Basic Law Flashcards
US court system
Federal: trial court is “district court”, then 13 courts of appeal (intermediate level), then Supreme Court. Everyone has the right to appeal to the intermediate system, but you must ask permission to be reviewed by USSC.
State: trial courts -> intermediate courts -> supreme courts. Certain cases may go from state SC to USSC.
hierarchy of authority
Constitution trumps statutes, statutes trump court decisions
court dispositions
affirm
reverse
vacate
modify
remand
stare decisis
let the decision stand
purpose of civil system
make the injured party whole
matters of fact
ascertained by the senses or by testimony of witnesses; determined by the trier of fact (jury or judge)
matters of law
decided upon by the application of the statutory rules or the principles of law; determined by the judge. Matters of law are the only thing that can be appealed.
4 ways a judge can dismiss a case
Demurrer (pre-trial)
Summary judgment (pre-trial)
Directed verdict
Judgment not withstanding
demurrer
before the case goes to trial, the judge can say there’s no cause of action
summary judgment
before the case goes to trial, a judge can dismiss a civil action as a matter of law if there’s no genuine issue of material fact
directed verdict
once a trial has begun, at end of prosecution’s case the defense can request the case be dismissed as a matter of law (“the prosecution hasn’t even come close to proving beyond a reasonable doubt”); or after the defense puts on its case, the defense can ask that the judge dismiss the case as a matter of law
judgment not withstanding the verdict (n.o.v.)
when the judge disagrees with a jury’s decision, as a matter of law
appellate court decision basis
Appellate courts do not hear new evidence. They review the trial court record and briefs by attorneys. They decide whether or not there were errors of law.
types of errors of law
Harmless: a judge’s decision that would not have affected the outcome of the case.
Reversible: a judge’s error that may have led to a different outcome (e.g. an improper charge to the jury or admitting inadmissible evidence).
habeus corpus
“you have the body”; when an atty files a writ challenging whether a prisoner is restrained by proper due process; may apply to jailed or psychiatrically hospitalized person.
categories of burden of proof
burden of production and burden of persuasion
burden of production
which side must raise the issue. E.g. in an affirmative defense (self-defense, duress, or insanity), the burden of production is on the defense. If they don’t raise the issue, the jury will not be charged with the issue.
burden of persuasion
once an issue has been raised, who has the burden of persuasion? E.g. for insanity, in the majority of states, it falls on the defense to show either by a preponderance or clear and convincing evidence, that the person is legally insane. In 5 states, when the burden of production is raised by the defense, sanity must be proved by the prosecution beyond a reasonable doubt (i.e. the burden can shift, creating a distinction between who raises the issue and who has to show that it is true).
standards of proof
reason to believe < probable cause < preponderance of the evidence < clear and convincing < beyond a reasonable doubt
standard of proof for civic cases
preponderance of the evidence
clear and convincing standard
when the stakes are higher than money but less than a felony conviction. ~75%.
(civil commitment, taking away parental rights, deportation, and denaturalization)
probable cause standard
<50%. A “reasonable belief.”
An objective standard, measured against what a prudent person would believe.
reason to believe standard
lowest standard; person must have an honest belief, but it’s a subjective standard.
Used where the law wants overreporting and investigation, e.g. suspected child abuse.
1st Amendment
freedom of speech
4th Amendment
freedom from unreasonable search and seizure
5th Amendment
right not to incriminate yourself and right to due process in federal trials
6th Amendment
right to assistance of counsel, and right to reject assistance of counsel
8th Amendment
bans cruel and unusual punishment
14th Amendment
2 clauses: equal protection and due process.
Passed in 1868 to protect freed slaves from KKK and some southern states who were violating their rights. Now used for a wide range of rights.
equal protection
One clause of 14A. Two classes of persons are being compared. In order to show it is proper to treat the 2 classes differently, the court must identify whether there is: - 1 - a rational relationship (is it rational to treat one group differently?)
- Or 2 - strict scrutiny: Is there a history of discrimination?
types of due process
One clause of 14A. Substantive vs procedural.
substantive due process
(14A) “fundamental fairness”
procedural due process
(14A) How much process is due? The greater the potential loss (e.g. freedom, property, life), the greater the due process required.
(A person facing the death penalty is due the highest level of process, vs a fellow at risk of being fired from fellowship who has the right to appeal that decision and can bring an attorney at their own expense.)
Matthews v Eldridge, 1976
not a landmark case, but comes into play in many landmark cases. It established the balancing test used to determine how much process is due in any given case. USSC determined that due process protections must balance 3 things: the private interest at stake, the risk of error in procedure, and governmental interests involved.
from which amendments is the penumbral right to privacy derived?
1st, 3rd, 4th, 5th, and 9th
1983 action
42 USC 1983: every person who, under color of any state statute, subjects any citizen to the deprivation of any rights secured by the Constitution, shall be liable to the party injured in an action at law.
landmark cases brought under 1983 actions
O’Connor v. Donaldson, Rogers v Commissioner, Estelle v Gamble, Zinnermon v Birch, Lessard v Schmidt
tort
a civil wrong, intentional or unintentional
intentional tort
act which is done with prior knowledge by the wrong-doer that damage may result
unintentional tort
failure to exercise the usual standard of care
components of negligence
1 - duty
2 - dereliction/breach of duty
3 - breach must be a direct cause of damages
4 - there must be actual damages
damages (actual vs punitive)
Actual: compensation for real loss (aka compensatory and general damages).
Punitive: to punish the defendant (aka exemplary damages).
respondeat superior
“Let the master beware.” Liability for employees. If you fail to train an employee properly, you are responsible if they fuck up.
discovery (civil)
A period of information gathering on each side to avoid surprises at trial.
Interrogatories = written questions each side may submit to each other.
Subpoena ducus tecum = a command to appear and bring specified records.
Depositions = taken from fact witnesses first, then expert witnesses.
Mental and physical exams.
components of a crime
actus reus (forbidden act)
mens rea (guilty intent)
Both are required.
components of mens rea
1 - purposely
2 - knowingly
3 - recklessly (conscious disregard for a known risk)
4 - negligently (actor “should have” been aware of the risk)
affirmative defenses
self defense
duress
insanity
automatism
entrapment
necessity
quasi-criminal law
when someone is deprived of liberty under the color of rehabilitating them (e.g. civil commitment, juvenile delinquency, sexual violent predators)
Due Process amendments
Guaranteed to federal defendants through 5A and to state defendants through 14A.
Cases using the Matthews v Eldridge balancing test for procedural DP
Addington v TX
Parham v JL and JR
Ake v OK
Santosky v Kramer
Washington v Harper
Specific (vs general) intent crimes
Utilize one of the first two components of mens rea: purposely or knowingly
(General intent use first 3, including recklessly)
Competence to testify as a fact witness generally encompasses 5 capacities:
- Ability to observe an event
- Ability to remember an event
- Ability to communicate the memory of an event.
- Ability to distinguish truth from falsehood
- An understanding of what it means to tell the truth under oath
Federal Rule of Civil Procedure 35
Entitles defendants to an order that compels plaintiff to undergo psychiatric examination when mental condition is in controversy and good cause is demonstrated.
