Lecture Notes for Introduction to Law, 7th Edition

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1CHAPTER 1THE HISTORICAL BASIS AND CURRENTSTRUCTURE OF THE AMERICAN LEGALSYSTEMCHAPTER OUTLINEThe Historical Basis of American Law•Before the Government•The Results of the Revolution•The Influence of Political Theories•Balance as the Key to SuccessThe Modern Legal System•The Sources of Law•The Hierarchy of Law•The Exception to the Rule of HierarchyLECTURE KEYS1.Early American settlers came to escape religious persecution and take advantageof economic opportunities. Settlers used many of the laws of their homelands andbrought their prevailing attitudes toward religion. Under these laws and attitudes,people were charged and punished by the government for committing acts thatwere regarded as sinful and thus illegal.2.As the population grew, foreign governments increased their efforts toestablish a formal and permanent influence in the New World byestablishing government offices and authorities and imposing taxes on therich natural resources and products of America.3.Many of the colonists did not want to be under the rule of a foreign governmentthat they believed would not be responsive to the will of the people and wouldnot allow them to maintain the personal freedoms they had gained by leavingthose countries in the first place.4.The need to establish a permanent government structure in order to manage issueson a local basis, raise a military for defense, and avoid rule by another countrywas realized. Despite some movement toward creating many small independentnations, representatives of the colonies agreed success was more likely if therewas a unified front.5.The concept of crime being equal to what was considered wrong or sinful asdefined by those in authority was based on the naturalist theory—a belief that allpersons were born with the ability to distinguish the difference between right andwrong and the knowledge of their responsibility to act in the proper manner.See Practical Application1.1 and the Point for Discussion.

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26.Increases in population from different cultures with different mores, values, andrules resulted in a more diverse group of legal representatives and differentopinions of right and wrong. This in turn led to the need for a more detailed anddeveloped legal system.7.The first formal and international action by the colonies as a collective group wastheir issuance of the Declaration of Independence. Today most Americansconsider it the bedrock of our nation, but originally it was more or less aformality. Essentially, independence was in name only, and at first was defendedby a largely unsophisticated, poorly armed, and disorganized band of citizensagainst the potential threat of Great Britain and other governments.8.The new central government was guided by the adoption of the Articles ofConfederation. The Constitution was not passed until 11 years later inSeptember 1787.9.The Articles of Confederation bore little resemblance to the current Constitution.Under the Articles of Confederation,•each state sent delegates as members of Congress who then nominated andelected a president among themselves;•the delegates wrote and passed all laws;•the delegates acted as judges in disputes among the states;•the delegates negotiated treaties; and•the duties assigned the president were to preside over sessions of Congress andact as an ambassador to, and receive representatives of, other governments’ alllegal disputes with respect to individuals continued to be dealt with by eachstate’s own system of justice.10.The Articles of Confederation and Congress were largely ineffective on a locallevel. The national government had none of the following:•Enforcement power•Judges•Jails•Ways to force collection of the monies that each state was supposed to contribute•Money of its own and no way to get it other than by voluntary contribution•Organization to support a national army•Staff of government employees to operate the government when Congress wasnot in session11.An early and real issue for the permanent government was whether to allow thestates to continue in existence in any sort of individual fashion. Several delegates,including some from the South, believed individual states should be abolished andall people and legal issues should be governed by a central authority. In history,small states within a country often ended up in conflict with one another. In thisinstance, however, the idea failed to gain popular support. The citizens werefiercely independent and sought to preserve as much personal freedom fromgovernment as possible.12.Separate state governments and a unified national government with specificfunctions were created. The states were left intact to respond effectively andquickly to the needs of citizens and individual state economies. The national

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3government was formed to protect the fundamental rights of all citizens andensure that state governments would not interfere with individual rights. Thenational government would also handle national issues such as interstatecommerce, Indian affairs, immigration, and international issues such as treatiesfor trade and nonaggression.13.The members of the Constitutional Convention agreed on three distinct branchesof government, each with separate duties and all with the obligation to cooperatewith and monitor the other branches to ensure that no one branch obtained toomuch power. This separation of powers was a direct attempt to prevent themonarchy type of government that so many colonists sought to avoid by comingto America.14.The first branch of government created was the legislative branch and was calledCongress.•Congress would be elected by the people (members of the House ofRepresentatives directly by the people, and members of the Senateindirectly—that is, by state legislatures until the Seventeenth Amendment wasratified in 1913).•Congress would retain the sole authority to make statutory law. In this way, thepeople as a whole would always have significant influence in making the lawsthat all persons were required to follow.15.The second branch of government created was the executive branch. Thepresident was given authority to head the executive branch at the national level.This structure is paralleled in the states where each state executive branch isheaded by a governor.16.Under the Constitution, the president (the head of the executive branch)•is elected indirectly by the people through the electoral college;•has power to approve or reject laws passed by Congress, although the power isnot absolute and the president cannot deny the authority of Congress to enactlaw if it is, in fact, the will of the majority that such law be enacted (rejectionby the president of a law enacted by Congress is known as theveto powerandcan be overridden by a significant majority of Congress);•has several important functions with respect to foreign affairs; and•has the ultimate duty to enforce the laws of the United States.17.The third and final branch of government was the judiciary, which was needed toprotect the Constitution and serve as mediator of disputes. This branch ofgovernment has the authority and responsibility to interpret laws and protect theConstitution from violation by Congress, the president, or the states. Although theConstitution vests the ultimate authority to enforce laws in the president, inpractice, the judiciary also assists in enforcement when the courts apply law tospecific cases.18.Independent operation of the branches but with the power of the branches toinfluence one another better protects one branch from obtaining too much poweror using its power unwisely. Each branch can use its specially designated powersto make sure the other branches act within their constitutionally prescribedlimits—checks and balances.

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419.Congress, with the approval of the people, subsequently passed the Bill ofRights, which protects essential fundamental human freedoms from governmentinfringement on those matters presumed to be inherently personal and a matterof choice for all human beings. The following rights are specifically protected:•Freedom of speech, religion, and press; peaceable assembly; petitions forgovernmental change (First Amendment).•Right to bear arms (Second Amendment).•Freedom from unreasonable invasion of home by the government forpurposes of search and seizure of persons or property, or occupation bymilitary other than as prescribed (Third and Fourth Amendments).•Right to have an independent judicial magistrate determine if probable causeexists before a search or arrest warrant can be issued (Fourth Amendment).•Right not to be tried twice for the same crime (Fifth Amendment).•Right not to have persons or property seized without due process (FifthAmendment).•Right to a speedy and public trial (Sixth Amendment).•Right to an impartial jury in the jurisdiction where the alleged crime occurredor the dispute is governed by common law (Sixth and Seventh Amendments).•Freedom from forced self-incrimination (Fifth Amendment).•Right to counsel in criminal prosecutions (Sixth Amendment).•Right of the accused to know of the crime alleged (Sixth Amendment).•Right of the accused to confront the witnesses for the prosecution (SixthAmendment).•Right not to be subjected to excessive bail (Eighth Amendment).•Freedom from cruel or unusual punishment (Eighth Amendment).•Freedom from use of the Constitution to limit individual rights not mentioned(Ninth Amendment).•Right of the states to govern on matters not addressed in the Constitution orits amendments (Tenth Amendment).20.The Supreme Court has been increasingly asked to resolve issues that determinethe rights of persons to be free from governmental intrusion into their privatelives. From time to time, additional language regarding these freedoms has beenadded through amendments to the Constitution as Congress and the people havedeemed appropriate.21.All law created in this country must be consistent with, and embody the spiritof, the rights guaranteed in the Constitution and its Bill of Rights. Thisincludes legal standards issued by the executive branch to clarify and definestatutory law, and those issued by the judiciary, which interprets and appliesthe law to individual situations.See the answers to Assignments 1.1 and 1.2.22.The positivist theory proposes that a government should have a single entity todetermine what is right and wrong as a matter of law and that it is not subject toquestion or challenge. This theory is evident in the court of last resort—the U.S.Supreme Court. Short of a constitutional amendment, the decisions of theSupreme Court are not subject to any other authority.

