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| Rules that regulate the conduct of individuals and businesses within society. |
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| The U.S. law is flexible. The law evolves + changes along with the norms of society, technology, and growth and expansion of commerce in the U.S. and the world. |
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| Everyone has a right to life, liberty, and the pursuit of happiness. (Morality and Ethics). |
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| The law is a means of achieving and advancing sociological goals. The law should keep up with the times. Not really concerned about the morality or ethics. |
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| Injunction (Courts of Equity) |
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| A court order forbidding or commanding a party to do an act. |
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| Rescision Remedy (Courts of Equity) |
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| Court will cancel the contract. Party's are then ordered to return to their original position. |
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| Each state has its own separate constitution. Florida law cannot violate the U.S. constitution. |
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| Legislative Branch (Congress) |
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| Executive Branch (President) |
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| Enforce the law. Sign or veto bills. Issue pardons for federal crimes. Oversee military. |
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| Interpret and determine if the law is valid. |
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| Written laws that establish courses of conduct that must be followed by parties covered by the law. |
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| Created by the congress (IRS Code) |
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| State legislature delegates lawmaking authority to local government bodies. The state is allowed to adopt ordinances. (Zoning, Traffic laws, Land Use, Bldg. Codes). |
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| Have the power to make law and have the power to hear and decide cases. |
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| Judge Made law. Law made by the courts. |
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| The Doctrine of "Stare Decises" |
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| "Stand on decided Cases." Judges are obligated to follow precedents established within a particular jurisdiction. Lower courts must follow the precedents established by higher courts. Can get very technical (Apellate Courts) |
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| Defines and enforces the duties or obligations of private persons to one another. "Judge Judy Law" |
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| Defines and enforces the obligations of persons to society. "The government prosecution." |
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| Violated both civil law and criminal law |
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| The party who filed a court action. (The person who is suing) |
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| The party who is being sued |
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| The party challenging the trial court/s disposition of the action. (Party who doesn't like the outcome of the case.) Can be either plaintiff or defendant. *(If plaintiff challenges the outcome, they become the appellant) |
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| The process by which a court decides if (1) legislative enactments are constitutional and (2) actions by the executive branch are constitutional. *(Established by the case of Marbury vs Madison.)"Judicial branch has the duty to say what the law is." If the law conflicts with the constitution, the supreme court has the authority to overturn the law. |
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| Concerned about the courts being able to hear and decide a case. Have to have the power. Jurisdiction is about (1) a plaintiff choosing the correct place to sue and choosing the correct court and (2) about complying with rules of fairness for the defendant. |
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| Has a broad range of jurisdiction. Can hear all cases not within exclusive jurisdiction of the federal courts. (Suing a landlord)*Do have exclusive jurisdiction over certain issues (Divorce, adoption.) |
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| Has exclusive jurisdiction over very few cases. (Admiralty, Bankruptcy, Federal criminal prosecutions, lawsuits in which one state sues another state, claims against the U.S. and claims involving copyrights, patents, and trademarks. |
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| Can sue under state court or federal court. |
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| Parties have to be from different states and have to be suing for over $75,000. *(For a corporation, must look at state of incorporation and its principal place of business.) |
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| The judicial power over the parties in a case |
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| State Courts (Personal Jurisdiction) |
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| Have personal jurisdiction over citizens, residents of the state. Also have jurisdiction over defendants who are within state borders when process is served on them. |
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| For each case, the constitutional question is whether the defendant has had enough "minimum contacts" within the state to require him/her to defend the lawsuits in the state. (Entering into a contract in that state.) |
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| The plaintiff must have some stake in the outcome of the law. |
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| The place where the case will be tried. Generally the lawsuit should be brought in the court where the parties work or reside. |
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| Trial Court (State Court System) |
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| Limited Jurisdiction. This is where a lawsuit begins. Initial procedings and dispute. Determine facts, rule of law, and apply to the facts. |
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| Review findings at trial level. Do not hear from witnesses. Take a look at what the trial did and determine whether the trial court committed any errors. |
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| What judicial circuit is Pinellas? |
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| Sixth Judicial Court Circuit. |
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| What is the name of our Appellate court? |
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| The Second District Court of Appeal (Lakeland) |
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| The highest court in the state court system. FLorida Supreme court has to review capital cases. (Death Sentence, Mandatory!) |
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| Alternative Dispute Resolution |
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Definition
Out of court methods to resolve a case.
Can save alot of money!! Can be alot quicker. Can be private. Parties are often able to preserve their relationship. |
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| A third party (The mediator) helps the disputing parties to settle the case. Mediator does not make a decision. |
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| An out-of-court procedure in which a dispute is presented to one or more persons (arbitrators), whose decision is binding on the parties. |
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| Both parties engage in various activities to discover facts of the case from the other party and whitness.One of the functions is to prevent surprise. Allows the party to preserve evidence. |
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| Sworn, oral testimonies given by a party or witness prior to trial. *(Party to the lawsuit must give their deposition.) WItness can either depose voluntarily or we can seek a court order (subpoena) to force them to depose. Used to impeach the witness. |
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| Written questions submitted by one party of a lawsuit to the other party. Answers to these questions are signed under oath. |
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| Questions to the responding party phrased in an "admit" or "deny" format, giving no opportunity for explanation, and binding the responding party to its admissions. |
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| Permit the court to direct the attorney's or parties to appear before the court for a pre-trial hearing or settlement conference. |
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| Case Management Conference |
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| Florida based. This is the first thing that takes place. Can this possibly be settled? Set the time for the trial. Put limits on discovery. |
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| Limit expert witnesses, simplifying the issues. |
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| Case is before a judge only. Judge is decider of questions. |
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| Judge decides questions of law, jury decides questions of fact. |
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| In Florida, we need 6 jurors for civil cases and 6 for criminal cases. Except 12 for the capital criminal cases (Death) and 12 for eminant domain. |
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1. Direct Examination - After witness is sworn in, the plaintiffs attorney questions the witness.
