Legal & Ethical

University of Central Oklahoma **We aren't endorsed by this school
LS 3113-12886
Sep 15, 2023
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What is "The Law" Rules Think like a lawyer Know the rules and know how to "adapt" to them. Ex. You can't smoke on a plane; sneak and smoke in the bathroom/disable the smoke alarm Ex facto jus oritur "The law comes from facts" 2 legal systems Federal State Stare decisis "To stand on decided cases." Makes the law stable and predictable Increases judicial efficiency by relieving courts of having to reinvent legal principles for each case brought before them. Rule of "first impression" There is no precedent, this thing has never happened before E.g. 2017 Michelle Carter & Conrad Roy - She texted and encouraged suicide, Plaintiff: Who files the suit Defendant: Who is being sued Order of a Case: Pleadings Get Service Discovery Pre-Trial Motions Voir Dire (if needed) Trial Appeal (if needed) Start litigation with a petition/Complaint Petitions: Identify Parties Why jurisdiction exists (why is this the right court) What do you want a remedy Plaintiff files petition/complaint Defendant Answers Defendant has only 20 days to answer the complaint (in Oklahoma) After filing the complaint/petition you must "get service"; Serve the paperwork and have a signed doc stating who gave the info to what person on what day, time and location. This starts the 20 day period. This starts Discovery: Depositions (expensive, in-person; usually want to do this for important information) interrogatories (Cheaper, take-home questionnaire; Do this for mundane
questions i.e. names and addresses of witnesses, etc.; in OK you only get 30 questions as a default, if both sides agree this can be waived and increased) Requests for Admissions Requests for Documents Requests for Inspection Pre-Trial Motions Motion in Limine: motions to exclude matters that should not be discussed in front of a jury Voir Dire : jury selection Trial: Jury or Bench (Judge) Equity Cases(Bankruptcy, Divorce, Injunctions) are always bench trials only Law Cases ($$$) or Criminal have a choice of jury or bench Appeal: Only if you lose Jurisdiction : The power of a court to hear a dispute and to "ask the law" into a controversy and render a verdict that is legally binding on the parties to dispute. Personal: Power of a court to compel the presence of the parties(including corporation) to a dispute to appear before the court and litigation. (Where person lives) In Rem: Power to decide whether issues relating to property, whether the property is real, personal, tangible, or intangible. (Where property is/ where event happened) Long Arm Statutes: For non-resident parties (businesses) based on "minimum contacts"' with the state. Means Defendant had some connection with forum state. Corporate Contacts: does business have sles or advertise within state. Two courts: State and Federal courts. Default is state. Ok has 77 district courts (By county) Federal Cases: only in which the rights or obligations of a party are created or defined by some federal law. "Diversity" cases: Parties are not from the same state and the amount in controversy is greater than $75,000 (Formerly $500- 1789) Why do some parties want a federal court? Lifetime appointment Not locally elected No local bias (hopefully) Venue: Concerned with the most appropriate location for the trial. Generally, the proper venue is whether the injury occurred. In order to bring a lawsuit, a party must have "standing" to sue Standing is sufficient "stake" in the controversy; Party must have suffered a legal injury Courts of Record: mostly in criminal cases; Questions of Fact- Jury or Judge(bench trial) Questions of Law- Judge only Supreme Courts: aka courts of last resort; Two ways to have your case heard in a supreme court: Appeals of Right, Writ of Certiorari (asking permission)
Statute of Limitations: How long after the "event" to sue Pro Bono Publico: For the good of the public Pro Se: For yourself (when you represent yourself) Negotiation: two parties talking Mediation: negotiation with a neutral third party as referee Arbitration: mediation with the referee makes a decision which is binding on the parties; advantages: Quicker results than trial, less expensive than trial, can be kept secret Constitution Privileges and Immunities Clause: Art. IV, 2; Prevents state from imposing unreasonable burdens on citizens Full Faith and Credit Clause : Art. IV, 1; Applies only to civil matters, Ensures that any judicial decision with respect to such property rights will be honored and enforced in all states Preemption: When congress chooses to act exclusively when national and state governments have concurrent powers. Bigger is better (higher source is what is right) Searches and Seizures : Fourth Amendment requires a warrant with "probable cause." Searches of Business: generally business inspectors must have a warrant Self-Incrimination: Fifth Amendment guarantees no person can be compelled to testify against himself in a criminal proceeding. Does not apply to corporations or partnerships Torts Intentional Torts: The person committing the tort, the tortfeasor or defendant, must "intend" to commit the act, even if you did not intend the result Assault: an intentional, unexcused act that creates a reasonable apprehension or fear of immediate harmful or offensive contact. No contact is necessary. Battery: Intentional or unexcused. Harmful, offensive or unwelcome. Physical contact. Defenses to Assault & Battery: Consent, Self-Defense (reasonable force), Defense of Others (reasonable force), Defense of Property Negligence 4 Elements of Negligence Duty of Care- Use reasonable and prudent person standard (jury) to determine whether duty exists. When do you owe a duty to another person? By law (parents, police, grandparents) or by contract (Babysitter, teacher) Breached that duty- Not behave as a Reasonable and prudent person (maybe a liability for doing nothing) Caused Injury - must show legally recognizable injury Foreseeability: Whether an act is foreseeable is generally considered a matter of fact determined by the reasonable person standard (jury). Compensatory Damages- Designed to reimburse ( You injured me here are my dr. bills,
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