BLAW Exam 1

Jurisdiction in Cyberspace

"Sliding Scale" Standard used to determine jurisdiction over a non-resident defendant. <---------------------------------------------------> Passive Website Substantial Business Interest -Doing business in multiple states (like "at home" and minimal contacts) Does a state court have jurisdiction over: 1. Persons doing substantial business over the internet? -Yes (do they have presence in that state) 2. Some interactivity between persons on a Web site? -No (mostly) -Case Example 4.5 Delahoussaye v. Boelter (2016): Person found a bike online from someone who lives in Wisconsin. The front wheel was disconnected, so he sued in the state he lives in (Louisiana). The court ruled they did not have jurisdiction over him since he had no minimal contacts, only discussed it over the internet, and the bike was shipped to Louisiana and the case was dismissed. *Cannot argue lack of jurisdiction where you live! (easier to do when you are familiar with the laws) 3. Persons behind passive advertising? -No

Doctrine of Stare Decisis

"To stand on decided cases." (work backwards) -Deciding new cases based on precedent. -Judges are obligated to follow the precedent within their jurisdictions. -> A higher court's decision based on certain facts and law, is a binding authority on lower courts. -> Courts may depart from the rule of precedents. -Stare decisis helps courts stay efficient and makes the law more stable and predictable.

The Regulatory Powers of the State

-10th Amendment reserves to the States all powers not expressly delegated to the national or federal government. -Police Powers: Powers possessed by the states as part of their inherent sovereignty. -> These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare. -> Constitutional basis for enacting numerous laws that regulate business activities (zoning, licensing, etc.). *Most laws come from 10th Amendment/State Legislation

Freedom of Religion

-1st Amendment states that the government 1. May neither establish any religion -> Establishment Clause 2. Nor prohibit the free exercise of religious practices. -> Free Exercise Clause *Your right not to be religious is also protected under 1st amendment The Establishment Clause: -Prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another. -Government regulations that do not promote or place a significant burden on religion are constitutional even if they have some impact on religion. Case Ex. 2.10 Trunk v. City of San Diego (2011) -> Forty-foot cross located at federal war memorial removed. -> War memorial was private, but Congress took it into governmental control and Jewish war veterans complained the cross was under Christian hands -> The huge cross expressed Christianity rather than Judaism and was removed The Free Exercise Clause: -Prohibits the government from interfering with people's religious practices or forms of worship. -Government regulations that have a compelling state interest for restricting religion, AND the restriction is the only way to further that interest is permitted. Case Example 2.11 Holt v. Hobbs (2012). -> Prison rule prohibiting inmate from growing beard violated his religious freedoms because it was not the least restrictive manner in which to uphold the prison's compelling governmental interest in safety. -> Muslim man was in prison and wanted to grow a beard, but it was not allowed (safety and disguises) which violates free exercise of religion -> Supreme Court reversed it and agreed it violated his rights (beard had to be ½ inch long) The Free Exercise Clause: Public Welfare Exception... -The government may regulate religious practices that work against public policy and the public welfare. -An individual's religious beliefs may be subordinate to the government's interest in protecting the public. Ex. 2.13: No headgear (including religious garb) permitted in courtrooms due to public safety concerns. -> Passport photos must show full face (no masks or head coverings that cover the face, but can still be worn)

Equal Protection Clause

-A provision of the Fourteenth Amendment that requires states to treat similarly situated individuals in a similar manner. -U.S. Supreme Court has used the Due Process Clause of the Fifth Amendment to extend the Equal Protection Clause to the federal government. -> If a law limits the liberty of some persons, but not others, it may violate equal protection. -Similar to substantive -Intermediate scrutiny = Gender, everything else is rational basis test

Alternate Dispute Resolution

-ADR refers to methods of resolving disputes other than those involved in the traditional judicial process. -Unless court-ordered, there is rarely a record of the proceedings. Adv: trade secrets. -ADR typically refers to 3 forms: 1. Negotiation 2. Mediation 3. Arbitration -Methods of ADR range from the parties sitting down together and attempting to work out their differences to multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts. -Parties themselves can control how they will attempt to settle their dispute, what procedures will be used, whether a neutral third party will be present or make a decision, and whether that decision will be legally binding or nonbinding.

Equitable Remedies and Courts of Equity

-Are notions of justice and fair dealing (prevent something unjust from happening) -Trial court has power in law and/or equity Remedy: To enforce a right or compensate for injury to that right. Remedies at law: In king's courts, remedies were restricted to damages in either money or property. Remedies in Equity: Founded on notions of justice and fair dealing. (apply to court or tribunal of equity) -King's chancellor or formal chancery courts does what is right: Specific performance ("give me this outcome, x or y")/(fighting for ownership and asking item to be given to you), Injunction ("stop doing x or y"), Rescission (property that is exchanged is returned and money is given back). -> Plaintiffs (injured party initiating the lawsuit). -> Defendants (allegedly caused injury).

Subject Matter Jurisdiction

-Authority of a court to decide a particular kind of case -Subject matter jurisdiction is jurisdiction (the power of the court) over the subject matter of the lawsuit. -Limitation on the types of cases a court can hear. 1. General (unlimited) jurisdiction. Which federal and state trial courts have general jurisdiction? -> Work Force Trial Court 2. Limited jurisdiction. -May be limited by the subject of the lawsuit; the sum in controversy; whether the case involves a felony or misdemeanor; whether the proceeding is a trial or an appeal. -Supreme Court has limited jurisdiction along with small claims, municipal, justice of the peace, juvenile, domestic, and probate division

Due Process of Law

-Bill of Rights (first 10 amendments) originally limited the powers of the federal government. -Fourteenth Amendment passed in 1868 after the Civil War provides, in part, "no State shall deprive any person of life, liberty, or property without due process of law." -The U.S. Supreme Court defined various rights guaranteed in the Bill of Rights as constituting "due process of law," which was required of state governments under the 14th Amendment. *Give people reasoning why they are being charged and a right to fight (due process)*