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523.Sociological theory suggests that people as a group determine what is and is notacceptable, based on the needs of society at the time. It holds that the law is in aconstant state of change and adjusts accordingly to the needs of society.24.The U.S. Constitution is the product of three philosophies: naturalist theory,positivist theory, and sociological theory. If citizens believe a law is wrong, theycan lobby to have it changed. If they believe their elected representatives are notenacting laws that embody the beliefs of the people, they can elect newlegislators. If the legislature passes a law that appears to violate the Constitution,citizens can challenge the law in those courts that have the power to resolve theissue by upholding the statute or invalidating it as unconstitutional.25.Courts continually face the task of balancing competing interests. The traditionalbalance is the challenge facing every judge to enforce the laws to the extentnecessary to protect the rights of the public while permitting the greatest amountof personal freedom possible for the individual. Simply stated, the traditionalbalance equals the rights of the people versus the rights of the individual.26.In essence, the modern balance is the need to enforce existing legal principlesbased on the Constitution versus the need to adopt legal principles more reflectiveof current society. This balance has been accomplished without ever disturbing thefundamental structure set forth in the Constitution. Indeed, the modern balance isthe ability to enforce law consistently while retaining enough flexibility to adapt tochanges in societal standards.See Practical Applications 1.2, 1.3, and 1.4 and the Points for Discussion.27.The first government was a single Congress of senators and representatives fromthe 13 colonies (the Senate with two senators elected by each state legislature andthe House of Representatives with members proportionate to the population ofeach state), a president whose role was still not well defined beyond basic dutieslisted in Article II of the Constitution, and a single court to serve as the judiciaryfor an entire nation.28.Today, that same Congress includes more than 500 voting senators andrepresentatives elected by the population of each of the 50 states. The presidencyhas developed into a complicated office that not only represents this country inforeign affairs but also oversees the administrative agencies of government andapproves or rejects all acts of Congress. The federal judiciary has grown toinclude three separate levels: The Supreme Court, 13 U.S. circuit courts ofappeals, and more than 90 U.S. district courts.29.Law, which is also known as a legal standard or legal principle, comes in differentforms and from different sources. It can apply to people in general, a particulargroup of citizens, or a specific person or entity such as a corporation.30.Statutory lawis enacted by a state legislature or by Congress. If a state legislatureenacts a law, all persons and entities legally present in the state must obey it. IfCongress enacts a federal law, all persons legally present in the nation arerequired to follow it. Once approved by the legislature, a statute will generallycontinue indefinitely as law until either the legislature repeals (deactivates) it orthe high court of the state or federal government rules it unconstitutional.

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631.Federal laws must be consistent with the U.S. Constitution, whereas state lawsmust be in accordance with both the state and the federal constitutions.Similarly, no state constitution can conflict with the U.S. Constitution. Theprovision of the U.S. Constitution declaring that federal laws take precedenceover conflicting state laws is known as thesupremacy clause.See Exhibit 1.1: Sample Legislative Language.32.The language of statutes is broad enough to include as many potential situationsas possible. However, if a court determines that a law is written so vaguely thatcitizens cannot determine exactly what is and is not acceptable conduct, the lawwill not be upheld as valid. The Constitution guarantees the right to fair notice ofwhat is considered illegal conduct and what is required in a particular situation.33.Injudicial law,the judiciary interprets law from other sources and has power onoccasion to create legal standards known as case law. Judges may consider a legalstandard and determine whether it was meant to apply to the circumstances of aparticular case. Persons in similar situations may then look to the judge’s decisionto guide their own conduct. When no law exists, judges are responsible formaking law or extending decisions of judges in previous similar cases.34.The continuation of existing legal standards is commonly referred to asstaredecisis(literally, “let the decision stand”). Following the same legal principlesin similar cases gives consistency and stability. People can look to the past forguidance in what to expect from the courts in the future.35.When a court appliesstare decisis,it is following a precedent—that is, apreviously established legal standard.See “Case Briefs: Instructor Notes”:In the Matter of the Estate of Marc R.Beauregard,456 Mass. 161, 921 N.E.2d 954 (Mass., 2009).36.In many sectors of our society and economy, large numbers of people or areas ofcommerce need specific guidelines. It would be unduly burdensome andincrease the likelihood of inconsistent decisions from different judges indifferent areas if the judiciary had to handle all cases that arose. Yet the areas areso specific as to require attention from the government that would be toocumbersome of the Congress. The response to dilemmas of this sort has been theadvent ofadministrative law.37.The executive branch has the primary responsibility to determine when a law hasbeen violated or whether the law is even applicable to a particular situation.Administrative agencies are overseen bythe executive branch with directinfluence by the Congress and the judiciary. At the federal level, the president isassisted by administrative agencies in carrying out the law enacted by Congress.38.Administrative law primarily consists of two elements: administrative regulations(sometimes called rules) and administrative decisions. Administrative law is anextension of statutory law established by Congress. Failure to obeyadministrative law can result in penalties or even criminal prosecution.39.Administrative agencies issue regulations or rules that more specifically definethe broadly written statutes.

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740.Administrative decisions issued for highly specific cases have the same effectof law as judicial or legislative law. These cases usually involve persons orentities that challenge the authority of the agency to issue or enforce aparticular regulation.See Exhibit 1.2: Entitlement of Tenants to Occupy.41.U.S. law is governed by a distinct hierarchy. First in the hierarchy is the U.S.Constitution. Although technically the Constitution and its amendments arestatutory law, they are considered superior to allother laws because theyestablished the governmental structure and the process for creating all other laws.42.Next in the hierarchy of laws are the legislative (statutory) acts of Congress.Statutes have greater weight than judicial or administrative law because statutesare enacted by Congress and state legislatures, which are composed of peopleelected by the people. Thus, statutes are most likely to represent the lawsintended for and desired by the majority.43.The judiciary has the authority to interpret legislation and to fill in gray areaswhere the law is unclear or nonexistent. The judiciary is also obligated toensure that the law is consistent with the Constitution. When the judiciarydetermines that the law does not meet the requirements of the Constitution, ithas the authority to declare the law invalid and thereby supersede the ordinarilysuperior statutory law.44.Constitutionality is the only basis for judicial rather than statutory law controllingan issue.45.Last in the hierarchy is administrative law. Administrative agencies assistCongress by issuing regulations and decisions that clarify and aid in theenforcement of statutes. However, Congress has the right to eliminate an agencyor regulations that are inconsistent with legislative objectives. The judiciary alsohas the authority to overrule actions of an agency when such actions areunconstitutional.See the answers to Assignment 1.3.CASE BRIEFS: INSTRUCTOR NOTESWhat follows is the case brief for the case included within the seventh edition text.They can be used to check case brief assignments or to quickly review the materials.In the Matter of the Estate of Marc R. Beauregard, 456 Mass. 161, 921 N.E.2d954 (Mass., 2009)Facts:Decedent died unmarried and childless, leaving his parents as sole heirs.Plaintiff, who lived at the same address as decedent, produced a copy of decedent’swill in which significant assets were bequeathed to plaintiff. Plaintiff filed a petitionfor probate of a “copy of a will” because the original will could not be located.Decedent’s parents and siblings filed objections to the petition. The trial court appliedthe evidentiary presumption that when a will that was known to exist cannot be found,it is presumed the decedent destroyed the will with the intent to revoke it. The trialcourt found that decedent had indeed executed a will but that plaintiff failed to rebut

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8the presumption that decedent destroyed the will with the intent to revoke it. Plaintiff’spetition was dismissed. Plaintiff appealed.Issue:Whether the trial court erred in finding that plaintiff failed to rebut thepresumption that the will that was known to exist and could not be found wasdestroyed by decedent with the intent to revoke the will.Law:Where a will once known to exist cannot be found after the death of the testator,there is a presumption that it was destroyed by the maker with an intent to revoke it.Miniter v. Irwin, 331 Mass. 8, 9 (1954)It must be demonstrated by a preponderance of the evidence that the testator didnot destroy the will with the intent of revoking it.Matter of the Estate of Leggett, 584So. 2d 400, 403 (Miss. 1991)Rule:The trial court found that decedent was young, healthy, and fully competent atthe time of his death, so it is unlikely he lost the will. The trial court further noted thatthere was a brief time between the date the will was executed and the decedent’s death,which left little time to lose the will. The trial court made its decision to deny petitionfor probate based on its finding that plaintiff failed to rebut by a preponderance of theevidence the presumption that the will that could not be located was destroyed by thedecedent with the intent to revoke it.Affirmed.ASSIGNMENT 1.1Consider the following situations and identify which parts of the Bill of Rights wouldallegedly protect the behavior.1.The right to have a parade to celebrate Gay Pride.Answer:First Amendment’s right to peaceable assembly.2.The right to not be forced to pray, or participate in prayer, in a public school.Answer:First Amendment’s freedom to establish religion.3.The right to refuse entry to one’s home by a government official who does not havea warrant.Answer:Fourth Amendment’s freedom from unreasonable search.4.The right to refuse to answer questions by the police.Answer:Sixth Amendment’s right to counsel in criminal prosecutions.5.The right to be released from jail before trial if the defendant deposits a sum withthe court that is reasonably expected to deter the defendant from fleeing thejurisdiction or committing additional crimes.Answer:Eighth Amendment’s right to bail that is not excessive under thecircumstances.6.The right to set fire to an American flag in a public place as a political statement.Answer:First Amendment’s right to free speech.7.The right of media to be present during the trial in a criminal prosecution.Answer:Sixth Amendment’s right to a public trial.

