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week 5&6 of LS201

by: Kristi Meyer

week 5&6 of LS201 17170

Kristi Meyer
GPA 3.0
Introduction to Law
Ruth Stevens

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Introduction to Law
Ruth Stevens
Class Notes
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This 9 page Class Notes was uploaded by Kristi Meyer on Sunday October 11, 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 24 views. For similar materials see Introduction to Law in Law at Grand Valley State University.


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Date Created: 10/11/15
Weeks 5 amp 6 of LS 201 class Overview of the weeks 0 Weeks 5 was the week of the test Day 7 in class the professor just reviewed for the test And she showed us a few more things on west law 0 Day 8 was our test then she went into new material 0 Day 9 she went over more new material and our assignment for Case Brief Part 2 0 Day 10 was when she lectured and went over the Tracy Morgan case and gave us an assignment on it Lecture Notes Day 7 on West Law 0 To get to West Law from the GVSU library 0 Gvsuedulibrary 39 Click data bases 0 The databases are in alphabetical order West Law is under W so click the W then scroll down and nd West Law 0 Make sure when you are looking for a law to click on the law tab at the top of the West Law page or else it will not show you laws or cases 0 Make sure when you are making a case brief not to include any comment or commentary strictly from West Law 0 That is their people s opinion not the actual case 0 The start of the case is almost always a ways down the page The start of the case starts with the judge s name who gave the original opinion 0 Concurring opinion the judge agrees with the outcome of the case but more likely than not disagrees with the reasoning that the original judge came to the outcome 0 Affirmed the appellate judge agrees with the most recent ruling in the appeal 0 Procedural history explaining where the case started and the outcome of every appeal except the appeal you are reading 0 In a case brief you say what the decision was who started the original case and how it turned out I ie facts of the case and why they contributed to the outcome 0 Texas vs Johnson in class activity page 404 in the textbook 0 There was a case started in trial court he was convicted 1 year in prison with a 2000 dollar fine Court of Appeals 5th district affirmed Court of Criminal Appeals higher court reversed they were granted Cert Supreme Court reviewed the case 0 Facts in the case Johnson doused the American ag with kerosene and set in on fire in a political rally other protestors chanted America the red white and blue we spit on you I The reason that Johnson was the only one convicted was because he was the person who doused the ag and set it on fire other protestors just chanted Day 8 Lecture 0 A court does not have to follow an outofstate case even if it is in its district But they can It is considered a stronger case if it is referencing a case that is in the state verses an outofstate case with samesimilar facts most likely the decision will be the same 0 Circuit courts however must follow those cases in the same circuit but from a higher court in the district only 0 State courts are in the same boat that they must follow similar cases from a higher court 0 Le someone convicted of murder at a higher level court the outcome has to at least be the same at the state level if not more severe to represent any extras in a case that was not at the higher level court case Overview of case Brief Format o Issues 0 Specific law that is being contested between both parties I In dudzinski case one issue was can someone wear a derogative shirt in a pretrial case or is it an issue in every court I Other issue did the judge have the authority to find Dudzinski in contempt of court because of him wearing the shirt and refusing a judge s order I You should include key facts in the issues part and include the law that governs the facts I You should include issue holding and reasoning for every issue 0 Answer holding 0 Does the answer the issues question I Holding might be easier to do before getting the issue question This is a single sentence 0 Reasoning 0 Why did the court rule the way it did 0 If there is a dissenting or concurring opinion it has its own paragraph 0 Disposition 0 Tell the reader what the court decided I Usually just one word unless one thing is affirmed and the other issue is reversed 0 Dudzinski case brief 0 1St time he was in court it was a pretrial second time was a motion for the estate case 0 Why was there a difference I There was no jury in the pretrial o Fundamental right I Highest level of rights has the highest protection 0 Freedom of speech 0 2 issues I 6th amendment right to a fair trial I 1St amendment right to free speech Day 9 lecture 0 Statutes are known as enacted law make It clear that the legislature made the law 0 Slip law is an indiVidual bill it was a little slip of paper 0 Michigan statute also known as Michigan complied laws Day 10 Lecture 0 Statues are called Inactive laws 0 Session laws are organized chronologically o A Lde is a set of laws organized by topic 0 18 USC 245 o 18 is title number 0 USC bookcode o 245 is the section number 0 MCL 75075 0 MCL Michigan complied laws 0 750 chapter number 0 75 section number 0 Definition of a crime can be in one section penalties for said crime but can also be in another section 0 How you would use the IRAC in Mary s case 0 lssue was Mary committing a crime carrying a dangerous weapon 0 Rule element from the statute is it classified a dangerous weapon if and only if I 1 person is not a police officer I 2 the person carried it I 3 Is it a dangerous weapon I 4 Etc 0 Application applied facts to the statute I 1 law or element is satisfied I 2 the item was in fact carried I 3 it wascan be a dangerous weapon 0 Qonclusion if ANY of the elements have not been proven then the person is not guilty I So for example if they say that when Mary grabbed the harmer she was going to buy it and just