Jurisdiction over Corporations

-Businesses such as corporations are considered legal persons. -Courts use the same principles to determine whether to exercise jurisdiction over a corporation. -Personal Jurisdiction 1. State in which it is incorporated, has its principal office, and is doing business. -> Long-Arm Statute for out-of-state corporations. *Look for minimum contacts to make it fair Long-Arm Statute or Corporate "Minimum Contacts": -This requirement met if the corporation only in states where it does substantial business that it is "at home" in that state. 1. Trial courts determining jurisdiction will look to the amount of business that the corporation does within the state, relative to the amount it does elsewhere. Case Ex. 4.3 State ex rel. Norfolk Southern Railway Co. v. Dolan (2017)... -Parker is a resident of Indiana and suffered an injury in Missouri, so Norfolk is pulled into Missouri (long arm) and they are "at home" for it to be fair -Missouri court said there were no minimum contacts because neither of them are from there and not registered for that state (passing through the state is not enough) -Must have jurisdiction over the defendant (if they are out of state, must use long-arm statute to bring them back into jurisdiction) -At home = How much business a company does where they are not a resident (out of state franchise) Example (Jurisdiction over a company): -Acme Inc, is incorporated in Delaware. Its principal office is in New York City, NY and it has a branch office in State College, PA. Acme has a plant in in Altoona, PA and sells goods widely in PA and Trenton, N.J. -> Personal jurisdiction in which states? Delaware and NY -> Long Arm statute jurisdiction in which states? PA only -Delaware is the home of Acme (1), NY has the main office (1), PA has a plant and branch office (2), NJ is where goods are sold (cannot sue here since not enough business is done and it is not "at home"). Can always file suits in Delaware and NY, sometimes PA -Personal jurisdiction: 1. Resident/Domiciled 2. Long-arm Statute (minimum contacts)

Business Activities and the Legal Environment

-Businesspersons must be aware of what conduct may lead to legal liability. -Business persons must develop critical thinking and legal reasoning skills so that they may evaluate how various laws apply to a particular situation. -Many different laws may affect a single business transaction. -Businesses must think about risk of loss and how different laws affect transactions Liability: The state of being legally responsible (liable) for something, such as a debt or obligation.

International Jurisdictional Issues

-Commercial activity over the internet crosses geographic boundaries. -How do courts decide what constitutes sufficient "minimum contacts" when the non-resident defendant's only contact to the jurisdiction is through a website? Case 4.1 Gucci America, Inc. v. Wang Huoqing (2011): Who are the parties? -Gucci and Wang What triggered the lawsuit? -Huoqing was selling knock offs on his own website (trademark infringement) What was the evidence that the trial court used to determine whether or not jurisdiction existed over the defendant? -His infringement items that he shipped What was the outcome of this case? -There were minimal contacts and tried to prevent him from selling goods outside the jurisdiction -Domiciled in NY -Huoqing had no American presence (emailed him to come to court) and he never showed up to court. -Can you exercise jurisdiction over his website being the only contact? -> Yes (exists where they conduct activity/make transactions)

In Rem Jurisdiction

-Court jurisdiction over a defendant's property. -In rem jurisdiction is the power of the court to decide issues relating to property of lawsuit located within its geographic borders.

Freedom of Speech

-Democratic governments flourish through robust participation by its citizens/residents. -Free speech includes nonverbal expressions of belief, known as "symbolic speech." -> Includes gestures, movement, articles of clothing, and other forms of expressive conduct. -Expression (oral, written or symbolic) is subject to "reasonable restrictions." -> A balance must be struck between a government's obligation to protect its citizens and those citizens' exercise of their rights. -Symbolic speech must express some type of a message -Can limit speech (is obsolete) -Governments create peaceful spaces and allow people to flourish, but they have boundaries Reasonable Restrictions: 1.) Content-Neutral Laws 1. Laws that regulate the time, manner, and place, but not the content of speech. 2. Upheld if governmental restriction aimed at combatting some secondary societal problem (ex. crime) AND not aimed at suppressing the expressive conduct or its message. Ex: Ratings on TV show is a law which regulates a time, manner, and place (kid shows have different words and run at different times of day than an adult show) -Political rallies can have time, manner, and place restrictions and need a permit to have one in a certain place and free speech still has limits (no threats) Case Ex: Person was charged for dancing nude at an annual protest and the time, manner, and place restriction charged her because of the audience members and being in the wrong place (not a club). She complained it violated her free speech which is not true. State law upheld that banned public display of open and gross lewdness in situations in which there is an unsuspecting or unwilling audience. 2.) Laws That Restrict the Content of Speech 1. Upheld if laws that regulate the content of speech serve a compelling state interest AND are narrowly written to achieve that interest. Case Ex: Prevented talk of nuclear power at a company and Con Edison sued because it violated his free speech and Supreme Court did not find a reason why they couldn't discuss it, so his rights were violated (just because people are uncomfortable, it does not make it illegal). Supreme Court could not find a compelling reason for NY Public Service Commission to prevent utilities from discussion public policy (nuclear power) in correspondence with customers.

Sky v. Van Der Westhuizen Case

-E-mail purporting to be from Sky's employees and customers was sent to the CFA, alleging, among other things, that her cats were kept in deplorable conditions and treated cruelly and inhumanely. Reviews were posted online stating that Sky was "a crazy cat lady" whose medical license had been revoked due to drug abuse. The e-mail and posts were false. Sky filed a suit in an Ohio state court, alleging defamation and emotional distress. -The author of the e-mail and the reviews as Hilde Van Der Westhuizen, a competing breeder. The court entered a judgment in Sky's favor and awarded her damages for the harm to her reputation, loss of income, and emotional distress. -It supported the judgment and award of damages for the harm to Sky's reputation as a breeder and a doctor. Sky testified that after the e-mail was sent, she was shunned in the breeding community and lost revenue as a result of a decrease in the sales of her kittens. She also lost ten patients as a result of the damaging reviews posted online and received fewer physician referrals.