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98.The right to carry or own multiple registered weapons.Answer:Second Amendment’s right to bear arms.9.The right of a defendant to refuse to testify in a criminal trial against himself orherself.Answer:Fifth Amendment’s freedom from forced self-incrimination.10.The right of a defendant charged with sexual assault to force the alleged victim totestify at trial and answer questions about the allegations.Answer:Sixth Amendment’s right of confrontation of witnesses for theprosecution.ASSIGNMENT 1.2Identify five modern-day situations where the rights of an individual are at odds withthe rights of the public as a whole.Answer:Responses will vary but should reflect the boundary between individualfreedoms and the best interests of society.Example:The right of a motorcyclist to choose whether to wear a helmet versus theright of the public to protect themselves from the costs to the government in providinglong-term care for individuals who sustain severe brain and other serious relatedinjuries as a result of a motorcycle accident in which the injured individual did not weara helmet.ASSIGNMENT 1.3Examine the following situations and explain which source of law would mostappropriately deal with each situation.1.The criteria used to determine whether an individual is placed on the “No FlyList” for passengers traveling by air.Answer:Because ensuring the safety of air travelers is the responsibility offederal law enforcement agencies, these administrative agencies would create thecriteria used to determine the No Fly List. However, because the list raises civilliberties and due process concerns, due in part to the potential for ethnic,religious, economic, political, or racial profiling and discrimination, the judiciaryis likely to be asked to determine whether the criteria used to determine the NoFly List violate constitutional rights.2.The definition of what constitutes driving under the influence.Answer:Operating a vehicle on public roads affects virtually all citizens. As aresult, the legal standards would generally be statutory. However, the specificcircumstances of an individual accused of having violated those laws would bemost properly addressed by a judge who could consider all of the relevant facts ofthe particular situation.

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103.An individual is arrested after purchasing eggs, then hatching and raising severalbaby chicks to use in a home school science project on the basis they violated alaw prohibiting harboring livestock within city limits. At 4 months of age, and theend of the experiment, the chicks were given to a farmer.Answer:The legal standards with respect to what types of activities are allowedwithin city limits would be best addressed by an elected body (e.g., zoningcommittee) representing the residents of that city. This would ensure that thestandards are consistent with the best interests of the majority of the residents.INTERNET ASSIGNMENT 1.1Locate the official government Web site for each branch of state government where youlive.Answers will vary.INTERNET ASSIGNMENT 1.2Using the Internet, determine whether the constitution for your state has been amended,and if so, when.Answers will vary.PRACTICAL APPLICATION 1.1Point for Discussion:Even today, cultural differences among even members of thesame religion can be profound in terms of the definitions of acceptable conduct. Canyou identify any similar differences that exist today, or that may have existed at thetime of American colonization, that could have legal ramifications?Conflicting views toward abortion are a strong illustration of how cultural differencesamong members of the same religion have legal ramifications. As an example,throughout Christianity, there is a shared belief that life is valued and should beprotected. However, within Christianity there are intensely conflicting views aboutwhether a pregnant woman has a right to make decisions that affect her body orwhether her rights are superseded by the right of her unborn child to survive.Christians within cultures that have a more liberal viewpoint are more likely to supporta woman’s right to choose, and those within cultures that have a more conservativeviewpoint staunchly support the right to life. Legislatures have grappled with the issueand passed laws that they believe reflect the values of the majority of the community.The U.S. Supreme Court has examined those laws closely, most famously throughRoev. Wade, and has nullified any laws that it finds violate the rights of individuals asguaranteed in the Constitution.Other examples of cultural differences include conflicting views toward gaymarriage, physician-assisted suicide, and the death penalty.

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11PRACTICAL APPLICATION 1.2Point for Discussion: What do you think of the reasoning of the Justice in explainingthe balance that must be struck when competing values are in conflict?A well-structured argument will take into account on the one hand, the businessowner’s right to be free to think, to believe any way they wish and to pray to the God oftheir choosing. On the other hand, we must realize that the law in New Mexico grants thecustomers the right to engage in the commercial market place free from discrimination.PRACTICAL APPLICATION 1.3Point for Discussion:At what point should someone’s personal right to bear armsbecome limited?Although an individual’s right to bear arms is guaranteed by the Second Amendment,that individual right cannot infringe upon the right of people to live safely and withoutfear. If an individual is stockpiling large amounts of weapons, ammunition, andexplosives, that poses a danger to the people around him or her if an accident occursand sets off an explosion. More troubling is the possibility that the individual couldintentionally use the weapons and explosives to fend off what he or she perceives areattacks on his or her freedom. In this case, it is the responsibility of the government—through legislative laws, judicial overview, and administrative law enforcement—tocurtail the rights of the individual to protect rights of society as a whole.PRACTICAL APPLICATION 1.4Point for Discussion: Was it prudent of the Court to act as it did, or should it have waitedfor the democratic processes at the state level to play out on this issue?A well-structured discussion will recognize the right of states to pass laws to protect thehealth and safety of its citizens. Marriage has been an area where states have traditionallyenacted laws that regulate who can lawfully marry. However, the Supreme Court has theobligation to interpret the Constitution. In doing so, the Court must look to the nation’svalues, history traditions, and changing societal norms to protect groups that have beendisfavored under the current law.REVIEW QUESTIONS1.What was the structure of the U.S. government under the Articles ofConfederation?The United States operated in a singular government structure under the Articles ofConfederation. Each state sent delegates as members of Congress, who thennominated and elected a president among themselves. The delegates passed laws,acted as judges in disputes among the states, negotiated treaties, and served as thegovernment for the new nation. The president presided over the sessions ofCongress as head of the delegates and acted as an ambassador for the nation.

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122.What political theories influenced the structure of the U.S. government?The three theories that influenced the structure of the U.S. government are as follows:a.naturalist theory—based on the belief that all persons are born with theability to distinguish between right and wrong and the knowledge that theyare responsible for acting in the proper manner;b.positivist theory—proposes that a government should have a single entity todetermine what is right and wrong as a matter of law; andc.sociological theory—holds that the law is in a constant state of change andadjusts according to the needs of society.3.How does the U.S. Constitution guarantee that power will not fall intothe hands of one person?The U.S. Constitution guarantees that power will not fall into the hands of oneperson by establishing three distinct branches of government:a.legislative branch—Congress is elected directly by the people and has the soleauthority to make statutory law;b.executive branch—the president is indirectly elected by the people through theelectoral college and has the power to (i) approve or reject acts of Congress,though the power is not absolute, (ii) represent the country in foreign affairs,and (iii) enforce the laws of the United States;c.judicial branch—the judiciary has the responsibility to interpret thelaws and protect the Constitution from violation by Congress, thepresident, or the states.Through a system of checks and balances, these three branches operate independentlybut with the power to influence each other, ensuring that one branch does not gaintoo much power.4.Explain how each political theory appears in modern-day government.The naturalist theory is reflected in the language of the U.S. Constitution andespecially the Bill of Rights, which state what was and continues to befundamentally fair. The positivist theory is also apparent in the U.S. Constitutionand Bill of Rights, which contain statements indicating an ultimate authority thatinterprets the laws and decides how they should be enforced. The U.S. SupremeCourt is an example of positivist theory. Short of a constitutional amendment,decisions by the U.S. Supreme Court are not subject to any other authority. Thesociological theory is evident in government structure in the way society influencesthe government and laws by electing members of Congress, selecting the president,and even approving or rejecting constitutional amendments andcertain other laws.As society’s needs change, the flexible system of government allows passage oflaws and election of representatives who will enact laws suited to the changingtimes.5.The flexibility and stability elements of the modern balance expresswhat goals of the judiciary?Modern balance reflects the goal of the judiciary to balance the need for consistencyand stability against the need for a flexible and adaptive government. In essence, it isthe need to enforce existing legal principles based on the Constitution versus theneed to adopt legal principles that are more reflective of current society.

