Chapter 1: Law: the body of rules of action or conduct that has binding legal force.

Laws must be obeyed by citizens subject to sanctions or legal consequences. English Common Law: created by the judicial system, and is the basis of the legal system in US. Civil Law: based on codes or statutes. Louisiana is a civil law state. Sources of Law: 1. Constitution: the US constitution establishes the federal government and enumerates is powers. Powers not given to the Federal government are reserved to the states. State constitutions establish state governments and enumerate their powers. 2. Treaties: the president, with the advice and consent of the Senate, may enter into treaties with foreign countries. 3. Codified Law: statues are enacted by the federal Congress and state legislatures. Ordinances are passed by municipalities and local government bodies. They establish courses of conduct that must be followed by covered parties. 4. Executive Orders: issued by the president and governors of states, executive orders regulate the conduct of covered parties. 5. Regulations and order of administrative agencies: the agencies are created by the legislative and executive branches of government. They may adopt administrative regulations and issue orders. 6. Judicial decisions: Federal and state courts decide controversies. In doing so, they issue decisions that state the holding of each case and the reasoning used by the court in reaching its decision. (stare decisis) Stare Decisis: the doctrine provides for the adherence to precedent. Chapter 2: US Constitution: the US constitution consists of 7 articles and 26 amendments. It establishes the three branches of federal government, enumerates their powers, and provides important guarantees of individual freedom. Below are basic constitutional concepts: 1. Federalism: the constitution created the federal government. The federal government and the 50 states governments share powers in this country. 2. Delegated Powers: when the states ratified the constitution, they delegated certain powers to the federal government. These are called enumerated powers. 3. Reserved Powers: those powers not granted to the federal government by the Constitution are reserved to the states. 4. Separation of Powers: each branch of the federal government has separate powers: a. Legislative branch: power to make Laws. b. Executive branch: power to enforce Laws.

c. Judicial Laws: power to interpret Laws. 5. Checks and Balances: certain checks and balances are built into Constitution to ensure that no one branch of the federal government becomes too powerful. Supremacy Clause: this clause stipulates that the US Constitution, treaties, and federal law (statues and regulations) are the supreme law of the land. State and local laws State or local laws that conflict with valid federal law are unconstitutional. This is called the preemption doctrine. Commerce Clause: this clause authorizes the federal government to regulate commerce with foreign nations, among the states and with Indian tribes. 1. Commerce with Native Americans: the federal government has the authority to regulate commerce with Native Americans. One example is the passage of the federal gaming law that permits casino gambling on tribal land. 2. Foreign Commerce: the federal government has authority to regulate commerce with foreign nations. 3. Interstate Commerce: the federal government has authority to regulate interstate commerce. Under the broad effects test, the deferral government may regulate any activity (even intrastate commerce) that affects interstate commerce. a. Dormant commerce clause: where the federal government has the power to regulate commerce but has chosen not to. b. Undue burden on interstate commerce: any state of local law that causes and undue burden on interstate commerce is unconstitutional as a violation of the Commerce Clause. Bill of Rights: the first 10 amendments to the Constitution, which establish basic individual rights. Freedom of Speech: a clause of the first amendment which guarantees that the government shall not infringe on a person s right to speak. It protects oral, written and symbolic speech. This right is not absolute that is, some speech is not protected and other speech is granted limited protection. The US Supreme Court recognizes three types of speech: 1. Fully Protected Speech: speech that cannot be prohibited or regulated by the government. 2. Limited Protection Speech: types of speech that are granted limited protection under the Freedom of Speech Clause that is, are subject to governmental time, place and manner restrictions: a. Offensive Speech b. Commercial Speech 3. Unprotected Speech: speech that is not protected under the Freedom of Speech Clause: a. Dangerous speech b. Fighting words c. Speech that advocates the violent overthrow of the government d. Defamatory language e. Child pornography

f.

Obscene speech

Freedom of Religion: there are two religion clauses in the First Amendment: 1. Establishment Clause: prohibits the government from establishing a state religion or promoting religion. 2. Free Exercise Clause: prohibits the government from interfering with the free exercise of the religion. This right is not absolute: for example, human sacrifices are forbidden. Equal Protection Clause: prohibits government from enacting laws that classify and treat similarly situated persons differently. This standard is not absolute and the government can treat persons differently in certain situations. The US Supreme Court has applied the following tests to determine if the Equal Protection Clause has been violated: 1. Strict Scrutiny test: applies to suspect classes (race, national origin and citizenship) and fundamental rights (voting). 2. Intermediate Scrutiny Test: applies to other protected classes (gender). 3. Rational Basis Test: applies to government classifications that do not involve a suspect or protected class. Due Process Clauses: provide that no person shall be deprived the right of life, liberty, or property without due process. There are two categories of due process: 1. Substantive due process: requires that laws be clear on their face and not over broad scope. Laws that do not meet this test are void for vagueness. 2. Procedural Due Process: requires that the government give a person proper notice to hearing before that person is deprived of his or her life, liberty or property. An owner must be paid just compensation if the government takes his or her property. Privileges and Immunities Clause: prohibit states from enacting laws that unduly discriminate in favor of their residents over residents of other states. Chapter 3: State; Washington, DC; and Territory Courts: 1. Limited-jurisdiction trial courts: courts that hear matters of a specialized or limited nature (e.g., misdemeanor, criminal matters, traffic ticket, civil matter under a certain dollar amount) 2. General-jurisdiction trial courts: courts that hear cases of a general nature, that are not within the jurisdiction of the limited-jurisdiction trial courts. 3. Intermediate Appellate Courts: courts that hear appeals from state trial courts. 4. Highest State Court: each state, the District of Columbia and territories of United States has a higher court in its court system. This court hears appeals from appellate courts, and where appropriate, trial courts.

