week 3 of law class
week 3 of law class 17170
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This 6 page Class Notes was uploaded by Kristi Meyer on Wednesday September 16, 2015. The Class Notes belongs to 17170 at Grand Valley State University taught by Ruth Stevens in Summer 2015. Since its upload, it has received 25 views. For similar materials see Introduction to Law in Law at Grand Valley State University.
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Date Created: 09/16/15
Week 3 of LS 201 class Overview of what we did in class Monday we had a guess speaker Wednesday we just went over the PowerPoint and took notes Notes from lecture Regulations are more intensive and more in depth that the original act Administrative Law regulations made by an administrative agency 0 Title VII on sex discrimination does not state sexual harassment the regulation is what states that sexual harassment is a form of sex discrimination 0 When suing for sexual harassment you are basically suing because of the regulation Cause of Action for in iction based on distress is based on common law Criminal law is mainly statutory o Spelled out under a state statue Court Rules procedural law sets the procedure 0 If a case goes to court if is done by a specific procedure 0 Civil court has its own procedure as does small claims court etc You can google court rules or go to your attorney and ask them to brief you on the rules How lawyers classify the law Civil State can vary from state to state Federal can affect the whole country Monetary award money Go to court over you rights being protected Common lawstatues Injunction start or stop an action Sue a companyperson Contract disputes Sue for owing taxesstudent loans More than 51 that you can prove the other party did something wrong Spend up to 1 year in jail and have fines Private injury Liablenot liable Damagesinjunction Criminal Punishment Statues only Suing for a criminal act Statefederal vs defendant Jury trial Prove beyond reasonable doubt Jail timefinesdeath penalty Harm to society Guiltynot guilty Civil Substantive torts contracts property 0 Age at which you can get a license right to die Civil Procedural statutes of limitation o How do I go about forcing these rights Criminal Substantive battery larceny Criminal Procedural Miranda warning right to an attorney search amp seizure Overview of Legal Reasoning Find facts Find out what the law is Apply the law to your facts about the case Cause of Action client as the facts and the law to back them up Summarize conclusions Notes from the textbook chapter 4 On page 60 in our textbook there is a figure that breaks down how a lawyer would go about finding what category to look under to find the right laws for their case Figure 41 is on page 60 in the textbook If a client s case involves the constitution federal statue or regulations of a federal agency ie IRS then it is a case of federal law The state is allowed to make laws that they seem are appropriate for health wealth welfare safety and morals of the citizens if and only if it does not infringe on laws set by the constitution 0 Le criminal behavior laws contracts property marriage and family manners 0 Every state is free to make their own laws it is stated that most states are similar though not exactly the same Civil law sanctions is about getting damages paid for the plaintiff criminal law is for giving out punishments to the offender and detouring the offender from doing it again Loss of liberty receiving probation or spending a few days in jail to spending years in prison to the death penalty Criminal law is usually statutory where civil law is usually upheld by common law Civil law is targeting an individual criminal law is targeting the society as a whole Civil case people are labeled as plaintiff and defendant Criminal is labeled state and defendant Criminal case resulting in guilty means nes and or imprisonment in a civil case resulting in liability means a monetary ward money or injunction community service Murder robbery and arson are examples of criminal behavior The reason criminal law states that it harms society as a whole means that the behavior can impact society 0 Le if someone is murder more than just a family is affected the community Where the person lived can be affected 0 If someone sets a house on fire others in the community can fear that their house or business could be next 0 Crimes against person include o Homicide o Kidnaping 0 Assault and battery 0 Crimes against property 0 Theft 0 Burglary o Arson o Trespassing 0 Crimes against public health or decency 0 Drug offenses o Bribery 0 Gambling 0 Prostitution 0 Crimes against the government 0 Treason 0 Official misconduct o In order for someone to get a criminal trial the prosecutor must present evidence that proves that the person accused had the requisite of both Mens Rea and Actus Reus 0 Civil Law can include but not limited to adoption collections corporate divorce employment intellectually property personal injury probate and real estate 0 Think of it as falling into 3 different categories I Making deals 39 Owning property I Protecting people and property from harm o The first action in a property case is determining if it is real or personal property 0 Air conditioner it can be removed from a Window therefore it is personal property unless lets say the air conditioner is installed permanently into the Window then it is real property 0 Four basic prerequisite in a negligence case is duty breach causation and harm Bold words in the textbook 0 Civil Law harm against an individual 0 Broken contract 0 Criminal Law