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136.The individual elements and the elements of the people as a whole of thetraditional balance represent what goals of the judiciary?Traditional balance reflects the goal of the judiciary to allow maximum personalfreedom without detracting from the welfare of the general public. Simply put, it isthe Rights of the People versus the Rights of the Individual.7.Explain the difference betweenstare decisisand precedent.Stare decisis,which literally means “let the decision stand,” holds that following thesame legal principles in similar cases gives the legal system consistency. When acourt appliesstare decisisand follows the same type of ruling as issued in aprevious, similar case, it is following a precedent, which is a previously establishedlegal standard.8.Give two characteristics of each type of legal standard: statute, case, andregulation. (An example of a characteristic would be the source of thelegal standard.)Two characteristics of statutes, case law, andregulations: Statute:a.Statutes are enacted by federal and state legislatures.b.Statutes are broadly to apply to allpersons.Case law:a.Opinions issued by the judiciary in legal disputes have the effect of law.b.In case law, members of the judiciary interpret the law and apply it toindividual circumstances based on legal principles in previous, similar cases.Regulation:a.Regulations are issued by administrative agencies under the direction of theexecutive branch.b.Regulations more specifically define broadly written statutes.9.What is the only situation in which judicial decision is more powerful than astatute?The only situation in which a judicial decision is more powerful than a statute iswhen the judiciary determines that the law does not meet the requirements of theConstitution.10.Why does the executive branch have the power to createadministrative law through administrative agencies?The executive branch has the power to create administrative law throughadministrative agencies because the Constitution gives it the duty to enforce thelaw. This involves determining whether a law has been violated or whether it iseven applicable to a particular situation.

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14CHAPTER 2THE COURTSCHAPTER OUTLINEThe Purpose and Effect of Judicial Law•Characteristics of Judicial Law•Clarification of the Law•Protection of the LawThe Structure of the Judicial System•Trial versus Appellate Courts•The Federal Court System•The U.S. District Courts•Special Federal Courts•The U.S. Courts of Appeals•The U.S. Supreme CourtThe State Court SystemThe Process of Legal Analysis•Legal Analysis of Case Law (Judicial Opinions)•The Facts•The Legal Issue•The Law•The Rule•Statutory and Administrative Analysis•Application of Legal AnalysisLECTURE KEYS1.The judiciary•reviews the acts of Congress and the executive branch,•is expected to have the knowledge and objectivity to examine individualsituations and determine appropriate legal standards and how they shouldapply—this is what is meant by “the letter and spirit of the law”,•provides access to the governmental system for the entire population, and•is designed to provide fairness and enforcement of rightsof all persons. See Practical Application 2.1 and thePoint for Discussion.See “Case Briefs: Instructor Notes”:People v. Kevorkian, 447 Mich. 436, 527N.W.2d 714(Mich. 1994).

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152.Interpretations of statutory or administrative law occur anytime a statute oradministrative regulation or decision is an issue. The statute and the facts of thecase are reviewed, and applicable legal standards are employed to determine theresult.3.No two cases are exactly alike, but a judge may apply the same ruling used inprevious cases that have striking similarities such as the facts of the case, legalissues involved, or both.See Practical Application 2.2 and the Point for Discussion.4.In cases when no applicable statute or administrative law exists, a judge isrequired to establish the law. This may be done by looking to case law (theprecedents of past similar cases) and applying the principle ofstare decisis.5.When no prior judicial precedent or applicable statutory or administrative lawexists, a judge must create a legal standard. This is known as common law, a termthat has carried over from medieval times when judges created law for thecommon man. Technically, common law is defined as a newly established legalprinciple, whereas case law is the application ofstare decisis(perpetuate andcontinue application of a prior legal principle). In actual practice, the termscommon law and case law have come to be used interchangeably. The basicconcept is that the terms represent judicially created law.6.Individuals can look at existing case law in relation to their own situations. Bycomparing established precedents, persons involved in lawsuits can often predictwith some certainty the likely outcome of their case. In so doing, through aprocess known aslegal analysis,they can make intelligent decisions aboutwhether to pursue, settle, or dismiss a dispute.See the answers to Assignment 2.1.7.A second function of the judiciary is to protect and uphold law that is consistentwith the Constitution. See Practical Application 2.3 and the Point for Discussion.8.Federal and state court systems consist of two basic types of courts: trial andappellate. The trial court is the court in which the case is presented to the judgeor jury. In the trial court, each party follows certain required procedures toprepare the evidence for a fair and complete presentation. The judge and, inmany cases, a jury hear the evidence to support the claims of both sides of thedispute. When this is completed, a verdict is then given that declares whetherthe defendant is at fault for violation of a legal standard.9.A court that hears trials is known as acourt of original jurisdiction.This iswhere the case is determined for the first time (originates). If a party believesthe trial court verdict is the result of failure to properly follow legalrequirements for the proceedings, then that party may choose to appeal theverdict.10.When a case is brought on appeal, the judges of an appellate court will reviewpart or all of the trial court’s proceedings. An appellate court has authoritysuperior to that of a trial court and has the power to change the trial court’sverdict.

Lecture Notes for Introduction to Law, 7th Edition - Page 17 preview image

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1611.Appellate courts often consist of several judges who review cases as a panel. Byutilizing multiple reviewers, there is less chance that mistakes will be made in thereview of an application of law to a particular case.12.The duty of the trial court is to determine the applicable law, hear the evidence,and render a verdict, whereas the duty of the appellate court is to only reviewwhat took place in the trial court and determine whether the law was correctlyapplied to the evidence presented. Appellate courts generally do not hear newevidence such as testimony of witnesses. Nor do appellate courts issue newverdicts. Rather, theyaffirm(approve) orreverse(reject) the trial (lower) courtverdict.13.The federal court system started with a single court, which is now known as theU.S. Supreme Court. Over time, Congress added several courts to the federaljudicial branch. Currently, the federal court system comprises three levels (seeExhibit 2.1), each of which functions totally independent of state court systems,just as each state judicial branch functions independent of the other states.See Exhibit 2.1: The Three Tiers of the Federal Court System.14.An easy way to distinguish a federal court from a state court is by the court’sname. All federal courts will have the wordsUnited States or U.S.in thetitle.15.Of the three levels of federal courts, the trial courts—where the vast majority offederal cases originate—are known as the U.S. district courts. Generally, the U.S.district courts are used as trial courts. However, in limited circumstances, afederal case can be initially heard by an administrative hearing officer with theexecutive branch and appealed to a U.S. district court. In such an instance, theU.S. district court takes on appellate authority rather than its usual originaljurisdiction. Also, there are highly specific types of cases that may be initiallyfiled for trial at the appellate level and that bypass a U.S. district court altogether.16.Typically, the appellate level is reserved for parties who wish to challenge thedecision of a U.S. district court. Such an appeal is made to the next level, whichis the U.S. court of appeals. Following such an appeal, a party who is stilldissatisfied with the result of the case may seek appellate review by the U.S.Supreme Court.17.Currently, there are more than 90 U.S. district courts. Congress has increased thenumber of these courts when warranted by the number of cases filed and tried inthe federal system. When the burden becomes too heavy for one court, Congresscreates an additional court to handle part of the load.18.The various U.S. district courts are separated by geographical boundaries.Legal disputes over federal law that occur or have connections to the courtwithin the court’s physical boundaries are subject to the authority of a U.S.district court.19.For convenience and to facilitate understanding by the population, state lineshave been used as district boundary lines. However, there is no connectionbetween state court authority and federal court authority because of the settingof such boundaries.