Supremacy Clause

-Establishes that the U.S. Constitution, treaties, federal laws (statues and case law), and federal regulations are the supreme law of the land. -> Art. VI of the U.S. Const. -Case Law = Work of Judges -Preemption comes from the supremacy clause Preemption: A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. 1. Occurs when Congress chooses to act exclusively in a concurrent area. Need Congressional intent! 2. A valid federal statute or regulation will take precedent over a conflicting state or local law in the same general subject/area (regulate the same places, but outcomes are different; positive vs. negative)

Standing to Sue

-In order to bring a lawsuit, a party must have "standing to sue." -Standing means that the party that filed the action in court has a legally protected interest at stake in the litigation. The party bringing the lawsuit must have suffered a harm, such as physical injury or economic loss, as a result of the action that will be the focus of the lawsuit (Can have it on behalf of another person (minor or mentally disabled person)) 1. Legally protected and tangible interest at stake in the lawsuit. 2. A real and substantial controversy (not hypothetical or academic). -Case Example 4.6 Wagner v. CitiMortgage, Inc. (2014): Wagner got a loan through M.S.T. Mortgage Group to buy a house in Texas. After the sale, M.S.T. transferred its interest in the loan to another lender, which assigned it to another lender. Wagner failed to make loan payments and CitiMortgage notified him that it was going to foreclose on the property and sell the house. Wagner filed a lawsuit claiming that the lenders had improperly assigned the mortgage loan. A federal district court ruled that Wagner lacked standing to contest the assignment. Under Texas law, only the parties directly involved in an assignment can challenge its validity. In this case, the assignment was between two lenders and did not directly involve Wagner. Ex: Amy's boyfriend Bill is injured in an accident caused by Carl. Bill refuses to sue. Can Amy sue Carl? -No, she was not injured Can anyone sue on behalf of Bill? -Yes, his guardian (if he is found to be incapacitated) or his parents if he is a minor, or his wife if he is married, or the legal representative of his children, if he has any children.

Venue

-It is the most appropriate location for the trial. 1. Where the dispute occurred; or 2. Where the parties reside. -> When is a change of venue granted? Ex: Adam is resident of NY. Beth is a resident of PA. Which state court should hear the following issues? -While driving in PA, Beth ran into Adam's car. ->PA -From NY, Adam mailed Beth a defective toaster -> Both states arguably *Need jurisdiction and venue to file a lawsuit*

The Judiciary's Role in American Government

-Judicial review is the process through which the courts: 1. Interpret and apply laws passed by the legislature, or 2. determine the constitutionality of acts by the legislature or the executive (federal and state). What is the source of the courts' power of judicial review? -Marbury v. Madison (1803)

What is Law?

-Law is a set of enforceable rules that regulates the conduct of individuals, businesses and other organizations within society (regulations of behavior or conduct/expectations) -Always regulates conduct and is enforceable! How does the law serve society? 1. Keeps the peace 2. Create a set of rules people can refer to (provides remedies) 3. Gives vehicles to handle disputes (juries, judges, etc.) Gives protected property rights. Where do these "enforceable rules" come from? -2 sources of law: Primary and Secondary: 1.) Primary Sources: A document that establishes the law on a particular issue, such as a constitution, a statute (bills and laws), an administrative rule (Clean Air law from Senate), or case law (judges issue opinions on disputes) 2.) Secondary Sources: A publication that summarizes of interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review. -Courts refer to these sources for guidance in interpreting/applying the primary sources of law.

Arbitration

-More formal method of ADR. -Parties choose an impartial third party (arbitrator) to hear and decide the dispute. -Arbitrator's award is legally binding in most cases. -> Parties may agree to non-binding arbitration at the onset. -Arbitration award is final unless: 1. Arbitrator acted in bad faith or exceeded her powers. 2. The award violates an established public policy. -Arbitration differs from other forms of ADR in that the third party hearing the dispute makes a decision for the parties -Any commercial matter can be submitted to arbitration. Parties often have an arbitration clause in their contract specifying that any dispute arising under the contract will be resolved through arbitration. Most states have statutes under which arbitration clauses will be enforced. Some state statutes compel arbitration of certain types of disputes involving public employees (e.g., NYC subway operators). The Federal Arbitration Act (FAA) enforces arbitration clauses in contracts involving maritime activity and interstate commerce.

Mediation

-Parties attempt to negotiate an agreement with the assistance of a neutral third-party, who acts as a communicating agent and assists them in negotiating a settlement. -Mediator talks face to face with each party to determine common ground. -Non-adversarial setting allows parties to be creative in coming up with solutions. -Mediator suggests resolution; parties may adopt it or not. -They do not make a decision resolving the matter. States that require parties to undergo ADR before trial often offer mediation as one of the ADR options or (as in Florida) the only option. -Not as adversarial as litigation (come to a mutual decision)

Due Process Clause

-Rights that impact businesses -Provisions of the Fifth and Fourteenth Amendment that guarantee that no person shall be deprived of life, liberty, or property without due process of law. -> Person means both legal and natural persons. -Clause has two aspects known as procedural due process, and substantive due process. Aspects of Due Process: 1.) Procedural Due Process: -Any government decision to take life, liberty or property must be fairly made. -Persons are provided notice and an opportunity to be heard. -Procedural = Subject of regulation should be given notice and an opportunity to be heard (see evidence against you and defend yourself). Understand why the government is doing this to you (must be fair, reasonable, and have a legit government objective) 2.) Substantive Due Process: -Limits what the government may do in its legislative and executive capacities. -Legislation must be fair and reasonable in its content and must further a legitimate governmental objective.