harm against society 0 Someone s violence leads to a death 0 Substantive Law defies legal rightsduties o Speeding freedom of Speech Procedural Law rules that govern how the legal system works Federalism authority to govern is divided up by the federal government and the 50 states Doctrine of Implied Powers powers that are not stated in the Constitution but gives congress the ability to make the additional laws when they are necessary for them to carry out their powers 0 In the case Mcculloch vs Maryland the court decided that congress could own and operate a national bank for the sole purpose of taxation Preemption power of the government to prevent states from passing laws that are con icting with other states and even the constitution and can even prevent them from passing laws on certain subjects 0 Le federal railroad safety act sets the standard for all railroad safety no state can alter this standard or pass a con icting law against it Clear and Convincing evidence is on page 70 in the book it is not a bold word in the text but a bold headline with the definition on the side of the page Judgement what the court decides guilty or not guilty 0 Liability or no Liability 0 Guilty is not used when referring to a civil case only criminal case Damages compensation to the plaintiff from the defendant for harm done Injunction court orders the defendant to take action or to cease an action being done 0 In Diane s case from beginning of chapter 3 she will want to sue for loss of work wages damages and request to be rehired injunction Double Jeopardy being charged twice for the same crime Felonies murder rape armed robbery and aggravated assault are all considered felonies and result in prison time Misdemeanors disorderly conduct criminal charge for defacing public property or diving without a license on person usually results in monetary award or injunctions 0 Can result also in incarceration meaning a year or less in the local county jail Mens Rea bad intent 0 Had the thought or intent to do something bad Actus Reus bad act 0 An act that someone actually did that was bad Prima Facie Case what must be proven for a criminal case to go to a jury trial 0 Must had bad intent Mens Rea and a bad act Actus Reus Defenses justifies the act and negate mens rea o ie a defendant admits to killing someone but says they had no choice but to kill them 0 insanity infancy and intoxication Cause of Action claim based on the law and facts is sufficient to demand judicial action 0 The plaintiff must present enough evidence that the defendant did the crime without a doubt Negligence acting unreasonable under the circumstance o ie a truck driver running a red light and causing an accident Affirmative defense where the defendant can offer new evidence to contradict the plaintiffs case 0 Le the truck drive has a witness saying that when he went through the light it was green and the plaintiff actually ran the red light This is called raising defenses Sovereign Immunity prohibited injured parties from suing the government unless the government can its approval Compensatory Damages compensate the plaintiff for harm done 0 Damage to property 0 Medical bills 0 Loss of income Punitive Damages designed to punish the defendant beyond just compensating the plaintiff Tort Feasor person who committed the tort Nominal Damages awarded when the law has been violated but the plaintiff cannot prove that any harm was done to them Contract definition is on page 75 in the textbook Consideration something valuable that can be exchanged to form a basic contract 0 It is the difference between a gift and a contract must be two sided money for item or item for item Property Laws definition is on page 75 in the textbook 0 Le correct placement of a building between two neighbors I Real property landobj ects permanently attached to the land I Personal Property everything else Constructive definition is on page 76 in the textbook Legal fiction an assumption that something that is not real is real 0 Le assuming a corporation is a person for the sole purpose of being sued or suing someone Tort Law laws that deal with harm of a person or harm of the person s property Tort a private wrong doing which in turn a person is hurt due to the other persons failure to follow the law Intentional Tort someone intentionally harms another person or their property Battery intentional harmful offensive contact with one person from the other person 0 Libel o Slander o Invasion of privacy 0 False imprisonment Negligence common tort law failure to act reasonably under the circumstances 0 Contributory negligence plaintiff is also negligence in the case that resulted in their injury Assumption of the risk where the plaintiff knew the risk and voluntarily still subjected themselves to the danger o In the case of Mr Whipple on page 77 in the textbook if a customer saw the spill and decided to walk through it anyways and fell they knew the risk but decided to walk through it anyways and fell they are also at fault Comparative Negligence Definition is in page 78 in the textbook Strict Liability people who engage in dangerous activities are responsible for their injuries 0 ie if someone uses explosives even with the utmost care and they still get hurt they cannot sue because they knew the risk going in kind of like assumption of the risk Substantive Law refers to the part of the law that defines our rights and duties 0 ie speed limits Procedural Law how does the legal system operate Statute of Limitations laws that state how long someone has to file a case
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