happened to have the hammer in her hand when she threatened the other customer and they prove without a doubt that she was not using it as a dangerous weapon even though all other claims have been satisfied she would be not guilty Legal Analysis using a statute Case of the shoplifting minor Ida 0 Issue can the parents be held liable to pay for Ida shoplifting 0 Rule minor shoplifting parents are liable Must live with parents Person must be a minor unemancipated Committed the crime shoplifting Parents can be sued 0 Application 0 000 0 Does not live with parents lives with older sister store cannot sue due to her not living with her parents She is a minor She is unemancipated She committed the crime shoplifted Suing parents 0 Qonclusion store cannot sue the parents parents are not liable because she does not live with her parents and she lives with her sister However if the court can prove that her living with the sister is temporary then they might have a suable case When someone first gets a case what should they do 0 Is there a cause of action 0 Where should I file the case small claims without attorneys district court if you want an attorney 0 Which venue should I file at EXTREMELY IMPORTANT 0 Is there a statute of limitations 0 If all those above have been satisfied then you are ready to file Lecture Day 11 0 Subject matter jurisdiction power of the court to hear a case 0 Personal jurisdiction when a court has the power to force a person to appear before it 0 Such as if a person doesn t have ties in a state for example Michigan then Michigan cannot force someone to come to court in Michigan I Ties could be there work there have family there go their frequently etc 0 Pleading sends out a claim about someone or defendant sends their claim back 0 In litigation a third party is someone who is initially not part of the original lawsuit Affirmative defense legal theory that allows the defendant to avoid liability 0 When someone affirms that everything happened but has something that contradicts and overrides the case against them the case is then thrown out I Bill Cosby case even if Cosby affirms all the actions and lawsuits against him he could bring up the statute of limitations on all of them and then the case is thrown out because it is too long of a wait to make a claim Respondent superior when an employee is acting in the scope of an employer then the employer is automatically at fault 0 Tracy Morgan case the driver of the Walmart truck has respondent superior so Morgan sued Walmart for the accident 0 When an independent contractor is an employee they are at fault not the overall company they were hired under Discovery each side has the right to ask the other side questions and uncover facts evidence etc 0 Any information or relevant information leading to the case will be found during this 0 Interrogatories written questions sent to the opposite side and they have to look up the correct answers and send it back I The only documents that can be retrieved from the opposite side are relevant material or material that will lead to relevant material in the case 0 Depositions done live in front of the court reporter and everything they say is being recordeddocumented they are also under oath when this happens anything they say or reveal can be used against them Notes from chapter 6 in the book When does a lawsuit officially begin 0 When the plaintiff has filled all necessary legal documents with the clerks The attorney s job is to decide whether the plaintiff has a cause of action the person who they will sue where the case should take place venue if there is a statute of limitations has it run out And last is there an administrative agency that needs to be consulted to avoid going to court Figure 63 in the book is the same one the professor showed in class in her power point page 126 in the textbook Bold words from chapter 6 Litigation when you use the help of the court to settle disputes Alternate dispute resolution anything other than them going to court to resolve an issue 0 Mediation a neutral3rd party who helps to parties reach a decision 0 Arbiter neutral 3rd party acts like a judge and makes the decision for them I Decision is binding cannot be fought in court unless on limited grounds 0 Decision was made on fraud could be limited grounds 0 Speedierless expensive Summary jury trials definition is on page 113 in the textbook Figure 61 on page 116 in the textbook has the overview of the litigation process Pleadings has already been discussed above otherwise please look at page 117 in the textbook Pretrial motion motion to either not have a trial or to stricken the information heard at the trial Discovery getting information from the opposing parties Signature everything is signed from an attorney Representation to court definition is on page 118 of the textbook Sanction definition is also on page 118 of the textbook Standing parties with a real stake in the outcome can participate in the lawsuit Guardiannext friend legal rightduty to take care of a person s property if that person is a minor or incompetent Class action lawsuit multiple people suing for the same injurysuing the same person 0 Volkswagen lawsuit for emissions test cheating o 2 base requirements for a class action lawsuit I Questions of the lawsfacts common to the class everyone suing I Claims of the class members must be typical of the class as a whole Judgement proof when the dependent does not have the necessary funds to pay for the damages Compulsory joinder when someone must be either a plaintiff or defendant in the case Subject matter jurisdiction power of the court to hear a particular case Personal jurisdiction stated above but for further discussion the definition is on page 123 of the textbook Minimum contacts where a defendant must have at least minimum contact within the state before the court has jurisdiction over the defendant 0 If you are in an automobile accident in another state you can sue the person in that state because you have minimum contact in that state Statutes of limitation the time between an incident and