Negotiation

-Simplest form of ADR. -Informal discussion where parties air their differences, with the goal of resolving their dispute. -May be conducted with or without counsel. -May be mandatory in some courts as a preliminary step before proceeding to trial. -Parties together reach resolution (or not). -Attorneys frequently advise their clients to negotiate a settlement voluntarily before they proceed to trial. Parties may even try to negotiate a settlement during a trial or after the trial but before an appeal. -Involves attorneys and their clients

Federal Form of Government

-System whereby states form a union and sovereign power is divided between the central government and the member states. -U.S. Constitution set forth the sovereign power to be exercised by the central or federal government. Ex: immigration and bankruptcy -All other sovereign powers (not delegated) are "reserved to the States" (10th Amend.).

The Bill of Rights: 2nd Major Function of U.S. Constitution

-The first Congress of the United States enacted 12 Amendments to the U.S. Const. that limits governmental intrusion on individual rights. -First 10 of these Amendments known as the Bill of Rights. -> The Bill of Rights was adopted by the states in 1791. Bill of Rights: 1st function was to create the 3 branches of government -Some BOR apply to people and businesses -The rights are not absolute! No government activity should affect, and interest protected by the BOR -Supreme Court has the final say and gives meaning to constitutional rights! Business and the Bill of Rights: 1. Freedom of Speech (1st Amendment). 2. Freedom of Religion (1st Amendment). 3. Due Process of Law (5th and 14th Amendment). 4. Equal Protection of the Laws (14th Amendment).

Stare Decisis and Legal Reasoning

-The process by which judges harmonize their opinions with judicial opinions in previous cases. -> Required by the doctrine of stare decisis. -Can depart from precedent Process of legal reasoning is known as IRAC: •Issue: What are the key facts and issues? •Rule: What rule of law applies to the case? •Application: How does the rule of law apply to the particular facts and circumstances of this case? •Conclusion: What conclusion should be drawn?

Commerce Clause Today

-Theoretically, the Commerce Clause applies to virtually all commercial transactions. -Laws become more common across the nation. Case Example 2.1 Gonzales v. Raich (2005). -Federal government may prosecute individuals for possession of marijuana regardless of whether they reside in a state that allows the use of marijuana. -What is the legality of Colorado and Washington's recreational use marijuana laws? -> Focus on federal enforcement for drug trafficking (illegal under federal laws) -CA statute was invalid and federal government could not use CA law as a defense to make weed legal (one state does not represent the entire country) -Federal government can either change state laws or work with them to keep their original laws if they follow protocols.

Commerce Clause

-U.S. Const. gives Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes." (Art. I sec. 8). -> Greatest impact on business than any other Constitutional provision. -Used the most by Congress (to regulate business activity) -Only limited to one state vs. another, but changed in the Gibbons case Ex: Gibbons (appellate) v. Ogden (plaintiff/appellee) (1824). Sup. Ct. C.J. John Marshall held that power to regulate interstate commerce (all commercial activity) is an exclusive power of national government. -This power includes the power to regulate any intra-state commerce that substantially affects interstate commerce. -> 1793 statute allowed activity along the coasts (have ferry from NY to NJ and need permission to run ferry in another state's waters). 1793 statues trumped NY state law

Relations Among States

-U.S. Constitution regulates the relationship among the states of the union. -The Privileges and Immunities Clause (Art. IV sec. 2). -> Requires that states not discriminate against non-residents, e.g., not impose unreasonable burdens concerning doing business or one's livelihood. - The Full Faith and Credit Clause (Art. IV sec. 1). *Only applies to Civil Matters!* -> Rights established under deeds, wills contracts and some commercial instruments, along with judicial decisions, will be honored in other states. *Don't give a non-resident an unfair advantage over a resident (PA laws pertain to non-PA residents)

Damages Available in Tort Law

1.) Compensatory Damages: -Purpose is to reimburse injured party for actual losses. 1. Special Damages: Quantifiable monetary losses (lost wages, medical costs, etc.) 2. General Damages (individuals only): Non-monetary aspect of harm suffered, such as pain and suffering, loss of consortium, etc. 2.) Punitive Damages: -Purpose is to punish the wrongdoer and deter others from similar wrongdoing. -Awarded only where the wrongdoing is egregious (flagrant) or reprehensible (blameworthy). -> Available mainly for intentional torts; rarely in negligence actions. -How are punitive damages calculated? -> Typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.

Jurisdiction of the Federal Courts (Two Methods)

1.) Federal Questions -At least one cause of action in the lawsuit is based upon the U.S. Constitution, a treaty, or a federal law. -Tell your story and why it was illegal/reason for going to court (causes of action). Can be pure state law, but need at least one violating Federal Law 2.) Diversity of Citizenship -Plaintiff and defendant must be residents of different states; AND -The dollar amount in controversy must exceed $75,000 Case Example 4.4 Ratcliff v. Greyhound Bus Lines(2020): Ratcliff left luggage on the bus and filed a citizenship jurisdiction in NY and he had to prove he was a resident of NY. He filed in Texas (luggage was stolen in a NY->TX ride). He was not from NY and the judge did not accept it (cannot sue in Texas if you are from Texas)

3 Classifications of Torts

1.) Intentional Torts: A wrongful act knowingly committed. -The wrongdoer must intend to commit an act, the consequences of which interferes with another's legally protected interests. 2.) Unintentional Torts (Negligence): Wrongful act without the element of intent. -The failure to exercise the standard or duty of care that a reasonable person would exercise in similar circumstances. 3.) Strict Liability: Liability regardless of fault. -Imposed upon those engaged in abnormally dangerous activities; persons who keep wild animals; and manufacturers or sellers of commercially defective and unreasonably dangerous goods.

