(Roman Code → Napoleonic code → Germanic Code) = Civil Law System
US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent)

Chapter 1

Sources
1. Constitution (s) – 51 (States and Federal)
1.5 -- Treaty
2. Case Law
3. Legislature (s) – 51
4. Administrative – help in regulation (Federal, State, and Local level)

Chapter 2

State
Top Level – Supreme Court
Middle Lever – Court of Appeals
Lowest Level – Superior Court
The only state where the Supreme Court is the lowest is New York

Federal
Top Level – Supreme Court
Middle Level – Circuit Court
Lowest Level – District Court

Jurisdiction – the power of a court to hear a case
The two bottom courts are trial courts and have original jurisdiction
Top two have appellate jurisdiction.

State jurisdiction
1. Subject –matter jurisdiction (apply to the CT)
+
(2-5 apply to the person you are suing)
2. Personal jurisdiction – domicile 3and4 relate to property
3. In Rem – dispute is about the property itself
4. Quasi in Rem – breach of contract (attach the prop to the dispute)
5. Long arm statute – minimum contact rule. Revenue 15%
Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana.

Federal
1. Federal question – is a federal law an issue? Is a federal law violate? Federal property? Concerned with our federal city?
2. __Complete___ Diversity of Citizenship + $75,000

PI = Platiff
Delta = Defendant
Pi Delta
Cal Nev Can go to fed court
Wash NH
ID CA Now they cant

Venue
A different location within the same jurisdiction
Superior – many in diff districts
CT of Appeals—major cities
Supreme – Sac, SF, LA
Although there are multiple courts in different districts it is still considered one court, one voice.

Change of venue
1. Inconvenience
2. Potential Bias of Jury

Federal venue
13 circuits Washington DC has the 12th circuit and the 13th circuit. Al, HI, CA, OR, WA, NV – 9th
SF has pretty much all courts except the federal Supreme Court.

Chapter 3

To sue someone
1. Plaintiff -- File a complaint – 30-60days to serve that individual
2. Service of process – notify the defendant that they are being sued
3. Defendant -- File an answer
a. Cross (countersue)

Statue of limitations – have a certain amount of time to do something
Toll – stop the clock on the statute of limitations
Discovery Stage
1. Production of documents
2. Witness list
3. Depositions *** objections

Selection of Jury Pool
Group of people from where the lawyers can choose jurors for a case

Trail Setup
Opening remarks
P’s Case
D’s Case
Jury instructions

Facts – jury decides the facts. a factual statement, its not an opinion, or truthful,
Law – the judge decided the legal aspects

When you are appealing, what you are truly appealing is the objections made during the deposition. If you fail to object you cannot appeal. What you are appealing is a legal mistake by the judge.

Alternative dispute resolution (ADR)
Only need to know 3
1. Arbitration – AAA Arbitration association of America. Like a mini court. Legal Decision
a. Binding – cannot appeal
b. Nonbinding – can appeal
2. Mediation – used a third party so communicate between the two parties
3. Mini-Trial – like a mock trial, a large firm can do a mini trial to see how they are doing before they go to actual trial. Get a pool from the public for a jury in the trial and see if they can win the case. They let the client know how they performed to see if they want to continue or not.

TORTS

Civil Criminal
Players Ind vs Ind state vs Ind
Names Pla vs D Prosecution vs D
Damages $, equity $, Jail, Death

Damages
Legal (money)
1. Compensatory – cover the cost of physical property
2. Nominal (type of compensatory)
3. Punitive – to punish or set an example of
Equity (court order)
1. Injunction – to refrain or stop an action (retraining order)
2. Specific Performance – to do something (contract, community service)

Torts
1. Intentional
2. Unintentional (negligence)
3. Strict Liability

Intentional Tort
The person intended to do the action.
1. Assault – putting someone in fear of immediate bodily harm and injury. Words are not enough. Always from the perspective from the assaultee.
2. Battery – the intentional touching of another without their consent. Does not require causing harm, such as a slap.
a. Person of reasonable sensitivity
b. Transferred intent – such as you intend to hit someone but you someone else. If you throw a ball your intent goes with it.
3. Defamation – degrading someone’s character (must be false)
i. Slander – spoken ii. Liable – written
a. False factual statement – truth is a defense
b. Publication – it must be published. A third party either read it or heard it.
4. Invasion of privacy – must be a private fact that a reasonable person assumes can remain private.
a. Misappropriation (appropriation) – using someone’s name or likeness for commercial purposes
5. Intentional infliction of emotional distress
a. Extreme and outrageous conduct
i. repetition leads to extreme and outrageous

Trespass
a. Land – even if you throw something over someone else’s property
b. Personal property – unauthorized use of said property
a. Trespass – damages - Fine
b. Conversion (stealing) – FMV depends on time and severity of the trespass

Fraud
1. False Factual Statement
2. Knowledge of its Falsity or the Reckless Disregard of the Truth (Due Dilligence)
3. Intent to Induce Reliance
4. Actual Reliance
5. Harm

Unintentional (Negligence) Tort
1. Duty of Care – duty to prevent all foreseeable injury
2. Breach – reasonable [PERSON] standard
3. Causation
a. Actual – direct link between breach and injury “but for”
b. Proximate – injury must have been a foreseeable result of the breach
4. Harm

Plasfaf v L.I.RR.
(NY 1928)
“Zone of Danger Test” if the person that was injured is inside the zone of danger than it will automatically be proximate causation if they are not then its not proximate.

