witness in their own trials. Just compensation or takings clause: gov can take property for public purposes (oil pipelines, schools, highways) -just compensation=fair market value usually 6th amendment: right to trial by jury in criminal cases 7th amendment: right to trial by jury in common law cases 8th amendment: limits cruel and unusual punishment and excessive fines. 14th amendment: due process of law Cases Davis v. Baugh: wrongful death, changed statute based on advanced construction technology. Lamson v. Carter Lake motors: Ethics, verdict was reversed and put in favor of CLM because Lamson had no cause of action. Hartsoe v. Christopher: Judicial immunity held. Blimka v. My Web Wholesalers: incorrect order, jurisdiction over internet applied in any state business conducts commerce. Held for Blimka. Erie Railroad v. Thompkins: Diversity of citizenship, railroad company was not based out of PA so PA law applied to Thompkins as a trespasser. Barbin v. Asthenjohnson: Required Barbin to give expert testimony for his claim, and case was remanded to a new trial. Naples v. Keystone Building & Development Corp.: Just compensation for damages must be awarded, or fair market value. Held for Naples after appeal. SBD Kitchens v. Jefferson: Jefferson slandered SBD after work he did not seem fit and refused to pay, SBD awarded punitive and compensatory damage money. Court afÏrmed for SBD. Katzenbach v. McClung: Segregating in a restaurant whether clientele is mainly local still impacts interstate commerce because even if all customers are local, resources for the restaurant are not. Interstate commerce, judgement reversed so that there was no longer segregation allowed. Hughes v. Oklahoma: OK had a protection against selling minnows out of the state to protect them, this interfered with interstate commerce, so the decision was held for Hughes. Consolidated Edison Company v. Public Service Commission of NY: Business free speech, Edison put policy issues in their bill statements, but the consumer could avoid it by throwing this away, so judgement held that they were exercising free speech and it was okay. Central Hudson Gas & Electric Corp. v. Public Service Commission of NY: Commercial advertising does not inflict on the state’s interests, so the decision was reversed in favor of commercial advertising for CHGE. Horne v. Department of Agriculture: DOA was unlawfully taking the money from Horne’s raisin profits, and judgement was found that it was unlawful taking. Labrayere v. Bohr Farms: No right to bring a common law action for private nuisance in which the alleged nuisance emanates from property used primarily for animal or crop production services. Held for Bohr Farms.