Damages Available for Defamation

1.) Libel: Defamation in writing or another permanent form. •General Damages are presumed. •Plaintiff does not have to prove that s/he was actually harmed in any specific way. 2.) Slander: Defamation in oral form. •Special Damages: Plaintiff must prove defamatory statement caused her or him to suffer actual economic or monetary losses. -Not required for slander per se categories. -Slander takes longer to spread (need to show you actually suffered losses)

2 Majors Functions of the Constitution

1.) Separation of Powers: Created 3 branches of the federal government and allocated unique sovereign powers to these branches: 1. The Legislative Branch. 2. The Executive Branch. 3. The Judicial Branch. -Branches do "checks and balances" to correlate and pass laws through each other 2.) Protects individual rights by limiting the government's ability to restrict those rights.

Classifications of Law

1.) Substantive Law: •All laws that define, describe, regulate, and create legal rights and obligations. Ex: Assistance of Counsel Clause of the Sixth Amendment. •Legally enforceable rules that manage the conduct of society (modifies behaviors) •Provide a remedy *Substantive cannot exist without Procedural* 2.) Procedural Law: •All the laws that establish the methods of enforcing the rights established by substantive law. Ex: Motion for New Trial Based Upon Ineffective Assistance of Counsel. •Enforce legally protected interests (stolen property can be filed for conversion and determine which court can solve this) 3.) Civil Law: •System of law derived from Roman law that is based on codified laws (rather than case precedents) •Spells out the rights and duties that exist between persons and between persons and their governments. •Object is to obtain a remedy to compensate injured party (money damages is the remedy) 4.) Criminal Law: •Branch of law that defines and punishes wrongful actions committed against the public. •Concerned with wrongs committed against society for which society demands redress. •Object is to punish wrongdoer and deter others from wrongdoing. •General health and welfare of society as a whole (affects the public) •Nobody should worry about significant harms (money is not a sufficient remedy)

4 Primary Sources of Law

1.) U.S. Constitution and constitutions of various states. -Gives power to different branches so they can take action (Tax and Spend -> Create IRS to track tax spending) -Can be challenged and shares government power -Defined as body of law derived from the U.S. Constitution and those of the 50 states in the union. -Constitution is the basis of all law in the U.S., and is the supreme law of the land. 1. Provides a framework for the enactment of statutes and regulations. 2. The Tenth Amendment reserves to the states all powers not granted to the federal government. -Each state has its own constitution, which is the supreme law within its geographic territory, UNLESS it conflicts with the U.S. Constitution, or federal law. 2.) Statutory Law (laws passed by U.S. Congress , state legislatures, and local governing bodies). -Enacted by the Senate, State, or Local government -Defined as the body of law enacted by legislative bodies at any level of government. -No statute may violate the U.S. Constitution or relevant state constitution. -Laws enacted become codified (included in the federal code of law or state code of law, depending on the body that passed the law (U.S. Congress or state legislatures)) -Local Ordinance: Passed by a municipality or county governing unit to deal with matters not covered by federal or state law (code for local government) -Uniform Laws: Model laws developed by legal scholars/lawyers for states to consider enacting into statute (laws for states to make statutes and need approval from all states) -> Becomes valid and enforceable only if a state legislature enacts it, e.g., the Uniform Commercial Code. -> The UCC facilitates commerce among the states by providing uniformity of the rules governing commercial transactions. Ex: Committing a crime in another state and being charges the same 3.) Regulations created by administrative agencies (e.g., SEC or EPA or IRS) -Defined as the body of law created by administrative agencies to carry out their duties and responsibilities. ->Administrative Law makes rules to carry out statutes, investigate, and resolve disputes (Federal > State) ->An administrative agency is a governmental agency created by a legislative body to perform specific functions. -Legislative bodies (Congress and state legislatures) create agencies to oversee the implementation of enacted laws. ->Enabling legislation create agencies, specifies the name, composition, purpose and powers of the agency. ->Enabling legislation grants agencies the power to make rules and regulations for purpose of carrying out the act, to conduct investigations, and to adjudicate - judicially resolve - disputes regarding its regulations. -Federal regulation takes precedent over conflicting state regulations 4.) Case law (court decisions) -Case law consists of judicial interpretations of constitutional provisions, statutes and administrative regulations. -Case law: Doctrines and principles announced in cases - governs all areas NOT covered by statutory law or administrative law. -Case law is part of the common law tradition. ->Common Law tradition is a general legal principle throughout empires and used precedent to build the law *Case Law is more than common and governs all areas not covered by statutory or admin law

Heart of Atlanta Motel v. US Case

A motel operator refused to serve an African American customer. The Supreme Court upheld the Civil Rights Act of 1964, which outlawed discrimination in schools, places of work, voting sites, public accommodations, and public areas. *Congress had the power to promote interstate commerce (commerce clause) What was the purpose of the Civil Rights Act of 1964? -To stop segregation (Brown v Board of Education). Made an equal clause. How did the law affect places of public accommodation? -They became equal and not separated What was the policy at the Heart of Atlanta Motel? -Prevented certain races from staying there Why did the motel's owner object to the Civil Rights Act of 1964? -It was unconstitutional because Congress exceeded their authority to regulate commerce (motel was a purely local character that does not affect interstate commercial activity) Did the Supreme Court rule in favor of the motel's owner? -No What was the Court's reasons for its decision? -It was part of interstate commerce, he advertised nationally and locally, accepted trade from other states, and was registered with 75% of his customers being out of state. This law applied to him

The Basic Requirements for Filing a Lawsuit

A plaintiff (person filing complaint) must meet these requirements in order to file a lawsuit: 1.) Jurisdiction 2.) Venue 3.) Standing to Sue