Lecture Notes for Introduction to Law, 7th Edition - Page 18 preview image

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1720.States with substantial population and litigation have more than one U.S. districtcourt divided by county lines (for convenience) within the state. A district thatcovers a wide geographical area may be subdivided into divisions; these operateas branches of a district court, with buildings in each division to make the courtmore accessible to citizens.21.Some federal courts are set up expressly to handle specific types of cases.Specified types of claims made against the U.S. government must be filed withthe U.S. Court of Federal Claims. Claims involving federal taxation are tried inthe U.S. Tax Court. The Court of International Trade hears disputes involvinginternational trade agreements. The U.S. Court of Appeals for the Armed Forcesoffers a final review of military tribunal actions. These claims involve specific andoften complex series of legal standards.22.A party to a lawsuit who is dissatisfied with a U.S. district court decision mayappeal to a U.S. court of appeals designated to hear cases appealed from theparticular U.S. district court where the case originated. This system of pairingspecific trial courts with a particular appellate court allows the appellate courts tocreate legal standards to be consistently followed by the designated U.S. districtcourts subject to the appellate court’s authority.23.U.S. courts of appeals were originally established to make appellate review faster,easier, and more accessible to parties in litigation.24.Currently, there are 13 courts of appeal: Eleven courts are located across thecountry and identified by number (e.g., First U.S. Circuit Court of Appeals); theU.S. Circuit Court of Appeals for the District of Columbia, which hears casesoriginating in the U.S. District Court for the District of Columbia; and the U.S.Federal Court of Appeals, which hears cases from special federal courts such asthe U.S. Court of Federal Claims and the U.S. Court of International Trade.25.The U.S. courts of appeals are the courts most responsible for establishinglegal standards. Although the U.S. Supreme Court opinions control in anysituation, the limited number of cases heard and the opinions issued limit thenumber of legal standards established by the high court. Like U.S. districtcourts, the physical limits of authority of each U.S. court of appeals aredefined by geographical boundaries. Each circuit court of appeals isresponsible for handling the appeals coming from the federal courts withinthe geographical boundaries of the circuit.See Exhibit 2.2: Geographical Boundaries ofU.S. Circuit Courts of Appeals andU.S. District Courts.26.No U.S. court of appeals has authority over any other. Each court functionsindependently and is accountable only to the U.S. Supreme Court. When differentcourts issue conflicting legal standards, the Supreme Court may accept one ormore of these cases and decide what exactly the legal standard shall be. Thiseliminates any inconsistency that may arise among the rulings of the variouscircuits.27.The U.S. Supreme Court is the final authority on all matters of federal jurisdictionin the U.S. legal system. The Court cannot overrule Congress or the presidentunless the legislative or executive branch has in some way violated or exceeded

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18the authority granted to the branch by the Constitution and that action has beenchallenged in the courts.28.The primary function of the Supreme Court is one of review. The Court reviewscases from the federal courts and, in some instances, from the highest state courtsthat have constitutional issues or that include the government as a party. The keyelement in the authority of the Supreme Court is that there must be a federal issueat stake either in the form of the parties involved or in the constitutionality ofstate or federal law.29.The Supreme Court has limited original jurisdiction. Cases involving originaljurisdiction are not appealed but rather are filed in court for the very first timeat the level of the U.S. Supreme Court. Original jurisdiction is limited to onlythe types of situations listed in Article III of the Constitution.30.The U.S. Supreme Court has two common methods of obtaining review. The firstis by right. Certain types of cases are automatically entitled to review by theSupreme Court if the party so desires. The Court will review the case as long asthe procedural rules for filing the appeal are met.31.The second and more common method is known ascertiorari(pronounced “sir-shore-are-ee”), which describes the authority of the Court to accept a number of casesfor review where there is no right, but where it would serve the interests of justice tohave the Court make a final and ultimate determination of a legal standard.32.Another significant factor in the determination of whether to grantcertiorariof casesis when the decision offered for review involves constitutional rights. An ultimategoal of the Court is to ensure that the Constitution will be applied fairly for allpersons. When the Court declines to accept a petition forcertiorari,the practicaleffect is that it accepts and indirectly affirms the decision of a U.S. court of appeals.33.In rare cases, a U.S. court of appeals may “certify a question,” in which case theappeals court may specifically request that the Supreme Court resolve a pertinentissue on which the various U.S. courts of appeals are divided.34.Totally independent of the federal courts are the state court systems for each of the50 states. Each state government has legislative, executive, and judicial branchesthat in many ways parallel the federal government. Every state has a judicialsystem to provide a forum for the resolution of disputes among persons andentities within the state. Such disputes must involve acts or occurrences that arecontrolled by state rather than federal law. The law may be case law or statelegislative law. No state court is bound by the authority of a court from a differentstate. Nor is a court obligated to follow the rulings of an equivalent court.35.The states utilize two basic judicial structures: three-tiered and two-tieredsystems. The three-tiered system is comparable to that of the federal system. Thethree tiers are a court of last resort (the highest court of the state), an intermediateappellate court level, and a trial court level.36.The alternative is a two-tiered system consisting of only one appellate (supreme)court and the various trial courts. However, because of the increase in litigation,more states are considering the three-tiered system (see Exhibit 2.3).See Exhibit 2.3: Three-Tiered State Court System.

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1937.The termsdistrict courtandcircuit courtare used in some states in the same wayas in the federal system. Other states reverse these titles. Some states use othernames entirely to describe their courts. Persons not trained in the structure of thelegal system can be misled as to the importance of a judicial opinion by attachingmore weight to the decision than is warranted simply because of the name of thecourt that rendered the opinion.38.Because the trial courts of the states handle more cases than any other level ofstate or federal court in the U.S. legal system, they must be organized to processthe multitude of cases filed each year. Most often, state courts will divide thetime of the various judges by the type of case filed. These various divisionsoperate together to create the trial court level. In addition, the trial courts withina particular state (usually at least one per county) are divided into geographicalregions, usually bounded by county borders. By having a court within eachcounty, the people are guaranteed reasonable access to the courts.39.Analytical ability is the skill of applying past experiences to current or foreseencircumstances to determine the probable outcome. For attorneys, the skill lies inthe ability to analyze past similar situations handled within the legal system anduse them to predict the likely outcome of a current case. Because no twosituations are exactly alike and legal issues are not simplistic, legal analysis isperformed at a much more complex level.40.It is necessary to identify all of the relevant similarities and differences of facts,the law of the jurisdiction, the parties, and the apparent attitudes of the judge andpotential jury. Each factor must be evaluated in terms of their significance andimpact on the likelihood of a similar result in the current case. Analytical skillalso is directly supported by the training and skill required to locate and identifyall relevant facts and law in a particular case.41.It is rare that both legal research and the investigation and discovery of factsproduce little or no result. On the contrary, it is more often the case that attorneysmust sift through a great wealth of information and either retain the facts assignificant or discard them as unimportant or inapplicable. This process in and ofitself is legal analysis at the base level.42.Next, the more complicated task of evaluation (analysis) of the applicability andsignificance of what remains becomes the focus. Finally comes the crucial pointwhen the lawyer determines the likely outcome of the case by applying theexisting legal principles now analyzed in terms of the current case. Thisdetermination guides the case in terms of settlement, trial tactics and strategies,and even whether to appeal unsatisfactory results.43.Legal analysis allows the judge to resolve a dispute in a way that is consistent withthe modern balance and allows the lawyer to advise the client as to theappropriate course of conduct based on past experiences of similarly situatedpersons. It enables the paralegal to know what information will be necessary tointerview a client and prepare legal documents.44.Legal analysis is performed with respect to statutes, administrative law, andcases. The process of analyzing different types of law varies somewhat becausethe format is different between law generated for the general public and legal

