New laws designed to address specific problems in our society and to set forth rules to regulate areas of concern

Judge-made law

The judiciary has the authority to interpret the laws and to establish standards of care

The Action

The Facts

The Issue

The Opinion of the Court

What kind of case is it?

What remedy is being sought?

What happened?

Who did what to whom?

What did the court decide?

What is the courts justification for the decision?

The appellate court decides to send the case back to the trial court

Because the trial judge committed an error, additional evidence must be obtained, the lower court's decision must be clarified

If one is able to ascertain who enjoys favored status with the law, it is often possible to predict the outcome of a case without even knowing the law

Minors and institutions enjoy favored status with the law

Stare decisis

The process whereby judges apply the decisions and rules of prior cases to the case over which they are currently deciding

Involves the rights of society, and those rights are usually represented by a governmental agency

Criminal, constitutional, and administrative law

Governs those agencies created by the legislature to deal with specialized areas and has staffed the agencies with experts in the field

A governmental body charged with administering and implementing particular legislation

Example: FDA, EPA, FBI, CIA, DEA, SEC

Involves matters between individuals

Contract, tort, property, family, and cyber law

Deals with the rights and duties that arise out of the ownership or possession of real property and personal property

Personal property that is not a physical object

Example: patent, invention

Describes the evolving area of law dealing with the tasks and transactions handled over the internet and other digital networks

The legal rules that deal with the structure and process for the control and management of companies

Legitimate enterprise

Criminal operation

Businesses that fall in the middle of the two

Principles designed to assist professionals with transacting business with honesty and integrity

Example: the Hippocratic Oath

A trained person, usually a healthcare professional, who in good faith renders emergency care at the scene of an accident or emergency to the victims thereof without making any charge shall not be liable for any civil damages as a result of any act

If no special relationship exists, there is no duty to render care

Special relationships: between members of a family, between employers and employees, between providers of public transportation and their passengers, or between owners of a business and their customers

Focuses on the consequences (short and long term) of any particular action for all individuals affected

Which action produces the most happiness for the greatest number of people?

Concerned with the reasons for action, not just the results

Universality: whatever we choose to do must be behavior we would be willing to have done to everyone, including to ourselves

A person who, believing that the public interest overrides the interest of the organization he serves, publicly blows the whistle if the organization is involved in corrupt, illegal, fraudulent, or harmful activity

Tangible benefit loss

An employee is expected to give into sexual demands or suffer the loss of some specific job benefit: a raise, a promotion, or even the job itself

Occurs when a woman is constantly subjected to sexual harangues and obscenities in her workplace, or when she must repeatedly refuse unwanted sexual advances from her supervisor

There is no economic loss

Attempts to deal with the problems of what to do in circumstances where ethical morals and dilemmas exist as a result of varying cultural practices

The Supreme Court has the power to declare a law of Congress unconstitutional

Trial court

The court of original jurisdiction

The intermediate appellate court within the federal court system    

Eleven of the circuits hear cases on appeal from the district courts within a particular circuit

The twelfth circuit hears cases from the District of Columbia

The thirteenth circuit is The United States Court of Appeals for the Federal Circuit: hears appeals involving tort claims against the United States government, patent cases, and appeals from the United States Court of Federal Claims and the Court of International Trade

The Supreme Court of the United States

The highest court of the land and is the final arbiter of all legal disputes

Supreme Court decisions establish precedent and bind all other courts

A court of both original (cases involving Ambassadors, Consuls, litigation between the federal government and a state as well as suits between states) and appellate jurisdiction

One Chieft Justice and eight Associate Justices

They are appointed by the President and confirmed by the Senate

An activist

A justice who views his or her role as bringing about social change

Appointed by a Democratic president

A justice that tends to believe that his or her role is merely to make sure that a rule is constitutional

Appointed by a Republican president

Rule of Four

The court of original jurisdiction in Pennsylvania

Three divisions: trial court, family court, orphan's court

The court in Philadelphia created to handle small disputes

Criminal (5 years or less imprisonment) and civil ($10,000 or less)

No right to a jury trial

The Sixth Amendment

Eight Jurors

Doesn't need to be unanimous

Refers to the power of a court to determine the merits of a dispute and to grant an aggrieved party relief

Requires the court to have power to exercise its authority over the defendant

A court is considered to have jurisdiction over the parties when the defendant has “minimum contacts” with the state where the court is located