Elements of Intentional Infliction of Emotional Distress

An intentional act that is: 1. Extreme and outrageous, that 2. Results in severe emotional distress of another. -Is an indignity or an annoyance considered outrageous behavior? No (needs to be really bad) -> What about repeated annoyances and threats? Yes (severe emotional distress) -First Amendment limits emotional distress in cases involving outrageous speech about a public figure. Case Example 5.5 Osprey Cove Real Estate v. Towerview Construction (2017): Towerview came to believe that Osprey Cove was fraudulently taking steps to block the sale of the lots and filed suit for, among other claims, IIED. Affirming the ruling of a trial court, the Georgia Court of Appeals dismissed the claim. Both courts agreed that corporations cannot recover for IIED because they lack the ability to experience emotions -How does the plaintiff prove severe emotional distress? -> Need a physical manifestation of stress (long-term impact on the individual and affects daily living/suffering) Ex: Ulcers, headaches, hair loss. -Public figures can defend themselves through publicists/media and cannot use emotional distress to get money for the wrongdoing (harder for them to win)

Wrongful Interference with a Contractual Relationship

Arises when a third party induces a contracting party to breach the contract with another party. -Three elements required: 1. Wrongdoer knows about a valid, enforceable contract between A and B; 2. Wrongdoer intentionally induces either A or B to breach the contract; and 3. Wrongdoer gets economic benefits from breach. Case Ex. 5.15 Lumley v. Gye (1853): Johanna Wagner, who was under contract to sing for a man named Lumley for a specified period of years. A man named Gye, who knew of this contract, nonetheless "enticed" Wagner to refuse to carry out the agreement, and Wagner began to sing for Gye. Gye's action constituted a tort because it wrongfully interfered with the contractual relationship between Wagner and Lumley

Negligent Misrepresentation

Arises when the wrongdoer owes a duty of care to the wronged party (plaintiff) to provide correct information. -Requires that person making statement or omission did not have a reasonable basis for believing its truthfulness. -Is actual knowledge of the falsity of the statements required? -> No

Assault

Assault is: 1. The threat of immediate harm or offensive contact; or 2. Any action that causes reasonable apprehension of imminent harm. -Is actual physical contact necessary? -> No, deals with fear (An assault can be completed even if there is no actual contact with the plaintiff, provided the defendant's conduct causes the plaintiff to have a reasonable apprehension of imminent harm) Ex: A 6 foot, 5 inch, 250 pound man makes a fist and threatens to punch a 5 foot, 100 pound woman. The woman believes that he will hit her. Is the man's activity an assault? -> Yes, the woman believes she will be harmed

Battery

Battery is physical contact with another person that is 1. Unauthorized and harmful; or 2. Offensive and unwelcome. Is direct physical contact necessary? -> Yes -What about an offensive touch to someone's clothing? -> Yes (injury does not need to occur) -What about throwing a drink that causes an unwelcome drenching of someone? -> Yes (by some force set in motion by the defendant, such as a rock thrown by the defendant) Ex: A student pulls the chair out from under a classmate and causes him to fall on the floor. Is this event considered a battery? -> Yes, it was intentional and a type of physical contact A student blows smoke into the face of a sleeping roommate, who does not awaken. Roommate does not know smoke was blown on him. Is this event considered a battery? -> Yes, it is offensive contact

Freedom of Speech: Unprotected Speech

Certain types of speech is not protected by the 1st Amendment. 1. Defamatory (false, factual statement that harms reputations) speech. 2. Speech that violates criminal laws (e.g., inciting a riot, threatening speech). 3. "Fighting words." (provoke violence) 4. Obscenity (prurient interest) -Can pass rules that ban these acts of speech (not violating 1st amendment) -Obscenity keeps up with society (changes through the years)

Exclusive vs. Concurrent Jurisdiction

Concurrent Jurisdiction: Exists when two different courts have the power to hear a case. -Party may bring lawsuit in either federal or state court. Ex: Federal questions; diversity of citizenship cases (employment discrimination) Exclusive Jurisdiction: exists when a case can be heard only in a particular court or type of court. -Plaintiff (starts lawsuit) and defendant from the same state, only that state will hear the case (only in state court) Ex: Federal crimes, bankruptcy, patents suits against the U.S.; matters specified in federal statutes State: Divorce and adoption

Free Speech

Corporate Political Speech: -1st Amendment protects political speech by corporations. Case Ex. 2.7 Citizens United v. Federal Election Commission (2010). Film about Hillary Clinton was prevented from airing but people fought it was unconstitutional because they can have political speech through contributions -> Supreme Ct held that corporations may spend freely to support or oppose candidates for President and/or Congress. Commercial Speech: -Speech by business firms that involve only their commercial interests, such as advertising and marketing. -Restrictions on Commercial Speech are valid if: 1. The law seeks to implement a substantial governmental interest; 2. The law directly advances that interest; and 3. The law goes no further than necessary to accomplish its objective. Case Ex. 2.8 Café Erotica v. Florida Dept. of Transportation (2003). -> Nude dancing establishment denied permit to erect a billboard along a FL interstate highway (need a permit to get a billboard by highway for safety) -> FL appellate court held that law (restriction on placement of billboards because of highway beautification and safety) that prevented business from erecting a billboard was valid. -> FL appellate court analyzed the law under the tripartite (3 parts) substantial-interest test. -> The ad is not being banned, but how they display the message is not needed to accomplish the objective (put it somewhere else)

Oxford Tower apartments, LP v. Frenchie's Hair Boutique Case

Countercomplaint is suing within the same lawsuit (each suing each other) -When filing a lawsuit for the first time: Have a problem (plaintiff), "legally protected issue", remedy (defendant), courts (trial court; judgement) The defendant did not get rent for 3 years in their original complaint (filed an appeal) and sued the plaintiff (appellee) *Appellant is the person filing an appeal

Defamation

Defamation is the wrongful harm to a person's good reputation. -Plaintiff must prove that: 1. The defendant made a false statement of fact about the plaintiff; 2. The statement about the plaintiff harmed his or her good reputation; and 3. The statement was published to (heard or seen by) a third person. -Slander is oral communication only (different than defamation) Requirements for Defamation: 1.) Statement of Fact: •False statement of fact is actionable. •Statements of opinion are not typically actionable because they are protected under the First Amendment. -Opinion statements are based on facts, but give your beliefs based on them 2.) Publication: •False statement of fact must be communicated to a third-party. -Case Ex. 5.7 Ramirez v. Costco (2014) •Basis of tort is the publication of a falsity that causes the plaintiff to be hated or treated contemptuously or ridiculed by others.