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20standards applied to specific parties. However, the desired effect is the same—todetermine the applicability or nonapplicability of the legal standard to the case athand.45.Of the various methods of legal analysis, case analysis is the specific method oflegal analysis of past judicial opinions and their impact on a current situation. Thesimilarities and differences between the past cases and the current situation giveinsight with regard to whether the outcome should be similar in the current case.Because case analysis is used so extensively, an organized system for publishingand arranging the cases is necessary so that cases on specific topics or fromparticular courts can be easily accessed.See Practical Application 2.4 and thePoint for Discussion. See the answersto Assignment 2.2.46.Published cases are predominantly appellate for quite practical reasons. First,because trial courts are generally the lowest level of judicial authority, a trialcourt opinion need not be followed by a judge in a subsequent case. Thedecisions are applied to a specific case in a particular locale. However, whenfaced with a similar case, trial courts are under an obligation to either follow alegal standard or interpretation from a higher authority or make a cleardistinction as to why the outcome of the case should be different. Appellate courtopinions, on the other hand, must be followed by those trial courts that aresubordinate to the authority of the appellate court that issued the opinion.47.Appellate decisions also are usually rendered by a panel of several appellatejudges, rather than a single trial judge, whose collective wisdom is respected bythe legal community.48.Judicial opinions are published chronologically—that is, as they are handed downby the courts—in a series of publications. That is to say that the publishedopinions of a jurisdiction, and sometimes more than one, are published in thesame series as they are issued. Each new volume in the publication is numberedconsecutively and contains the most recently issued opinions. Periodically,format changes are made and a new series of volumes is started to reflect theupdates. With each new series, the numbering of volumes starts over. This seriesand volume renumbering signals a change in the format of the material within. Itdoes not signal a change in the chronological publication of opinions as theycome down from the court or courts for which the reporter is published.49.In addition, once a particular group of appellate courts is collected for inclusionin a reporter, those courts will continue to have opinions published in thatparticular publication. In this way, if one is frequently conducting research in aspecific jurisdiction, the opinions from the appellate courts for that jurisdictionwill be housed together.50.Regardless of the judge or jurisdiction from which an opinion is derived, nearly allcomplete judicial opinions contain the same essential elements. This consistencyallows not only a thorough understanding of the opinion and reasoning behind itbut also an easy comparison to other similar legal issues that arise. Because theprocess of legal analysis allows consistency in the application of legal standards in

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21similar cases, it is necessary that a regular pattern of information and reasoning beincluded.51.The initial step in analyzing the meaning of a case is to know the elements of ajudicial opinion. The analysis can be renamed or reorganized in any fashion butwill still contain the same fundamental elements.52.The termcase briefdescribes a synopsis of a judicial opinion. A common purposeof a case brief is to facilitate a determination of the effects of a previously issuedjudicial opinion on a current situation. To accurately make such a determination,one must examine each aspect of the case and decide whether the case issufficiently similar to the current situation to create a likelihood that the samelegal standards would be applied in the same way today.53.A case brief’s purpose is to identify only those points that were pivotal inthe decision and consequently would be considered in a similar case. Thefirst step is to identify the key facts.54.A case brief contains two types of facts:occurrencefacts andlegal(sometimescalledprocedural) facts.Occurrence facts are the details of the circumstances thatinitially gave rise to the lawsuit. Two questions can be asked about each factwhen deciding whether to include that fact in a brief: (1) Will exclusion of thefact from the brief prevent the reader from understanding the general premise ofthe case? (2) Was the fact pivotal in the outcome of the case?55.The legal facts consist of what took place once litigation began and thenchronicle the progression of the lawsuit. The only real legal facts usuallynecessary in a case brief are those that tie directly into the basis for the appeal,which ultimately prompted the ruling and consequent judicial decision.56.There are, of course, exceptions to the rule about when less than absolutely vitalinformation should be included. Such cases occur when otherwise ordinaryinformation has an impact because of the result of the particular circumstances ofthe case. Although much information is more often than not a backdrop for thecase, if it might influence other facts or legal issues, then it should be included.See Practical Application 2.5 and the Point for Discussion.57.The appellate courts that publish the vast majority of judicial opinions do notserve the same function as trial courts. Although the ultimate legal issue in a trialcourt is usually one of guilt or innocence, in the appellate court, and consequentlyin the published opinion, the issue is almost always whethersomethinginappropriate occurred in the trial court that in turn prevented the proper findingon the issue of guilt or innocence.58.Because no two cases are exactly alike, there must be some room for the court toconsider and apply the law it interprets for a given situation. Likewise, no twojuries are identical in makeup or in the way they interpret evidence. Because theU.S. legal system places such high value on the ability to have questions decidedby one’s fellow citizens, a significant respect is also afforded thereasoning on ajury as to why a particular verdict is reached. Consequently, both judges and juriesare given a certain degree of discretion in their roles.

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2259.The appellate court examines whether this grant of discretion has been abusedin such a way that the result in the case is clearly and unequivocally contrary tothe existing principles of law and whether any justification exists for thedeviation.60.One method that can be helpful to the less experienced in the identification ofthe legal issue is to read the opinion and then complete the followingstatements:•The appellant alleges the trial court erred (abused its discretion)when_______________ . Or•The question before the court is__________.61.Without exception, the judicial opinion will make some reference to the legalissue either as part of the recitation of the legal facts or in a discussion of thetask before the appellate court.62.The decision in a case will be based on some existing statement of law orwisdom. The court uses such a statement as authority and applies it to theoccurrence and legal facts of the case to determine the answer to the issuebefore the court.63.Most often the court will use an established legal standard as authority. However,sometimes the judge applies an opinion of a scholar, but this is private opinionand not law. However, by incorporating such opinion into the judicial opinion, theprivate opinion becomes the legal standard in that court.64.In a case brief, one should indicate the source of the “law” (legal principle) used todetermine a case. Just as important, the actual principle should be stated. Whenanalyzing the effects of a case, it is necessary to know not only the source but also thecontent of the legal standard. Seek out those principles that address the issue at hand.65.The court will give some explanation regarding why or how the legal standardapplies to the facts and issue of the case. It is impossible to predict the effects ofa case without understanding the reasoning of the court in the judicial opinion.Unless this information is included in the case analysis (brief), one could notdetermine whether the same legal standards would apply in the current situationto the current facts and issue.66.Once the facts, issue, law, and rule have been determined, the case brief can be usedto compare the case with other situations of similar facts and issue. One should thendetermine whether the similarities are strong enough to create a likelihood that thesame legal standards would be applied in the same way in the other situation.See “Case Briefs: Instructor Notes”:Iowa v. Leckington,713 N.W.2d208 (Iowa 2006). See the answers to Assignment 2.3.67.Statutory analysis and administrative legal analysis are much morestraightforward. Statutes and administrative regulations are more broadlywritten and do not generally provide detailed discussions of exact casescenarios. These types of law will only be applied when the various conditionsor elements are satisfied.See Exhibit 2.4: Chapter 750. Families Act 5. Illinois Marriage andDissolution of Marriage Act Part V—Property, Support, and Attorney Fees.

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2368.The specific elements of a statute are rarely given in the format of a laundry list.They are written most often in a narrative form. Often a single sentence includesmultiple elements that must be satisfied for the statute to apply and to indicate aresult. Consequently, great care must be taken in reading the statute andidentifying the exact meaning of each statutory requirement based on thelanguage used. The use of the wordsand,or,must,ormaycan totally change themeaning and application.See the answers to Assignments 2.4 and 2.5.69.When considering applicable authorities, the key is to compare and distinguish.With respect to judicial opinions, the information contained within the case briefshould be closely compared with the current facts and issues. Legal standardsshould also be compared in terms of their applicability to the current case and thedegree of influence that the authority, the precedent, and its cited legal standardswould have on the court in the current lawsuit if one is pending or anticipated.70.Statutory analysis requires close examination of all the facts of the current caseto determine whether they are addressed in the current statute. If they are not,then a determination must be made as to the overall applicability of the statute tothe case. If it does apply, then what result does the analysis indicate? If it doesnot appear to apply because of the absence of facts that satisfy the elements, thenbe prepared to explain how the statute can be distinguished from the currentcase.CASE BRIEFS: INSTRUCTOR NOTESWhat follow are case briefs for each of the cases included within the seventh editiontext. They can be used to check case brief assignments or as a quick review of thematerials.People v. Kevorkian,447 Mich. 436, 527 N.W.2d 714 (Mich. 1994)Facts:Before the enactment of Michigan’s ban on assisted suicide, defendantKevorkian allegedly assisted in the deaths of Marjorie Wantz and Sherry Miller.According to testimony, the plan was to use the “suicide machine” invented byKevorkian in both cases. In Wantz’s case, Kevorkian inserted the IVneedle inWantz’s arm, and she released the chemicals when she was ready to die. In Miller’scase, Kevorkian tried unsuccessfully several times to insert the IV needle into Miller’sarm. Kevorkian then rigged up a gas mask and instructed Miller to open the gas valvewith a screwdriver when she was ready to die. Both women died, and Kevorkian wasindicted on two counts of murder. In circuit court, Kevorkian moved to quash theinformation and dismiss the charges. The court granted the motion. The Court ofAppeals reversed.Issue:Whether defendant Kevorkian can be prosecuted for murder for his role in thedeaths of Marjorie Wantz and Sherry Miller.Law:Defendant who mixed poison with water and placed it within reach of his wifeto enable her to put an end to her life was guilty of murder by means of poison within