Negligent Infliction of Emotional Distress
1. Close Family Relative – Nuclear family
2. Severe Emotional Distress – professional evaluation
3. Witnessed Act – ongoing events justify this requirement

Defenses
1. Intervening Event – another event that caused the ending result
2. Assumption of the Risk – understand the risk and voluntarily went forward
a. Waiver
i. Understandable to a layperson ii. Put it in bold, clearly visible iii. Waiving the rights to negligence only iv. Can not waive gross negligence
3. Contributory negligence – “you were negligent too” – minority rule
a. Plaintiff is 1% or more – no recovery
4. Pure Comparative Negligence
a. Percentages of fault
b. Plaintiff only gets the defendants percentage of fault
5. Partial Comparative Negligence – Majority rule
a. If the plaintiff is more than 50% at fault no recovery
b. Plaintiff is less than 50% fault, use pure rules

Each State may have only one of 3/4/5

Strict Liabilities – smaller version on the plantiffs
1. Wild animals, (falcon, tiger, dog)
2. Abnormally dangerous activities (demolition company)
3. Products Liabilities (defects)
a. Manufacturing
i. Who is potentially liable? M-W-R (manufacture, wholesaler, retailer) ii. Must prove that the product is defective iii. Harmed from the defect iv. Defective existed when bought; plaintiff did not alter the product.
b. Design + Packaging
i. Product had a defect ii. Harm from defect iii. Didn’t alter product iv. Must show reasonably feasible alternative
4. Market Share liability
a. Process of elimination to find out how product got distributed. From there what market share did the certain MWR produce? They each pay the percentage x sue amount.

Crimes
Every crime has two elements: mens rea (mental state), actus reus (criminal act).

Theft crimes (don’t want to see the words theft, thief, stole, steal)
1. Larceny – (Pickpocket) conversion – the intentional taking of a persons property without the intention of returning.
2. Robbery – (Mugging) includes assault, battery, or both.
3. Burglary – () – unauthorized entry into any building at any time to commit a felony therein. If you didn’t have the intent before you went in it is not burglary.
4. Embezzlement – (middleman taking it beforehand) taking the property before it is in the possession of the own. The person taking it is in the position of trust.

Arson—the malicious burning of a building even your own

Bribery – giving money in exchange for a favor. In order for it to be a crime it must be with a government official. If it’s illegal to do an act in the US it is illegal anywhere for a US citizen.

Inchoate – failed crimes Merge (drop the lower crime To charge for a greater crime
Attempt -- when you try to commit a crime Yes
Conspiracy – agreement to commit a future crime + NO An overt act.
Your can get out of conspiracy if you notify the co-conspirators that you are backing out and attempt to stop the crime.

Forgery – altering or amending of a document that changes the legal outcome

Criminal Procedure
Warrant – 4th amendment guards a person against unreasonable search and seizures
 Need probable cause
1. Strong likely hood that criminal activity is afoot

Stop and Frisk – must have reasonable suspicion to stop you and further reasonable suspicion to frisk you.

Exceptions for warrant
1. Plain view
2. Hot Pursuit
3. Evanescent Evidence – evidence that can be easily destroyed if the warrant is needed. Something that can be flushed down the toilet.

Roots of poisonous tree doctrine
If the roots are poisonous then everything else in the tree are bad as well.

Exclusionary rule – any evidence gathered improperly is excluded.

20 true/false
20 multiple choice
2 essay questions

Chapter 1 Source of law: constitution, case law, admin law

Chapter 2 Pg 24. Special fed courts not on exam—just the 3 Pg 27/28 decisions of supreme courts – no caseses 34 form selection, all 35

Chapter 3 Just know what we did in class in terms of walking through a lawsuit
No intervention / inter augitores/ physical/mental / motions/ settlemet conference
Pg 48

Just now arbitration, mediation and mini trial

Chapter 5
Torts—

No false imprisonment, shoplifting, disparagement (88), malicious prosecution (90)
Professional malpractice, negligence persay (97) locutor, good somaritan law,

Chapter 6
What we did in class that’s it.

Chapter 8
Just know about what was talked about arrest
No inditement/arraignment/plea bargin (149) / criminal trail (150) extortion/ criminal fraud/ mail/wire fraud/ money laundering all 154/ rico/ cyber crimes/ 156/ 159(60) privelage of incrimination/ attorney client privelidge/ 161-2/