False Imprisonment

False Imprisonment is: 1. The intentional confinement or restraint of another person's activities *Confinement = Physical barriers, threats of physical force, and physical restraints (person feels like they must stay there) 2. Without authorization or justification. -Occurs when someone's right of freedom was impeded (freedom of movement) Is element 1 satisfied if someone is restrained by moral pressure or future threats? -> Yes (a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant's property, but only for a reasonable amount of time) False Imprisonment: Defense of Merchant's Exception -A merchant will not be held liable for false imprisonment for detaining a customer if: 1. There are reasonable grounds for suspicion of shoplifting; and 2. Suspects are detained only for a reasonable time; and 3. Investigations are conducted in a reasonable manner. -Case Example 5.4 Mills v. PPE Casino Resorts Maryland (2017): Guard took a man playing blackjack and accused him of picking cards and needed him to give his ID and would be kept there until he showed it. He gave his passport and they let him leave, but the guards had no right to detain him.

State and Federal Court Systems

Federal Court: •Federal courts derive their authority from Article III of the U.S. Constitution. •Independent system of courts (not superior to state courts). •Three-tiered model consisting of: 1. U.S. Supreme Court. 2. U.S. Courts of Appeals. 3. U.S. District Courts. *Federal Court rulings can be superior if the constitution says so* State Court: •Created by State Legislature. •Multi-tiered model consisting of: 1. State Supreme Court. 2. State Courts of Appeals. 3. State Trial Courts of General Jurisdiction -> State Administrative Agencies (department of transportation) 4. Local Trial Courts of Limited Jurisdiction

Invasion of Privacy

Four acts qualify as invasions of privacy: 1.) Appropriation of Identity: Under the common law, using a person's name, picture, or other likeness for commercial purposes without permission is a tortious invasion of privacy. Individuals' right to privacy normally includes the right to the exclusive use of their identity. 2.) Intrusion on Individual's Affairs or Seclusion: Invading someone's home or illegally searching someone's briefcase is an invasion of privacy. The tort has been held to extend to eavesdropping by wiretap, the unauthorized scanning of a bank account, compulsory blood testing, and window peeping. 3.) Publication of Information that Places a Person in False Light: Writing a story about a person that attributes ideas and opinions not held by that person is an invasion of privacy. (Publishing such a story could involve the tort of defamation as well.) 4.) Public Disclosure of Private Facts: This type of invasion of privacy occurs when a person publicly discloses private facts about an individual that an ordinary person would find objectionable or embarrassing. A newspaper account about a private citizen's sex life or financial affairs could be an actionable invasion of privacy, even if the information revealed is true, because it should not be a matter of public concern.

What is Intent?

Intent: The wrongdoer or defendant must intend to do the act that caused injuries or losses. -Intend to commit the act means... -> Defendant intended the consequences of the act; or -> Defendant knew with substantial certainty that certain consequences would result. -Is the defendant liable for an intentional tort only if he or she meant to cause harm? -> No (If a defendant can prove that he or she did not intend to commit the act that caused harm, they may be able to avoid liability for the plaintiff's losses. Intent is irrelevant in regular negligence cases)

Fraudulent Misrepresentation

Intentionally deceiving another person out of money, property or something of value. 1. Wrongdoer made a false statement of material fact; 2. Wrongdoer knew that the statement was false and intended to deceive the innocent party; 3. Innocent party relied on the misrepresentation; 4. Innocent party suffered losses or injuries. 5. Misrepresentation caused the losses or injuries. Case Ex. 5.14 Revell v. Guido (2015): Houses shared a waste disposal system that was not functioning. Guido hired someone to design and install a new system. When town officials discovered sewage on the property, Guido had the system partially replaced. He then represented to prospective buyers of the property, including Danny Revell, that the "Septic system [was] new—each field totally replaced." In response to a questionnaire from the buyers' bank, Guido denied any knowledge of environmental problems. A month after the sale of the houses, the septic system failed and required substantial repairs. The buyers sued Guido for fraud. A jury found in favor of the plaintiffs and awarded damages. A state intermediate appellate court affirmed the judgment on appeal. Guido knew that the septic system was not totally new and that sewage had been released on the property (an environmental problem). He had misrepresented these facts to the buyers. When is a statement of "false" opinion considered fraudulent misrepresentation? -> Fraud exists only when a person represents as a fact something that person knows is untrue. For instance, it is fraud to claim that a roof does not leak when one knows it does. -> Statement of opinion = If the individual making the statement has a superior knowledge of the subject matter. For instance, when a lawyer makes a statement of opinion about the law in a state in which the lawyer is licensed to practice, a court will treat it as a statement of fact.