Minimum contacts

Generally deemed to exist when the defendant takes actions that are purposefully directed toward the forum state

Long arm statutes

Deal with a non-resident who commits a tort within a state, a party who owns property within a state, and one doing business in a state

The rule of serving a defendant where the defendant can be found was expanded over time by the passage of long arm statutes that allow a jurisdiction to reach beyond the state boundaries to serve a defendant with the lawsuit

Venue

The place where a case should be heard

The plaintiff decides, and the decision is not overturned unless the defendant cannot obtain a fair trial because of prejudice or bias

Forum non-conveniens

The place of the trial is inconvenient for the parties and the witnesses involved in the litigation

A court may refuse to exercise jurisdiction over the parties if it would be more convenient for a court in another jurisdiction to hear the case

Standing

The plaintiff must show that he or she has actually been injured by the action that is the subject of the lawsuit

Relief sought by the plaintiff must either correct or compensate for the harm alleged in the lawsuit    

Full Faith and Credit

A constitutional mandate that requires each state to uphold the laws and decrees of every other state

A judgment in one state will be enforced in another state

Comity

This principle allows for the courteous recognition of the rules and laws of a foreign jurisdiction

States are not mandated to enforce the laws and judgments of another country, but determines on its own the extent to which it will provide courtesy and respect to a foreign sovereign taking into consideration the state’s international obligations and rights of its own citizens

Rules of Civil Procedure

Pleadings

Discovery

Trial

The pleadings consist of the initial documents filed with the court that set forth the theories of liabilities and damages requested by the plaintiff and the defenses by the party being sued

The pleadings establish the boundaries of the lawsuit since matters not asserted are generally waived (if you don’t bring something up in the pleadings, it will be lost)

Allows each party to find out more about the opponents case

Witnesses can be questioned under oath (depositions), and counsel may obtain copies of an opponents documents and trial exhibits

Medical or psychological examinations of a party may be ordered if relevant to the case

Evidence is presented, witnesses are cross-examined, and factual disputes are resolved by the rendering of a verdict in favor of one of the parties

The plaintiff has the burden of proof

 In order for the plaintiff to win, the evidence of the parties is put on a scale and the plaintiff must tip the scales in his or her favor

 Often used in a commercial setting where both parties agree to have a third party or arbitrator resolve the controversy

The parties agree to abide by the arbitrator’s decision and they are involved in a binding arbitration, and the court will automatically enforce the arbitrator’s award

Both parties agree on who the impartial arbitrator will be

Arbitration is binding (courts will rarely overturn an arbitrator’s decision unless there is clear evidence of fraud or gross misconduct)

Used primarily in disputes between labor and management, but also is suited for disputes between neighbors and family members

A mediator makes recommendations to the parties in order to aid them in solving their differences

Used when both sides are constrained by time and can afford to hire a private judge (usually a retired judge)

The parties may or may not be represented by a lawyer

This method is helpful for business disputes involving long processes of fact-finding

The centers receive their cases from local police or magistrates’ offices

The goal is to avoid having the disputes escalate to the point where the criminal court system takes over

The voluntary exchange of promises between two or more entities creating a legal obligation that is enforceable in court

Uniform Commercial Code

When one party makes a promise in exchange for an act

Once the party to whom a unilateral offer has been extended starts to perform the requested act, that person must be given a reasonable time to complete the job

Created when the parties exchange mutual promises to do some future act

Both the buyer and seller are bound by their promises and are under a legal obligation to perform under the terms of their agreement

A Contract in which the parties spell out the specifics of their agreement in direct terms

Implied-in-fact Contract

It is reasonable to infer that the parties intend to create a contract by their conduct

In other words, it is formed by the actions of the parties

 Implied-in-law or quasi-contract

Arises in order to prevent unjust enrichment

Presumes that the parties intended to form a contract

Either party may seek court intervention to uphold the terms of the bargain

Voidable Contract

One of the parties has the legal right to withdraw from the arrangement without liability

Until this right is exercised, however, the contract remains valid and enforceable 

Example: a contract with a child

Void contract

Occurs when the agreement lacks one or more of the essential elements of a valid contract and can be attacked by either party to the agreement

Example: agreement to perform an illegal act, or a contract which lacks consideration

Unenforceable Contract

A contract that satisfies the technical requirements of a valid contract but will not be enforced by the court

This type of contract leaves the aggrieved party without a remedy

o   Example: a contract for the sale of land must be in writing to be enforceable

