Master List of Court Cases

Florida v Zimmerman
US v Arizona
Walkovsky v Carlton
Marbury v. Madison – Judicial Review
Burger King Corp v. Rudzewicz
Erie Railroad Co v. Thompkins
Edmonson v. Leesville Concrete Co
Taylor v. University of Phoenix

NLRB v. Noel Canning

Deflategate

Katzenbach v. McClung

Gibbons v. Ogden

Wickard v. Filburn

National Federation of Independent Businesses v. Sebelius

Trans World Airlines Inc v Hardison (seniority systems are permitted under federal law)

Central Hudson Gas v. Public Service Commissioner

Lorillard Tobacco Co v. Reilly
Railway Express Agency Inc. v. New York (advertising)

Supreme Court  Appellate Courts  District Courts

Substantive – rights or obligations of individual

Procedural – process by which individual’s rights can be taken away

Equitable damages – injunction, rescission, and specific performance

Integrity – a person has a strong character for being honest, fair, and consistent in the application of their moral beliefs of right and wrong

Duty Based – religious principals, kant’s categorical imperitive, rossian ethics

Outcome based – utilitarianism

KNOW ALL THE ETHIC TERMS

Personal Jurisdiction and the four factors

Where defendant resides, Where defendant is found and properly served, where defendant consents, long arm statute with minimum contacts

Subject Matter Jurisdiction

States  courts of general jurisdiction; exclusive control over torts, probate, state criminal law, and domestic and family relations
Federal  courts of limited jurisdiction; patent and copyright law disputes, bankruptcy proceedings, federal tax controversies, maritime disputes
Concurrent jurisdiction  diversity of citizenship and a matter of federal and state law

Venue

Litigation Process

Complaint (within statute of limitations)
Summons
(Motion to Dismiss?)
Answer
(Counterclaim?)
(Judgment on Pleadings?)
Discovery
(Motion for Summary Judgment – judgment on some or all of the matters after discovery process)

Bench Trial v. Jury Trial

Trial

Opening Arguments
Presentation of Evidence
Deliberations

Judgment NOV – Judgment notwithstanding the verdict

Judge can overrule some or all parts of jury’s verdict

Judgment Enforcement

Negotiation v. Mediation v. Arbitration

Rational Basis v. Intermediate v. Strict Scrutiny

Dormant Commerce Clause

Taxing and Spending Powers

Commercial Speech

Obscene Speech

Violates community standards
Prurient interest in sex
Patently offensive sexual conduct
Lacks serious redeeming literary, artistic, scientific, or political merit

Unprotected Speech

NOT covder: obscenity, violence, defamation

14th Amendment – how it applies to levels of scutiny

In Plessy v. Ferguson the supreme court held it was unconstitutional for states to have separate facilities for white children and black children. The doctrine became known as “separate but equal”. Can this precedent be overturned? Would the overturning of the precedent violate the rules of stare decisis?

Can be overturned;

Craig writes compute software code for his business. Erik works for Craig and copies the code. Erik then quits his employment with Craig and starts selling the software code to Craig’s competitors. Which remedies should Craig pursue?

Equitable damages: injunction

Monetary damages

Rex was recently involved in a fistfight while on Spring Break vacation in Florida. Rex is a resident of Nebraska. The person Rex would like to sue for battery is named Piper. Piper is a resident of Alabama. Rex would like to sue Piper for $100,000. What courts could claim personal jurisdiction in this matter?

Florida – incident occurred

Federal – 75,00+ diversity of citizenship

Alabama – defendant is from there

Nebraska IF minimal contacts or consent

Jeff is considering starting a lawn care business =. He is drafting his own contracts using an online legal service. The legal service’s software program wants to know if Jeff wants to include provisions regarding negotiation, arbitration, and mediation. What would his lawyer tell Jeff about these forms of dispute resolution and if he chose one, which one should he choose to incorporate and why?

Mediation - third party not binding

Negotiation – between you and defendant with lawyers

Arbitration – UNBIASED third party legally binding

Assume a state passes a law requiring all sellers of soap and skin products to be registered with the state health inspector office. You represent a client who lives in a nearby state and routinely ships soap and skin products into the state. Your client refuses to be registered and has received a $100,000 fine. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional?

Dormant commerce clause/ equal protection with rational basis

Moses is an employee at a local factory. Yu are the corporate attourney for that factory. A supervisor of Moses comes to you and says Moses refuses to work on Sunday because he claims he has found God. The supervisor does not believe Moses is sincere. What advice would you give the supervisor?

No – REASONABLE ACCOMODATION

SEVERELY IMPACT THE BUSINESS

Your client has been growing plants to make illegal drugs. He has been doing so for at least five years. Last week the police confiscated the plants from his backyard without a warrant. Do the police need a warrant to take plants from his backyard? Will the client have to testify against himself at trial if called by the prosecution to testify?

If it’s in plain view – no warrant

No warrant: consent, public danger, distruction of evidence

5th amendment: no self incrimination

Mike’s Review Session

What is the definition of an actual duty and a definition of a prima facea duty?

Rossian Ethics: overarching goals that guide your actions

Utilitarianism: Cost/Benefit Analysis

Golden Rule

Katnian Ethics: What if everyone acted this way?

Sources of Law:

International – countries are sovereign and engage in treaties with one another

Federal – US Constitution, Statutes, Common Law, Regulations

State– Constitution, Statutes, Common Law, Regulations, Ordinances

*Justices CAN change a previous ruling, but they try not to*

Injunction v. specific performance

Federal Court Case:

75,000+

Diversity of Citizenship

Subject matter jurisdiction – issue of federal law

Husband and wife want a divorce. Wife thinks husband owes her $750,000. Where is this case going to be held?

State Court – family law

Court Procedure: (Not that many questions)

Look at definitions of the motions

Hearsay – a statement not under oath

Motion for Protected Order v. Motion of Limine

Limine: I want to keep certain info from jury

Protected Order: pretrial….won’t be on test

Summary Judgment v. Judgment on Pleadings v. Motion to Dismiss

Motion to Dismiss – No grounds to sue/No cause of action

Summary Judgment – happens in discovery

Judgment on the Pleadings – just includes pleadings (complaint and statement)

Strict v. Intermediate v. Minimal

Strict – 14th amendment (race, origin, alienage), religion, free speech

EXTREMELY important government interest

Intermediate –14th amendment (gender, legitimacy), commercial speech

Somewhere in Between

Minimal/Rational Basis – 14th amendment (all other matters), commerce clause

Legitimate Interest – easiest for the government to win

Who regulates interstate commerce? – US Congress

Dormant Commerce Clause

10th Amendment Police Power – allows states to regulate health, safety, and morals

Reasonable Suspicion – to question; criminal activity MAY occur/may have occurred

Probable Cause – Arrest; belief that a crime has been committed