Federal Court System: Special Federal Courts: have a specialized or limited jurisdiction. 1. 2. 3. 4. 5. U.S. Tax Court: this court hears cases involving federal tax laws. U.S. Court of Federal Claims: hears cases brought against the U.S. U.S. Court of International Trade: hears cases involving tariffs and international trade disputes. U.S. Bankruptcy Court: hears cases involving federal bankruptcy laws. U.S. Court of Appeals for the Armed Forces: hears cases involving members of the armed forces. 6. U.S. Court of Appeals for Veteran Claims: hears cases involving veterans of the armed forces.

U.S. District Courts: federal trial courts of general jurisdictions that hear cases not within the jurisdiction of specialized courts. There is at least one U.S. district court per state. The area served by each of these courts is called a district. 1. Court of Appeals for the Federal Circuit: this court views patent, trademark, and international trade cases. 2. Twelve other courts of appeal: these courts 11 courts designated by number (e.g., First Circuit) and one court located in Washington, DC hear appeals from U.S. district courts located in their circuit and, in certain circumstances, from special federal courts and federal administrative agencies. Supreme Court of U.S.: also called the US Supreme Court, is the highest court of the federal court system. It hears appeals from the circuit courts and, in some instances, from special courts and US district courts. The Court is located in Washington, DC, and is composed of nine justices, one of whom is named chief justice. Jurisdiction of the US Supreme Court: an appellate court, hears appeals from federal circuit court of appeals, and under certain circumstances, from federal district courts, special federal courts, and the highest state courts. Decisions of the US Supreme Courts: to have a case heard by the US Supreme Court, a petitioner must file a petition for certiorari with the Court. If the Court decides to hear the case it will issue a writ of certiorari. The Supreme Court can issue several types of decisions, which are: 1. Unanimous Decision: in this type of decision, all of the justices agree as to the outcome and reasoning used to decide the case. The decision becomes precedent. 2. Majority Decision: in this type of decision, a majority of justices agree as to the outcome and reasoning used to decide the case. The decisions becomes precedent. 3. Plurality Decision: in this type of decision, a majority of justices agree to the outcome but not the reasoning. The decision is not precedent. 4. Tie Decision: if there is a tie vote, the lower court s decision stands. The decision is not precedent.

Concurring and Dissenting Opinions: 1. Concurring Opinion: a justice who agrees as to the outcome of the case but not the reasoning used by other justices may write a concurring opinion setting forth his or her reasoning. 2. Dissenting Opinion: a justice who disagrees with the outcome of a case may write a dissenting opinion setting forth his or her reasoning for dissenting. Jurisdiction of Federal Courts: federal courts have limited jurisdiction. They may hear the following cases: 1. Federal Question: federal courts can cases involving federal questions, such as cases involving the US Constitution, treaties, and federal statutes and regulations. 2. Diversity of Citizenship: federal courts can hear cases that otherwise involve state court issues if the lawsuit is between (i) citizens of different states or (ii) a citizen of a state and a citizen or a subject of a foreign country. Federal courts must apply the appropriate state law in such cases. Jurisdiction: 1. In personam jurisdiction: the court must have jurisdiction over the parties to a lawsuit. This is called in personam (or personal) jurisdiction. The plaintiff submits to the jurisdiction of the court by filling the lawsuit there. Personal jurisdiction is obtained over the defendant through service of process or permissible alternative forms of notice to that person. a. Long-arm Statute: permits a state to obtain a personal jurisdiction over a nonresident defendant in a civil lawsuit as long as the defendant had the requisite minimum contact with the state such that the maintenance of the lawsuit in that state does not offend traditional notions of fair play and substantial justice. 2. In rem jurisdiction: a court may have jurisdiction to hear and decide a case because it has jurisdiction over the property at issue in the lawsuit (e.g., real property located in the state). 3. Quasi in rem jurisdiction: a plaintiff who obtains a judgment against a defendant in one state may utilize the court system of another state to attach property of the defendant s that is located in the second state. Venue: requires lawsuits to be heard by the court of the court system that has jurisdiction to hear the case that is located nearest to where the incident occurred, where witnesses and evidence are available, and such other relevant factors. A change of venue will be granted if prejudice would occur because of pretrial publicity and another reason. 1. Forum Selection Clause: a clause in a contract that designates the court that will hear any dispute that arises out of the contract. 2. Choice of Law Clause: a clause in a contract that designates the law that will apply to any dispute that arises out of the contract.