LEGL 2700 Exam I Study Guide
LEGL 2700 Exam I Study Guide LEGL 2700
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This 7 page Study Guide was uploaded by Jessica Su on Wednesday September 7, 2016. The Study Guide belongs to LEGL 2700 at University of Georgia taught by Lara Grow in Fall 2016. Since its upload, it has received 12 views.
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Date Created: 09/07/16
Chapter 1 ● Law is a rule, laid down by the government, and enforced by the government ○ “Rule of Law” means every citizen needs to follow the law ○ Code of Hammurabi lays the ground of law ○ Provides certainty, predictability, and stability ○ Common Law: judges, Constitution; Ex. The U.S ○ Civil Law: legislation; English, Lousiana ○ Criminal Law government prosecution of citizen who commits an illegal action, usually state violations, across borders ■ Civil Law private rights between people; Ex. breach of contract, medical malpractice; usually deal with money ■ Case: OJ Simpson faced both criminal and civil trials for his double murder in LA in 1994 ● Criminal: State of CA vs. Simpson not guilty ● Civil: Family of Brown v. Simpson guilty, $$ tort liable for wrongful death ● Source of Law ○ Constitution ■ Article I establishes the Congress ■ Article III establishes the Judiciary ○ Legislation ■ Statute/Act legislation passed by Congress or a state legislature ■ Ordinance legislation passed by a local government ■ Preemption Congress pass a single law that overpower all different state, same subject, laws ● Con: takes the state power away ■ Case: D.C. v. Heller (2008) ● Heller was charged for violating the 2nd Amendment for bearing arm at home. It was the first time justifying the 2nd amendment. ● A big conflict between whether it was ‘the right to bear arm,” “safe defense” or the only time to bear arm is in a militia ● Heller won; interpret things in a different manner and setting ○ Administrative Agency Regulations ■ Experts who give clarity and provide enforcement of statutes, such as the EPA ■ Purpose ● NoticeandComment Rulemaking: the process of noticing the public, waiting for it to comment, making corrections, proposing, and going thr. the process again until the public is satisfied ○ These agencies are unelected. They need to make the public happy so they can get elected ○ Judicial Decisions, known a tare decis (precedents) ■ Brown v. Board of Education (1995), Plessy v. Ferguson (1896) ■ Overturn their own precedents ● Hierarchy of Laws ○ U.S. Constitution ○ Federal statutes ○ Federal Administrative Regulations ○ State constitutions ○ State Statutes ○ State Administrative Regulations ○ Local Ordinances ○ Judicial Decisions / Case Law Chapter 3 ● Court ○ Appellate judges do not look over the question of fact, with an exception of manifest error: obvious and disputable error that the judge will review the question of fact ○ State judges are appointed by citizens, have terms ○ Grand Jury determines whether the government has enough evidence to go forward with a ONLY criminal felony prosecution ■ 1623 people, save time, to make sure there’s an actual case before going to petit jury ○ Petit Jury issues a verdict (decision) in criminal and civil trials (12ppl) ■ Unanimous verdict ■ Only one trial ■ If one disagrees, then it’s a mistrial ● Organization of the State Court System ○ GA Superior Court: trial court where testimony is heard ○ GA Court of Appeal (12 judges, only 3 will listen to your appeal) ■ Mandatory appeal ○ GA Supreme Court ● Federal Court ○ GA District Court ○ 11th Circuit Court of Appeals ○ U.S. Supreme Court ■ has a discretionary rev meaning they choose what to hear ■ Must grant a writ of certiorari before taking an appeal ■ Commonly hear c ircuit sp cases where two circuits interpret federal laws differently Chapter 4 ● Appellant the party challenging the lower court ruling, the one who lost the trial ● Appellee the party that was successful in trial court ○ Appellant v. Appellee ● In Supreme court, petition is the party challenging the lower court ruling, and respondent is the party that prevailed in the court of appeals ● Class Action ○ Contingency Fee the plaintiffs do not need to pay the lawyer unless they won the case; but if the case is won, the lawyer gets ⅓ of the settlement ○ Case: Dukes v. Walmart ■ Dukes claimed 1.5M females were discriminated from Walmart ■ Walmart went to U.S. Supreme Court and won, explaining that this case should be an individual lawsuit and not a class action, bc the facts are different for every plaintiff ● Requirements for bringing suit ○ Standing to sue ■ Actual case or controversy ■ Personal stake in the resolution of the case meaning the plaintiff was actually influenced by it ○ Subject matter jurisdiction the power of a court to hear and determine lawsuits ○ Personal jurisdiction the power of a court to hear and determine a lawsuit involving the parties before it ■ The plaintiff needs to consider which court to file, location of case, and the citizenship ■ If it’s from a different state, that court needs to have a power called longarm jurisdiction ■ The court obtain personal jurisdiction over a defendant if… ● The defendant is served outside the state, and committed a tort in the state/ owns property in the state that’s subject matter of the suit/ entered a contract or transacted business that’s subject matter ● Pretrial procedures ○ Pleadings the formal presentation of claims and defenses by parties to a lawsuit ■ Complaint filed by the plaintiff initiating a lawsuit ■ Answer filed by the defendant, admitting or denying each allegation ● May include any counterclaims ● Only 20 days to file an answer ■ Reply the plaintiff’s response to defendant’s counterclaims, if any ■ If pleadings, defendant can have an answer, counterclai ffirmative defense (admits it but has a legal excuse to adjust it), and no response ○ Motions written request made to a court or judge to obtain a ruling directing that some act be done in favor of the applicant ■ Ex. motion to postpone the trial, motion to expand the trial time ■ Motion for summary judgement telling the judge there is no need of having a jury, it just needs