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24the meaning of the statute, even though she requested him to do so.People v. Roberts,211 Mich. 187, 178 N.W. 690 (1920)Rule:The court overruled Roberts, holding that only where there is probable cause tobelieve that death was the direct and natural result of a defendant’s act can thedefendant be properly bound over on a charge of murder. Merely providing the meanswith which a person kills him- or herself is not enough.Remanded.Iowa v. Leckington,713 N.W.2d 208 (Iowa 2006)Facts:A mother who assisted children in the purchase and provision of alcohol alsoaccepted responsibility for care of her son’s friend who became severely intoxicated.When it became apparent the child’s friend required medical attention, the motherattempted to remove the child from her residence.Ultimately, the authorities were called, and the boy was transported to thehospital. The mother was charged and convicted in the matter. She appealed,alleging that the trial court erred on the basis of insufficient evidence to supportthe convictions and sentence.Issue:Did the trial court abuse its discretion when it found the evidence presentedsupported the convictions?Law:When reviewing a challenge to the sufficiency of the evidence, we view theevidence in the light most favorable to the state, including legitimate inferences andpresumptions that may fairly and reasonably be deduced from the evidence in therecord.State v. Casady, 597 N.W.2d 801, 804 (Iowa 1999)Rule:The presence of evidence that the defendant voluntarily picked up the injuredchild from his home and the care of his parents, that the defendant was aware theminors had consumed large quantities of alcohol, left them unattended, and thenattempted to remove the injured child from her home before calling authoritiessupports the violation of statutes regarding the care, custody, and endangerment of thechild.Affirmed.Edwards v. Edwards, 777 N.W.2d 606, 2010 N.D. 2 (2010)Facts:Katherine and Robert Edwards first married in 1989 or 1990. They divorced inSeptember 1996. In December 1996, Katherine gave birth to K.A.E., whose biologicalfather is not Robert. Katherine and Robert remarried in 1997 and divorced again in2008. As part of the second divorce action, the district court gave Robert visitationrights and certain “custodial-like” decision-making rights to K.A.E. Katherineappealed, arguing that the district court did not have jurisdiction over visitation andcustodial rights because Robert is not K.A.E.’s biological father. Katherine also arguedthat the district court erred by awarding Robert visitation and custodial rights to K.A.E.without first finding that Robert was a psychological parent and without finding thatsuch an order was necessary to prevent serious detriment to the welfare of K.A.E.Issue:Did the court have jurisdiction to decide legal custody and visitation, and didthe court err in determining visitation and custody?

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25Law:With regard to jurisdiction, in a divorce proceeding, an award of custody may bemade to a third party if exceptional circumstances exist.Worden v. Worden, 434N.W.2d 341, 342 (N.D. 1989);Hamers v. Guttormson, 2000 ND 93, 610 N.W.2d 758A court’s determinations on visitation and custody are findings of fact and will notbe reversed unless clearly erroneous.Berg v. Berg, 2000 ND 36, ¶ 18, 606 N.W.2d895;Hogan v. Hogan,2003 ND 105, ¶ 6, 665 N.W.2d 672Rule:Although the district court did not use the words “exceptional circumstances” inits decision, the effect is that completely cutting K.A.E. off from “the only ‘father’[she] has ever known” would likely cause her serious harm and detriment. In light ofthese exceptional circumstances, it was not clearly erroneous for the district court toaward Robert Edwards visitation with K.A.E. Moreover, although some of the rightsand duties the district court awarded to Robert Edwards concerning K.A.E. arereasonable and relate to visitation, others relate to decision-making authority and arenot supported.District court’s award to Robert Edwards of visitation withK.A.E. affirmed. District court’s award of decision-makingauthority to Robert Edwards reversed.ASSIGNMENT 2.1Examine the following situations. Evaluate and determine whether each situationrepresents a court’s application of a statute, application ofstare decisis,or creation ofcommon law. Explain your answers.1.A young woman under treatment for a chronic medical condition is prescribed anew medication. No tests have ever shown the drug to produce any side effects ofimpairment. As a result, there are no restrictions with the use of the medication. Onthe first day she has taken the drug, she is driving home from work when shesuddenly and without warning loses consciousness and causes a massive accident.She is sued by several individuals involved in the accident, claiming she wasdriving under the influence and thereby caused the accident. As it turns out, her lossof consciousness was caused by the effects of the drug on a previouslyundiscovered brain lesion. In a normal individual, the drug would not have affectedconsciousness in the way it did in this young woman. Even though the patient’sconduct did not meet the intentional element of the statues regarding driving underthe influence statute, the court finds that anyone taking a medication for has aresponsibility to monitor the effects of the medication for a reasonable periodbefore operating any motorized equipment.Answer:On finding that the woman has a responsibility to monitor the effects ofthe medication for a reasonable period before driving a car, the court is applyingcommon law. The court is stating that based on legal principle, this woman has aresponsibility to act in a way that prevents harm to the general public. Thatincludes monitoring the effects of medication for a reasonable period beforegetting behind the wheel of a car.

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262.The owner of a sporting goods store has a large display of live fish. Although someof the fish are carnivorous, the owner has not placed a cover over the tank. Acustomer’s child reaches into the tank and is severely bitten. The customer sues thestore owner. The judge holds that failure to take appropriate precautions withknown dangers on one’s property, with regard to invited customers, haslong beenheld by the judiciary as a basis for liability and that this principle has been appliedin other cases when injuries arose from the danger.Answer:This could have two applicable areas of law. First, handling of animalson a commercial basis is something not common to the majority of thepopulation. As a result, there well may be administrative regulations that wouldapply. In addition, even if no specific regulation applied, the judge could extendthe judicial ruling in other situations where commercial settings did not provideadequate safety precautions for an uneducated public.3.As a prank, a high school senior writes on a bathroom wall: “I’ll be glad the lastday of school when I blow this place sky high and out of existence in my life.”She is arrested and charged with terrorism. She pleads not guilty and claims, inher defense, that she meant no threat of bombing but merely referred to leavingthe premises as a graduate. Nevertheless, the court found the language specificenough to be interpreted by others as a terroristic threat.Answer:The court is applying both statutory law andstare decisis. Statutory lawprohibits threats of terrorist activity. The high school senior might argue she isacting within her First Amendment rights of free speech, but the court would lookto previous court decisions and hold that there are certain types of speech,including terrorist threats, that are not protected by the First Amendment.ASSIGNMENT 2.2For each of the following situations, explain how legal analysis could help.1.A 17-year-old man away at college gets drunk and is involved in a traffic accident.He is taken to a local hospital where he signs a consent for medical care fornonlife-threatening injuries. He laterdevelops medical complications andsubsequently dies. His parents sue the hospital, claiming that their son was aminor and did not have legal capacity to consent to care. The suit also claims thathe was drunk and unable to give informed consent to the treatment. The hospitalclaims that the young man lied about his age, likely to avoid charges of underagedrinking. They also claim that he passed their standards to determine capability togive consent to medical care.Answer:Examination of statutes regarding legal capacity to consent to care, aswell as inspection of the hospital’s consent forms, should be considered. Also, itwould be beneficial to research case law that deals with legal capacity to consentto care.