2. Cross examination - Defendants attorney can question the witness.
3. Re-Direct - The attorney who called the witness has an opportunity to ask questions. |
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| Standards of Proof. Civil and Criminal |
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Civil - Preponderance of the evidence (one party's case is slightly more credible.)
Criminal - Beyond a reasonable doubt. |
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| French word for a wrong. A tort is a violation of a duty imposed by the civil law. Looking for compensation. |
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| Money intended to restore the plaintiff to the position she/he was in prior to the injury. *(Medical Expenses,including those that are in the future.) *(Lost Wages.) *(Pain and suffering.) |
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| Money intended to punish the tortfeasor (the defendant) for conduct that is extreme and outrageous. |
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| Harm caused by a deliberate action. (even if the harm is unintended.) |
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| The fear of immediate harm or offensive contact or any action that stimulates reasonable apprehension of imminent harm. No physical contact required for assault. |
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| Unauthorized and harmful or offensive physical contact with another person. |
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| The intentional confinement or restraint of another person without authority or justification and without that persons consent. |
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| When a trial is unfair, the trial was fundamentally flawed. Biased judge, etc. In florida, have a short time to make this motion. Very flawed and unfair. (Very expensive to start over.) |
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| Intentional infliction of emotional distress. The disturbance of a person's peace of mind by another's outrageous conduct. |
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| Appropriation, Intrusion upon a person's private life, placing someone in a false light, and public disclosure of private facts. |
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| Unreasonable risk of harm |
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| A person has a legal duty to act reasonably and avoid harming others. |
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| Must act in a reasonably, professional standard manner. |
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| Reasonable person standard. |
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| "Normal Person" Isn't a professional, not acting in a professional way. "Did this person act like a normal person?" |
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| To correct or warn of damages that the owned knows or should know by the use of reasonable car, and which the visitor cannot or should not know of through the use of reasonable care. |
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| Invited on the property for business reasons. Has the same obligations to the public as public invitees. |
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| "Social Guest." Someone you invite to your house for dinner. Has the same obligations to the public as the public and business invitee. |
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| Someone who comes onto the property for their own "Salesperson" Refrain from willful or wanton injury. Cant purposely injure the uninvited licensees. |
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| Coming onto property w/o rights. Doesn't have an invitation. Same as the uninvited licensee. |
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| Known as the "but, for" test. But for the defendants negligence, but for the defendants wrongful act, the plaintiff would not have been injured. |
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| Prove that the plaintiffs injuries were forseeable. Test of forseeability. Were the defendants actions forseeable in causing the plaintiffs injuries? |
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| The facts imply that the defendants negligence was the cause of the accident. (Blame is on the defendant) |
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| Relieves medical professionals from liability for injury caused by their ordinary negligence when they stop and render aid to victims in emergency situations. Any person that acts in a reasonable way while giving aid gets immunity. |
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| Many states make a tavern and bartender liable for injuries caused to or by patrons who are served too much beer. |
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| Damages are apportioned according to fault. "Walk within the lines." |
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| Presumed Innocent until... |
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| The gov't to prove that the defendant is guilty. |
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| The defendant has to be found guilty... |
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| Beyond a reasonable doubt. |
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| Max penalty = death or life without parole. |
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| Max Penalty = up to 30 years or life if the statute provides so. |
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1st degree = 1 year
2nd degree = up to 60 days. |
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| The taking of personal property with the intent to steal it. No force/fear (Theft) |
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| Property is ____ while people are ___. |
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| The wilful burning of the dwelling of another person |
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| Fraudulently making or altering a written document that affects the legal liability of another person. Intent to defraud. |
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| Fraudulent conversion of property or money owned by one person but entrusted to another. |
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| illegal payments or offers to pay someone. When someone offers the bribe, they are guilty. |
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| Corporate Criminal Liability |
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| Corporations are liable if an employee commits a crime. |
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| Used by federal and state courts, the defendant has a mental disease/defect, and they cant appreciate the wrongfulness of their conduct or conform their conduct to the requirements of the law. |
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| Florida uses this. "Right wrong Test." Defendant must show that they have suffered an identifiable mental disease, and because of that they did not know their act was wrong. |
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| Individuals who are arrested must be informed that they have a right to remain silent and a right to an attorney. These rights may be waived if the waiver is knowing and voluntary. |
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| Trespass to Real Property |
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| Unauthorized entry onto the plaintiffs land, either by a person or by an object the person caused to enter the land. |
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| Trespass to personal property |
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| Unjustified interference with another person's personal property or interference with that person's enjoyment of his or her personal property. |
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| Taking or using someone's personal property without consent. |
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| A false communication by the defendant to a third person that harms the plaintiff's reputation. |
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| A false, material representation of fact that the defendant either knows to be false or recklessly makes knowing that the information is complete. |
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| The actual or apparent willingness for conduct of another to occur. Must be informed and freely given |
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| An individual defending his or her life or physical well-being, either from real or apparent danger, may use reasonably necessary force, or resort to reasonably necessary action, to prevent harmful contact. |
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| Defense or assistance of others. |
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| An individual can act in a reasonable manner to protect or assist others who are in real or apparent danger. |
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| An individual may use reasonable force to remove an intruder from the individual's home or to restrain the intruder for a reasonable time. |
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| Allows the defendant to interfere with the property interests of an innocent party in order to avoid a greater injury. |
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| Exists in courtrooms and legislative hearings. |
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| exists between two people who have a legitimate need to exchange information. |
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