Pre Law

"Dred Scott Decision"
Ruled that Africans brought here as slaves were not citizens, nor were their children, and could never be. Therefore could not sue. Slaves were property and cannot be taken from owners without due process.

Upheld laws establishing Seperate but Equal Racial Segregation.

Plessy was 7/8 white, boarded a white railcar, and was arrested when he didnt want to move to the colored railcar.

Declared "seperate but equal" public schools for whites and blacks unconstitutional.
Segregation in public schools violates equal protection clause of the 14th ammendment. Seperate facilitis are inherently inequal.
Overturned Plessy v. Ferguson

Declared the right to privacy under due process clause of the 14th ammendment to extend to a woman's right to abortion. However this must be balanced as the state has two interests: protecting prenatal life and the mother's health.
Tied state regulation of abortion to the pregnancy trimester.

Held the US Congress could use the commerce clause to fight discrimination.

The motel was a large hotel in Atlanta that refused to rent to blacks. The owner claimed he had the right to rent however he wanted. Violated 5th Ammend thru deprivation of property use. Also that the owner was placed in involuntary servitude by forcing to rent to blacks, which is against 13th ammend.

Court Holding: Restrictions of adequate accommodations of Blacks for travel affects interstate commerce. Therefore congress has the power to regulate via the commerce clause

Ollie's BBQ sat 225 customers in Birmingham, Alabama. Located on a state highway and 11 blocks from a interstate highway. Half of the food it purchased came from another state.

Mcclung argued this his restaurant makes very little commerce impact and that the civil rights act protects him from doing as he pleases in private business.

Crt ruled that in fact, ollie's bbq did not have a huge impact on interstate commerce. However, racial segregation in who they serve, in that area, where people travel. Does have an impact. Congress has the power to regulate via the commerce clause.

The 14th ammend, protects against unreasonable search and seizure. As a result anything found in violation of the 14th ammendment cannot be used in state/federal prosecutions.

Cleveland police got a tip about a family harboring a fugitive. they busted into the house and waved a fake warrant. there really was no warrant. they found a box of lude and luscivious material.

This applied the evidence exclusionary rule to the states.

Florida Law would only afford counsel to those in capital cases. Gideon asked for it and was refused in his case. He took it to the supreme court and won. The supr. Crt. ruled that states are required under 6th ammendment to provide counsel in any criminal case where a defendant cannot afford his own.

Held that both inculpatory(proves guilt) and exculpatory(proves innocence) comments given by defendant during police interrogation are only allowed once defendant told that they can be used against him in court OR after defendant has chance to have counsel present.

Held cruel and unusual punishment would require consistency in application of death penalty cases.

caused nationwide moratorium(suspension/delay) of the use of death penalty

Article 1, Section 8 US Constitution

14th ammendment

Wrong against Society

State vs. Defendant

Prosecution

Beyond a reasonable doubt

A preponderance (majority) of the evidence.

Liability

Guilt/Innocence

$$$ vs Fine, Jail, or Death

1. Mens Rea (criminal intent)
2. Actus Reus (criminal act)

Twisted. A tort is an act that is twisted.

1. Intentional Tort
2. Negligence (no intent, carelessly done)
3. Strict Liability (mens rea component not need be proven, doesnt matter why you did at all. you did.)

oral defamation

written defamation

defamation through broadcast media

In judicial and legislative proceedings, speaker/writer will be immune from liability of defamation.

speaker is immune from liability if qualified in the following ways:
1. statement made in good faith
2. statement made by person with legitimate interest
3. statement made in reasonable manner

A court order commanding an action or to refrain from an action.

unreasonable interference with a person's right to use and/or enjoy his property.

Arises from a legal duty.

"But for" test

but for the action the plantiff wouldnt have been injured.

A duty we all have to be reasonably careful for others

Wal-Mart

1. Reasonable Person
2. of Ordinary Prudence
3. Acting under similar circumstances

implicit in the concept of ordered liberty

deeply routed in this nations history and tradition

Equal Protection of the Laws

5th-federal
14th-state

implied into due process clause of 5th ammendment by reverse incorporation

1. adequate notice of pending action
2. appearance before neutral judge
3. appearance personally and making oral presentation
4. presentation of evidence/witnesses
5. confrontation/cross-examination of evidence/witnesses
6. hiring and affordance of an attorney
7. being afforded a decision based only on the record, with a statement of reasons and some explanation.

Our fundamental guarantee of fairness, our protection against arbitrary, capricious, and unreasonable governmental action.

"Process" is required before govt takes life, libery, or property.

Ensures against improper application of the law and political feelings of the time. Ensures adequate and constant, and fair application of the law.

The remedy for Procedural is to be afforded more procedure; adequate notice and a meaningful opportunity to be heard.

To be granted a substantive right or to be guaranteed an outcome.

1. Existence of Duty
2. Breach of that Duty
3. Causation
4. Damages

The "But for" Test

Plaintiff is also accused of Negligence. Leads to many dropped cases because of the slight involvement plaintiffs can typically have.

Plaintiff voluntarily exposes himself to the danger.

1. Ultrahazardous Activities(wild animal keeping, dram shop laws, use of explosives)
2. Vicarious Liability
(responsible for employees' actions.
3. Product Liability
4. Dog Owner Liability

agreement manifested in words either orally or written.

agreement manifested by conduct(dental appointment)

Promise for an Act

Promise for a Promise

A contract that has not yet been performed.

Completely performed Contract.

1. Mutual Assent (offer and acceptance)
2. Consideration
3. Capacity (parties are legally capable of making contract)
4. Legality (issue is legal to begin with)

1. Expiration of Time
2. Rejection (conditional acceptance, counter offer, express refusal)
3. Revocation
4. Loss of Capacity(Death of Insanity Occurs)
5. Supervening Illegality
6. Destruction of Subject Matter (can't sell a boat after a hurricane steals it away)

The position everyone was in prior to situation.

No.
If its a gift tied to a bargained for exchange, it will become enforceable. A gift tied to doing something else.

1. Infancy
2. Insanity
3. Intoxication

Insanity that is not a evaluation by a doctor, but by a court.

The inability to understand the nature/consequences of one's actions(due to defect) They are incapable. No Mens Rea.

The inability to understand the nature/consequences of one's actions due to influence of drugs or alchohol.

The inability to understand the nature/consequences of one's actions due to age.

The charging in excess of the legal interest rate. All States have statute law stating what would be defined as legal.

Jury Selection

Typically 6, except in Capital Case(12) or in Emminent Domain Case.

At any stage in the case.

Complete Discretion. Noone even has to know. All info including winnings can be kept secret.

stating a fact of the case that has yet to be proved.