Lecture Notes for Introduction to Law, 7th Edition - Page 28 preview image

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272.A 14-year-old who has suffered abuse at the hands of his drug-addicted parentsreacts during a beating by his parents and kills them with a knife he had previouslyhidden under his bed. The young man, who is of average intelligence, is found tohave suffered serious psychological problems as a result of years of abuse. Hisattorney claims he has the emotional maturity of a young child. The state arguesthat his actions demonstrate premeditation and he should be tried as an adult.Answer:Case law concerning severe physical and psychological abuse and how itaffects emotional maturity should be researched. It would also be of value to studythe boy’s doctors’ reports—both medical and psychological.ASSIGNMENT 2.3Prepare a case brief for the following judicial opinion inEdwards v. Edwards.Answer:Edwards v. Edwards,777 N.W.2d 606, 2010 N.D. 2 (2010)Facts:Katherine and Robert Edwards first married in 1989 or 1990. They divorced inSeptember 1996. In Katherine and Robert Edwards first married in 1989 or 1990. Theydivorced in September 1996. In December 1996, Katherine gave birth to K.A.E., whosebiological father is not Robert. Katherine and Robert remarried in 1997 and divorcedagain in 2008. As part of the second divorce action, the district court gave Robertvisitation rights and certain “custodial-like” decision-making rights to K.A.E. Katherineappealed, arguing that the district court did not have jurisdiction over visitation andcustodial rights because Robert is not K.A.E.’s biological father. Katherine also arguedthat the district court erred by awarding Robert visitation and custodial rights to K.A.E.without first finding that Robert was a psychological parent and without finding thatsuch an order was necessary to prevent serious detriment to the welfare of K.A.E.Issue:Did the court have jurisdiction to decide legal custody and visitation, and didthe court err in determining visitation and custody?Law:With regard to jurisdiction, in a divorce proceeding, an award of custody may bemade to a third party if exceptional circumstances exist.Worden v. Worden, 434N.W.2d 341, 342 (N.D. 1989);Hamers v. Guttormson, 2000 ND 93, 610 N.W.2d 758.A court’s determinations on visitation and custody are findings of fact and will not bereversed unless clearly erroneous.Berg v. Berg, 2000 ND 36, ¶ 18, 606 N.W.2d 895;Hogan v. Hogan,2003 ND 105, ¶ 6, 665 N.W.2d 672Rule:Although the district court did not use the words “exceptional circumstances” inits decision, the effect is that completely cutting K.A.E. off from “the only ‘father’[she] has ever known” would likely cause her serious harm and detriment. In light ofthese exceptional circumstances, it was not clearly erroneous for the district court toaward Robert Edwards visitation with K.A.E. Moreover, although some of the rightsand duties the district court awarded to Robert Edwards concerning K.A.E. arereasonable and relate to visitation, others relate to decision-making authority and arenot supported.District court’s award to Robert Edwards of visitation withK.A.E. affirmed. District court’s award of decision-makingauthority to Robert Edwards reversed.

Lecture Notes for Introduction to Law, 7th Edition - Page 29 preview image

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28ASSIGNMENT 2.4Examine and evaluate the statute in Exhibit 2.4 and break into its applicable components.Answer:Awards from deceased parents’ estate for support of children are allowed:1.When an adult child is mentally or physically disabled and not otherwiseemancipated.2.For the educational expenses upon proper application and regardless of the age of thechild.3.Educational expenses may include, but shall not be limited to, room, board, dues,tuition, transportation, books, fees, registration and application costs, medicalexpenses including medicalinsurance, dental expenses, and living expensesduring the school year and periods of recess.4.Awards may continue until the child receives a baccalaureate degree.5.Awards from the estate may be paid to the child, to either surviving parent,to the educational institution, or directly or through a special account to atrust created for that purpose.6.The child shall sign any consents necessary for the educational institution toprovide the supporting parent with access to the child’s academic transcripts,records, and grade reports.7.In making awards, modifications, and terminations to the amount, the court shallconsider all relevant factors that appear reasonable and necessary, including thefollowing:a.The financial resources of both parentsb.The standard of living the child would have enjoyed had the marriage not beendissolvedc.The financial resources of the childd.The child’s academic performanceASSIGNMENT 2.5Refer to the section “The Process of Legal Analysis” in this chapter beforeanswering. State the reasons why the chicken owners feel they should be able to keeptheir chicken. Explain the reasoning of the Court in finding that the chickens mustgo.Although the restrictive covenant at issue states that “... no livestock, animals orpoultry of any kind…” shall be allowed on the premises, pets are allowed. The chickenowners feel that since the children treat the chickens as pets, then they are pets andthey should be allowed to keep them. The Court used the “plain meaning rule” toresolve the issue. The Court stated that the covenant is clear that no livestock, animalsor poultry of any kind shall be raised, bred or kept on any Existing Property exceptdogs ... and other household pets. The word “poultry” is understood to mean “all typesof chickens ....” 3 Pa.C.S.A. § 1402. In addition, the words “poultry” and “chicken” areoften interchangeable in everyday use and in case law. From its plain meaning, theCourt found that the poultry prohibition contained in the restrictive covenant is quiteclear, and was meant to prohibit Buck Hills Falls community members frommaintaining chickens of any kind for any reason.

Lecture Notes for Introduction to Law, 7th Edition - Page 30 preview image

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29INTERNET ASSIGNMENT 2.1Find the Internet address (URL) for the U.S. district court and state trial court thatwould have authority over matters happening where you live.Answers will vary.INTERNET ASSIGNMENT 2.2What is the Internet address for the highest appellate court in the state where you live?Answers will vary.INTERNET ASSIGNMENT 2.3Who are the judges currently sitting on the court identified in Internet Assignment 2.2?Answers will vary.PRACTICAL APPLICATION 2.1Point for Discussion: The courts are often forced to balance competing interests inreaching a decision. Which side do you think has the better argument? Can you thinkof ways that the Act can be amended so that it furthers the interest of the Act, withoutinfringing on freedom of speech?The prosecution can argue that there is no First Amendment value in false statementsand the government has an interest in protecting the integrity of the Medal of Honor.The defense can argue that there is no harm in the false statements because there is noimminent harm to another person. The Act can be amended by Congress, creating anational data base on all the individuals who hold the Congressional Medal of Honor sothat any false claims can be easily checked. This would act as a deterrent to false claimswithout restricting free speech.PRACTICAL APPLICATION 2.2Point for Discussion:What should the court consider in this case with respect to thestatute?The court should consider the purpose behind the statute: Why are schools required todisclose all allegations of sexual misconduct by staff to local law enforcement andimmediately suspend the staff member without pay until the matter is resolved bylaw enforcement? Society has a strong need and desire to protect vulnerable citizensfrom sexual assault, particularly minors who are under the “control” of adults such asteachers and school administrators. In this case, the court will likely decide that theoverarching need to protect minors from threats of sexual assault take precedenceover the teacher’s right to be considered innocent until proven guilty.

Lecture Notes for Introduction to Law, 7th Edition - Page 31 preview image

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30PRACTICAL APPLICATION 2.3Point for Discussion:Why should an accident such as this become the basis for alawsuit?In this case, a soccer team member was injured playing soccer on a field that was usedwith the express purpose of hosting a soccer match. The teams used the field with thepresumption that it would be safe for this purpose. However, the university allowed atractor pull to take place on the field before the match, which left ruts and holes in the fieldand that made the field unsafe for the soccer match. The university had a responsibility toprovide a safe venue for the soccer teams. This case has the basis for a lawsuit because aparty was injured and the facts suggest the university may have been liable for the injuries.Because the university disputes these facts, it is up to a trial court to consider thefacts, apply the law, and determine whether the university is indeed liable.PRACTICAL APPLICATION 2.4Point for Discussion:How is a legal interview different from a newspaper interview?A legal interview is different from a newspaper interview because the purpose of a legalinterview is to gather facts to support a legal case. In a newspaper interview, the purpose isto gather facts, but also to tell an interesting story. In a legal interview, although interestingfacts may come to light, if they do not apply directly to the case, they are not exploredfurther and are not presented in the case. Any facts gleaned from a legal interview can beadmitted into a court of law and used as evidence when the case is tried.PRACTICAL APPLICATION 2.5Point for Discussion:Why is it relevant that the insurance company claimed thepolicy did not apply?It is relevant that the insurance company claimed that the policy does not apply becauseif the policy does apply, the insurance company, which provided coverage to thefraternity, would be held liable for any damages awarded in the lawsuit. It is up to acourt to decide whether the policy does apply. In the event that the court finds that thepolicy does not apply, the fraternity itself will be liable for any and all damages.REVIEW QUESTIONS1.What is a key element in the Supreme Court’s authority?The key element in the authority of the Supreme Court is that there must be afederal issue at stake, in the form of either the parties involved or theconstitutionality of state or federal law.2.What happens when a court has no applicable statute to guide the outcome of acase?In a case in which no applicable statute exists, a judge is required to establish the law.This may be done by looking to case law and applying the principle ofstare decisis.

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