the longest period you have to sue a person 0 Discrimination lawsuits have 180 days from the start of the incident according to the book Exhaustion of administrative remedies you have to consult the administrative agency to see if there is another way to settle the problem without going to court Complaint initial document filed by the plaintiff Answer response from the defendant to the plaintiff s complaint Counterclaim suit from the defendant against the plaintiff Third party claim suit from the defendant against someone not originally in the lawsuit Caption definition is on page 126 in the textbook Notice pleading where it is writing in writing what the defendant did to cross a line with the plaintiff that lead to the lawsuit Count one cause of action 0 There can be more than one cause of action to sue someone Pleading in the alternative when you include more than one count in a complaint Verification when the client signs a form stating that they have read what the lawyer has typed up in the complaint and that everything that is in it is correct Notice when the defendant is notified that there is a lawsuit against them Summons a formal notice that they are being sued and that they must answer the complaint Electronic filling when the documents are filled over the internet Process server usually a cop who serves the summons papers Case managementelectronic case files definition is on page 131 in the textbook Portable document format court documents are in PDF Electronic signature signing of court documents online when they are submitted Affirmative defense when the defendant has new evidence to bring into the case against them Default judgment when the defendant does not respond to the complaint therefore all allocations are deemed affirmed and the plaintiff still has to prove to the judge that what they say is true however the defendant if they appear in court they cannot contest anything that the plaintiff is saying they basically gave that right away by not responding to the complaint papers Motion request made to the court 12b6 motion request from the defendant that the plaintiff has no claim Rule 56 motion summary judgement definition is on page 137 of the textbook Discovery when each side finds out as much as they can about the other sides strength in the case and any relevant information in the case Interrogatories written questions from on party to the other that must be answered under oath 0 Federal system number of interrogatories is limited to 25 Deposition basically talking to a witness or anyone with importance in the case with a court reporter present recording everything Deponent the person being asked the questions Request for admissions a written document with questions for the opposing party to admit or deny 0 Once admitted the party cannot change their mind to revise their answers Answers are set in stone Subpoena duces tecum making someone appear in court that is relevant to the case who is not a defendantplaintiff and they must bring the any and all necessary documents 0 Usually a doctor in a personal injury case Metadata definition is in the textbook on page 143 Native format format of something when it was originally created Electronically stored information ESI information created stored and shared in electronic format Litigation hold definition is on page 143 in the textbook Spoliation when documents are altered or destroyed Meet and confer definition is on page 144 in the textbook 0 There is a list also on page 144 in the textbook saying what needs to be done at the meet and confer Clawback provision when parties can get confidential information that they have submitted to the opposing party 0 Such as answers to the complaint or counterclaims etc Dismissal with prejudice court order to end a lawsuit 0 Cannot be refiled with the same plaintiffdefendants Pretrial conferences when opposing attorneys meet to try and settle the case outside of court Motion in limine a motion where attorneys ask that certain information in the case cannot be disclosed to the jury Voir dire when jurors are questioned to see if they can serve on the case Challenge for a cause when an attorney is asking the judge that a person not serve as a juror to the cased based on backgroundanswers to the questions and that that person has a bias about the case Peremptory challenges when an attorney has a juror removed from the case for no reason Direct examination questioning the witness Leading questions a question that suggest the answer 0 Asking in a assault case if the defendant appeared mad when they assaulted the victim obviously they were mad at something Cross examine when the opposing attorney asks the witness questions Directed verdict definition is on page 152 in the textbook Pattern jury instruction standard jury instructions Verdict opinion of the jury Mistrial judge ends the trial immediately because of a major problem 0 Book says that when an attorney uses a prejudicial statement like you know my client is innocent so vote not guilty Judgement decision of the court Writ of execution court order telling the sheriff to seize the defendants property because they have not paid the plaintiff their damages they then sell the property and use the money to pay the plaintiff Judgment withstanding the verdict NOV a judgement that is reversed from what the jury decision was Motion for a new trial when the attorney asks the court for a new trial because they think there was a procedural error that in uenced the outcome Appellate brief definition is on page 155 in the textbook Clearly erroneous standard used by the appellate courts when reviewing a case Harmless errors errors made by the lower court that no matter if they were right or not would not change the outcome of the case Reversible error when the error is huge and it would change the decision of the court usually the case is given a new trial Affirm affirm the lower court s decision Reverse reverse the lower court s decision Remand sending a case back to the lower court for a new trial or action


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