A proposal by one party (offeror) to the other (oferee) manifesting a willingness to enter into a valid contract

An offer must be:

a definite proposal

made with the intent to contract

communicated to the party for whom the offer is intended

The unconditional promise made by a party to be bound by the terms of the offer

Acceptance must be:

made with the intent to contract

communicated to the offeror

unconditional

Postal Reorganization Act

Silence as Acceptance

The auctioneer is merely inviting people to make offers and no contract is formed until the gavel is struck

A reserve price is a hidden amount that the seller will accept for the item

The highest bidder obtains the product regardless of the bid    

The request for bids is merely an invitation to negotiate, and the bid constitutes an offer that can be accepted or rejected even if it is the highest one

Acceptance of the offer takes place as soon as it is mailed and not when it is received by the offeror

Cancellation of an offer is effective on receipt

What each party gives up in return for the act or promise of the other    

Quid pro quo: bargained for exchange

Elements of consideration:

It must appear that most parties intend to incur legal rights and liabilities

The bargained for exchange must have legal value

The value of the bargain does not have to be equal as long as fraud or undue influence is not present

One in which the act of performance is left solely to the discretion of one party

The promisor has in effect agreed to do nothing but creates an illusion that mutual obligations were exchanged

Primarily liable for the debt as though he or she borrowed the money    

When one of the individuals who entered into a contract does not have the ability to fully understand the ramifications of the contractual obligation, mutual assent to bargain is lacking

The law requires that the purpose and subject matter of an agreement be legal in order for the contract to be valid

A contract is illegal if its performance is criminal, tortious (wrongful), or against public policy

Illegal contracts are void and neither party may seek court intervention to enforce the obligation even when one party performed the act or promise specified in the agreement

Certain types of contracts must be in writing and signed by the individual against whom enforcement is sought

If the agreement requires the seller to deliver the items to a specified destination, the risk of loss does not pass until the items have been delivered to that destination

The user is required to click through a series of screens before a program can be successfully installed

Computer software is contained in a box and packaged in cellophane shrinkwrap

By opening the envelope or by using the software, the buyer agrees to be bound by the terms of the license

A private civil wrong committed against another for which the law provides an award of money damages    

A person who commits a civil wrong    

Deals with an unintentional wrong committed against or by a person or business entity

The failure to do what a reasonable person would do under the circumstances

A duty must be owed

There must be a breach of that duty

The negligence must be the proximate cause of the harm

The aggreived party must sustain damages

The plaintiff must establish the burden of proof

Establishes the type of behavior a person must exhibit in a given situation

The basic rule is that a person must conform to the standard of care of a “reasonable person under the circumstances”

One who comes upon the premises of another without consent and with no legal right to be on the property

The landowner will be liable if the conduct is willful and wanton    

A person who comes on the property of another with the owner’s consent or with the legal right to be on the land

Example: social guest or a person walking on the sidewalk, mailman, police officer

The landowner is liable to a licensee for a defect on the property that the owner or possessor of land knew of or should have known of, and the guest is not likely to discover

One who enters the premises for a business purpose

The landowner is liable for a defect that he knew of or should have known of, and the visitor is not liable to discover

A business establishment owes a duty to make a reasonable inspection of the premises to make sure it is safe for the business visitor

A person whose conduct is willful and wanton intends his act but not the resulting harm

The law imposes liability upon a commercial seller of liquor for personal injury caused by an intoxicated customer

Occurs if a duty is owed, and a person fails to fulfill that obligation

Requires that there be a reasonable connection between the negligence of the defendant and the harm suffered by the plaintiff    

The amount of money awarded to an injured person as the result of the wrongful or improper conduct of the defendant

May be claimed if the conduct of the wrongdoer is outrageous

The law will punish the party by awarding an additional sum of money to prevent the conduct from ever occurring again

Purpose is to make an injured party whole by providing a sum of money that will return the aggrieved party to a position as though nothing had ever happened

If the plaintiff knows of the danger but voluntarily exposes himself to the harm, the plaintiff will be barred from recovery

Because of a special relationship that exists between the parties, one person can be held liable for the negligence of the other

When the wrongdoer purposely sets out to harm another, that conduct gives rise to an intentional tort and may result in the imposition of money damages

The intentional touching of the body of another or an object closely associated with the body in an offensive or harmful manner

An act intended to put another in fear of an immediate battery

A statement is defamatory if it is false and intends to harm the reputation of another or to lower him in the estimation of the community