Jurisdiction

Jurisdiction is the authority of the court to hear and decide a case. -Most important step! (establish a court that will hear your case) -Both parts of jurisdiction need to be satisfied -Need to follow court orders -Two types of jurisdiction: 1. Jurisdiction over Persons and Property -Personal (in personam); or property (in rem), or long arm statute (a form of personal jurisdiction). 2. Jurisdiction over Subject Matter Personal (In Personam) Jurisdiction: -A defendants game -In personam (personal) jurisdiction is power of court to compel parties to appear in court and litigate lawsuit. 1. Plaintiffs gives court jurisdiction over themselves by filing lawsuits. 2. Court must obtain jurisdiction over the defendants. -> Usually obtained by having the persons served with a summons within the state. -> Is it possible to obtain jurisdiction over a business, ex., a corporation? -Yes (not a person, statute has an agent) Long Arm Statute: Gives a court personal jurisdiction over non-resident persons and businesses located in another state or country. -Non-resident must have some "minimum contacts" with the state. 1. Committed a tort (civil wrong) within the state. 2. Entered into a contract either in the state or contract affects the state. 3. Conducted business in the state that caused injury to another person or property. Case Ex. 4.2 Ji-Haw Industrial Co. v. Broquet (2008) -> X-box caught on fire and person claimed parts were defective and the long arm statute protects the out of state person and pulls them into that state

Slander Per Se

No proof of special damages (actual economic or monetary losses) is necessary for these slanderous statements to be actionable. 1. Loathsome disease (STDs) or serious mental defect; or 2. Professional or trade improprieties; or 3. Committed or imprisoned for serious crime; or 4. Unchaste person or serious sexual misconduct.

Appropriation (Right of Publicity)

Occurs when another person: 1. Uses a living person's name, likeness or other identifying characteristic, 2. For commercial purposes, 3. Without the owner's consent. Case Ex. 5.13 Dancel v. Groupon, Inc.(2019): Christine Dancel took a photo of herself at Philly G's restaurant and posted it on Instagram. Because of the Widget, the photo and her username—"meowchristine"—automatically appeared on Philly G's Groupon page. Dancel sued under the IRPA, claiming that she had not given consent to Groupon. She argued that a "reasonable viewer" would know that usernames are designed to identify individuals, just like actual names. The district court disagreed, holding that, in fact, many usernames, including "meowchristine," are too obscure to establish identity. A federal appellate court affirmed, noting that while some usernames might clearly identify an individual, it would place too great a burden on courts to determine if each one did under Illinois law May celebrity look-a-likes be used to advertise a product without the celebrity's consent? -> If they do not use the celebrity's name or brand and sell it as themselves, they can

Original and Appellate Jurisdiction

Original: -Occurs in courts of the first instance. Trial Courts: 1. Lawsuits begin, trials take place, evidence is presented. Appellate: -Occurs in courts that act as reviewing courts. -Intermediate and Final Courts of Appeals (e.g., US or State S.Ct.). -Review trial court decisions for errors of law and/or facts. -Appellate does not swear in people to testify and evidence is not presented (look for errors to take to a different court) *File a complaint or petition -Deposition is calling someone to testify and record them which can be used in court to challenge a witness

Defenses to Defamation

Three defenses to defamation: 1. Truth is generally an absolute defense. 2. Privileged (or Immune) Speech. -Absolute Privilege: statements made during judicial and legislative proceedings. -Qualified Privilege: statements made in good faith and publication limited to those who have a legitimate interest in the communication (e.g., employee evaluations). 3. Public Figures: A person who exercise substantial governmental power or is otherwise in the public spotlight. -Statements about public figures are privileged if made without "actual malice." -Actual Malice: A statement made with either: 1. Knowledge of falsity; or 2. Reckless disregard for the truth. -Case Ex. 5.9 Tiegen v. Slice (2020): On leaving the military, Tiegen became a public speaker and a brand ambassador for several companies. Frederic Slice posted comments about Tiegen on websites operated by these companies, stating that the ex-Marine was a "liar" and had committed perjury by lying to Congress about Benghazi. Tiegen, admitting that he was a public figure, sued Slice for libel. A Texas appeals court dismissed the case because Tiegen could not show that Slice had acted with actual malice.

Wrongful Interference with a Business Relationship

Tort that interferes with a business relationship. Arises when: 1. Wrongdoer is aware of an established relationship between a business and its customers; 2. Wrongdoer causes the relationship to end by using predatory practices; 3. Innocent party suffers damages. Is aggressive marketing and advertising permitted? -> Attempting to attract customers in general is a legitimate business practice, whereas specifically targeting the customers of a competitor is more likely to be predatory.

The Basis of Tort Law

Tort: A civil wrong or harm caused by a wrongdoer who violates a legal duty owed to the injured party. Civil Wrong: An injury that is punishable by paying money damages to the injured party. Legal Duty: The duty that is violated by the tortfeasor or wrongdoer must exist as a matter of law. -Purpose of tort law is to provide money damages (compensation) for the invasion of protected legal interests.

Commercial Speech: Bad Frog Brewery v. NY State Liquor Authority Case

What did Bad Frog need from the NY State Liquor Authority? -Permission/permit What was NY State's response? -The content of the ad was too provocative (children could see it) What type of relief did Bad-Frog seek by filing its lawsuit? -Use a separate label for places it is not appropriate How did the trial court rule? -Denied the permit What were the appellate court's reasons for its decision? -The message was too provocative and unnecessary to promote the product What is the outcome of this case? -Failed the last part of the 3-process test and case was sent back to liquor authorities

United States Supreme Court

•The U.S. Supreme Court •9 justices •May review any case decided by any of the federal courts of appeals and has appellate authority over some cases decided in state courts. •Appeals to the Supreme Court. -> Writ of Certiorari (approved by judges) •Petitions Granted by the Court. -> Important constitutional issues or circuit split (precedent from one circuit that is different from what the court in the second circuit court says)

The State Court System

•Trial Courts (and State Administrative Agencies). -> Courts in which trials are held and testimony (oral statement or documentation) taken -> Small claims courts are inferior courts hearing civil cases with limited amounts in controversy (usually $5,000). •Appellate or Reviewing Courts. -> Focus on Questions of Law (point out errors of law) -> Defer to the Trial Court's Findings of Fact •Highest State Courts (Supreme court) -> Also focus on errors of law