a ruling of the law ● Ex. A woman is pregnant and requested an accommodation, but the employer denied it. She then sued the employer for violating her right. The company filed a motion for summary judgement, because both parties have common knowledge of what already happened, it just need a ruling of the law. ○ Discovery the procedure by which each party requests the information needed to prepare its case ■ Longest part of litigation ■ Interrogatories ritten questio which must be answered by the other party ■ Requests for Production of Documents written requests for certain categories of documents in the possession of other party ● Takes the longest time bc the process to get the documents, receives, and reviews them ■ Depositions oral questioning by an attorney of a witness who must answer under oath ● Done in the attorney’s conference room, similar to a testimony ● A way to preserve memory and learn which witness is good and bad for the case ■ Requests for Admission written questions asking the other party to specifically admit or deny a certain fact ● Ex. Admit or deny that the light was red when you crashed into Plaintiff’s car ● Trial ○ Jury Selection ■ Voir Dire examination of prospective jurors to determine if they are qualified to serve on the jury ● The right is under the 6th and 7th amendment ● Ex Questions: What is your occupation? ■ Challenges don’t give a reason to get rid of a juror, but cannot be gender or race ● 410 challenges ■ Burden of Proof the level of proof necessary to prevail (win) at trial Beyond a reasonable doubt Clear and convincing proof Preponderance of the evidence 100% (Criminal cases) 75% (civil cases) 51% (civil cases) ○ Opening statement ○ Presentation of evidence ○ Closing statements ○ Verdit ● Appeals ○ Remember you can only challenge the facts only if there is anifest error Chapter 5 ● Alternate dispute resolution resolve the litigation on your own, common in both civil and criminal cases ○ Over 90% of cases are settled before trial ○ Settlement / Negotiation ■ Resolution reached through direct negotiations between both parties ■ Once an agreement is done, a contract is written, and both parties sign it (to leave a public record) ■ Adv.: no public record ■ Enforced by contract ○ Mediation a third party who works with both parties and try to come with a mutual solution ■ Ex. divorce mediation ■ Not a binding process, parties do not have to agree with ■ Parties have more power to choose whether and when to settle ■ Enforced by contract ○ Arbitration submitting a dispute to a neutral thirdparty who is inding decision ■ Both parties have to agree on that arbitrator ■ Decision is final and cannot be repealed, bc arbitrators are experts and the whole point of arbitration is to avoid the court ■ Enforced by courts Chapter 6 & 15 ● Federalism a system of govt in which power is divided between the national govt and state govts ○ Article I section 8 ● Preemption occurs when the federal government has claimed the exclusive right to regulate a particular area, or a state law that conflicts with a federal law ○ ONLY the federal govt can regulate this area ○ “Feel Preemption” means it’s not that states cannot regulate such issues, but it is more clear and better if the federal regulates it ■ Ex. Immigratio so it is uniformed for immigrants to become citizens; police power different states have different ruling for immigrants; one can arrest suspicious illegal immigrants for not carrying a certain paperwork, but other states do not require that. In this situation, the federal govt can come in and say that this ruling/power is preempted from the immigration law ● Contract Clause latter contract cannot change the ruling on previous ones, only the future ones ● First Amendment ○ Freedom of Speech ■ Exception: efamation saying something wrongful that harms a business’s reputation elling Fire in Crowded theate Obscen a certain things cannot be said on the air ■ Remember: the Constitution governs the federal govt, not private companies ● Ex. you cannot sue Starbucks for violating freedom of speech bc Starbucks is not regulated under the Constitution. You can sue it for violating a civil right ○ Freedom of Religion ■ Establishment Clause “Congress shall make no law… respecting an establishment of religion” ● Prohibits govt from endorsing one religion over another / religion over nonreligion ● Nor be a law that gives preferential treatment to a religious group ● Ex. “Christmas tree” ■ Free Exercise Clause “Congress shall make no law… prohibiting the free exercise” of religion ● Prevents the govt from enacting laws or policies that prevent people from freely expressing their religious beliefs ■ Know the diff. between the two for the exam! ● Due Process the requirement that all legal proceedings be fair ○ 5th limits to the federal govt ○ 14th limits to the state govt ■ Equal Protection Law treats all citizen equally ● But a lot of laws treate citizens differently, ex. Alcohol age ● Suspect reason: race, religion, and national origin; if the court sees a state is discriminated for one of these three reasons, then the court uses trict scrutiny revi which most cases do not survive ● Quasi strict scrutiny gender discrimination ○ Ex. men used to not allow to go to nursing schools ● Rational Basis Review: age discriminate ○ Ex. Alcohol age, most classifications survive ● Commerce Clause Congress has the power to regulate commerce with foreign nations and interstate ○ Historically, if a company is exclusively within that one state, then only the state can regulate it, but during the Great Depression, the federal govt passed a quota on wheat production ■ This farmer in Midwest exceeded the wheat production, and he was fined ■ He challenged the authority of the federal law crime against him. ■ He said he was growing wheat for his family, not for sell; therefore the federal govt does not have the authority ■ He lost and the fed won, bc by growing more wheat, he was buying less and feeding the excess to animals, which affected the market ■ This dramatically increased the regulatory power of the federal government
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