Goat Rules Flashcards
The issue is whether congress has authority to regulate certain economic activity
The Commerce Clause grants Congress with the exclusive power to regulate the channels, persons and instrumentalities of interstate commerce and other economic activities that have a substantial effect on interstate commerce in the aggregate
Congress has the exclusive power under the Commerce Clause to enact THREE types of regulations.
First, Congress may regulate the channels of interstate commerce.
Second, Congress may regulate the people and instrumentalities that work in the channels of interstate commerce.
Third, Congress may regulate activities that substantially affect interstate commerce in the aggregate.
NOTE: The key to satisfying the substantial effects requirement is to figure out whether the regulated activity is economic or commercial in nature. When Congress regulates an economic or commercial activity, the Court will generally uphold the regulation if Congress had a rational basis (rationally related to a legitimate government interest) for concluding that the class of activities subject to regulation, in the aggregate, has a substantial effect on interstate commerce.
Dormant Commerce Clause
If Congress hasn’t enacted legislation regulating a particular economic/commercial activity, states may regulate local transactions affecting interstate commerce, but only if the regulation does not discriminate against out-of-state actors to benefit local economic interests (economic protectionism) and does not unduly burden interstate commerce (burden < state’s interest in the action).
Congress commerce clause and dormant commerce clause rule statement
The Commerce Clause grants Congress with the exclusive power to regulate the channels, persons and instrumentalities of interstate commerce and other economic activities that have a substantial effect on interstate commerce in the aggregate.
If Congress has not regulated a particular aspect of interstate commerce, a state or local government may regulate the local aspects of interstate commerce pursuant to the dormant commerce clause. However, the Commerce Clause imposes by negative implication a limitation on state or local government laws that discriminate against out-of-state market participants or unduly burden interstate commerce. A state or local government law is discriminatory if it furthers economic protectionism that benefits in-state interests at the expense of out-of-state interests. A state or local government law is unduly burdensome if the burden imposed is clearly excessive in relation to the purported local benefits.
QUOTATION MARKS + ADMITTING ILLEGAL SHIT IN QUOTATION MARKS + UNAVAILABILITY =
STATEMENT AGAINST INTEREST
Differences between Statement against Penal Interest and Party Admission
Party admissions do not have to be against the declarant’s interest when made, STATEMENTS AGAINST INTEREST DO.
ANYONE, not just a party, can make a statement against interest. They always have a NON-PARTY WITNESS do it in the problems.
A statement against interest is a HEARSAY EXCEPTION and a party admission is considered NON-HEARSAY.
The person making the statement against interest must be UNAVAILABLE, opposing parties are obviously THERE in the courtroom (it’s their damn lawsuit)
Unavailability
It could mean (1) death or illness, (2) refusal to testify, (3) protected by privilege, (4) or lacking memory, (5) went to Bangladesh and left the jurisdiction. The MBE tests on this all the time.
PJ Rule Statement
“Personal jurisdiction is a court’s ability to exercise power over a defendant.”
Traditional bases of PJ: consent by D, D is domiciled in the forum state, D is present in the forum at the time of personal service (IF YOU CAN’T SHOW PJ WITH THESE, PROCEED TO STAT-CON)
Traditionally, a court has personal jurisdiction over a defendant when the defendant consents to personal jurisdiction, is domiciled in the forum, or is present in the state when personally served. If no traditional bases of personal jurisdiction are present, courts look to the statutory and constitutional bases of personal jurisdiction.
The STAT-CON Approach = STATutory basis + CONstitutional basis (International Shoe test)
Analyze
Statutory basis – the LONG-ARM: Statute gives power over non-residents to the extent constitutionally permissible
“A state’s long-arm statute empowers courts with personal jurisdiction over non-residents to a constitutionally permissible extent.”
Constitutional basis: International Shoe analysis = minimum contacts, relatedness, fairness
To satisfy the due process requirements for jurisdiction over a defendant, the defendant must have had sufficient minimum contacts with the forum state so as not to offend
“traditional notions of fair play and substantial justice.”
A defendant has minimum contacts with a forum state if the defendant purposefully avails himself of the privileges and benefits of the forum state’s laws such that it is reasonably foreseeable he could be haled into the forum state court.
Due process also requires that the plaintiff’s claim and the defendant’s contacts with the forum are sufficiently related. There are two types of relatedness of a claim, general or specific. General jurisdiction arises when a defendant is deemed to have had continuous and systematic contact with the forum state such that he is essentially ‘at home.’ Specific jurisdiction arises when the cause of action is related to the defendant’s contacts with the forum state.
Furthermore, courts consider fairness factors in determining whether to exercise personal jurisdiction over a defendant. These factors include the interest of the plaintiff in getting relief, the forum state’s interest in providing redress, and whether the defendant would be gravely inconvenienced.
Supplemental Jx
Supplemental jurisdiction gives discretion to federal courts over additional claims arising from a common nucleus of operative fact with the underlying claim that invoked federal subject matter jurisdiction. The court has the discretion to decline supplemental jurisdiction based on considerations of judicial economy, convenience, fairness, and comity.
