Cases

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• Miller, doing drugs, Cannon passes out, miller treis to sleal wallets, cannon catches him, they fights. Miller kills cannon.  miller is a child. Holding was DP for miller Found to go against 8th Amendment. Cruel and Unusual Punishment to kill a child. 

1. Cruel and Unusual Punishment

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• Case about assisted suicide. Holding: Supreme court held that assisted suicide is not protected by the due process cluse

1. Substantive Due Process

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   • Focuses on a single law Principle allowing courts to protect certain rights deemed fundamental from government interference. 

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• Speelman was recieving assistance from Bellingham required to let Bell know 14 days in advance if  not in residence. Was put in jail, Didn't give Bell notice.  Bell sent notice of eviction to home, not jail where was and evicted her. Holding: Trail court sided with Bell.  Appeals court ruled it was unreasonable because Bell sent eviction to home not jail when Bell knew Speelman was in jail.

1. Procedural Due Process

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   • Procedural Due Process is the doctrine that requires gov officials to follow fair procedures before depriving a person of life, liberty, or property.

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• Kids trespassing Briney property, going into barn and stealing stuff. Briney sets up spring gun in door(unoccupied home), shoots child. (considered lethal force.  Holding: Briney liable for Katko injuries. 

1. Civil Tort

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   • Tort is a civil wrong

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• The two lived and worked together, had sexual relationship. Suggs took care of Norris when he was sick. Norris dies. Conflict: Did Suggs sleep with Norris just for money Quatum Meruit: You get what you have earned.  Holding: Implied contract, Suggs worked for him as well.  

1. Contracts

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   • Offer, Acceptance, Consideration.  Can be oral, unless long term.  Must be mentailly compitent
2. Quantim Meruit

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• Gregg kills two people and steals. Found guilty in Georgia, appeals it saying DP goes against 8th and 14th amendment. Procedural flaws where the reason gregg didn't recieve the dp. Taken to supreme court--  rejected that argument. 

1. Capital Punishment

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   • Capital Punishment is difficult bc it must not be used in a nabitrary sense.  Whats it's point? Retribution, Future Deternce... 

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• Crime of Misprison: Communal responsible to apprehend felons.  Case sum: Defendent found MJ in assistants house, called police they decided to treat it as internal affairs to avoid prosecution.  Ruling was that misprison of crime wasn't a crime in Florida. 

1. Aiding and Abetting

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   • related to the guilt of someone who aids pr abets in the commission of a crime Basically it's criminal to fail to tell authorities of the commission of a felony which he of she has knowledge of. 

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• Police called into call about a weapons disturbance in a home. Police walk in on tow men having consensaul sex. Texas has a statute that claims sex with someone of the same gender wrong. State Court of Appeals help that the statute was not un-constitional under the Due Process Clause of the fourtheenth Amendment.  Issue: Does Texas's "Homosexual Conduct" law, which criminalizes sexual intimacy by the same-sec couples, violate 14 amendment guarantee of equal protection of laws?  Con: Texas statute violates Due Process clause.

1. Where doth the line?

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• Basically when asked by police where Needham was she would reveal where her husband was.  She was in a dilemma, as she should be protected from revealing where her husband was however, she can't lie to police about Needham. Court does not agree with her. 

1. Aiding with Family

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   • statute exempted family members from this statute. it was not a crime to harber husband. 

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• Caperton filed a lawsuit against Massey for allegidly fraudelently cancelled a coal supply contract resulting in Caperton going out of business.  Judge Mcgraw, in the case, West Virginia supreme court, had connections with massey comp in the form of campaign donations. Caperton told judge to "Recuse" himself from case bc of bias. He didn't, court favored Massey.  Brought to supreme court as they found bc of 14th amendment judge McGraw needed to recuse himslef from case. Supreme court held that the Due Process Clause in the 14th Amendment requires a judge to recuse himself not only when bias has been demonstrated, or economic interest, but also when "Extreme Facts" create a "Probability of bias" 

1. Ethics and Responsibility Codes for Lawyers and Judges.

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• Civil, Business Contract. Mal practice case. Glassford bought house, 3 years later said thier were problems the house inspector should have told them before they bought the house.  appeal supreme found itr wrong not to consider glassford contention.

1. Business Ethics

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• Congress passed the Affordable Care Act. NFIB filed suit against Kathleen Sebelius. 2 main factors in the ACA:  1) The individual mandate-- having to have health insurance otherwise taxed.2) The Medicaid expansion provision Case brought to supreme court Roberts 5-4 "The commerce Clause doesn't empower congress to compel individuals to engage in commercial activity". The necessary and Proper Clause only gave Congress the power to do things that were  incidental to the valid exercise of some enumerated power.. Tax-- individual mandate.  Act didn't give states a choice, they need the funding.  Ginsburg: Fed gov should be able to decide the rules for how they give aid to the states. Scalia: Commerce clause nor power to tax grants congress the authority to require the individual mandate. 

1. Federal Government Power to Legislate.
2. Supreme court decision of congress enacting Obamacare

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• Took place while MIRANDA case was decided.  Butler made inconsistent statements, court allowed statements to be used as evidence to impeach the witness credibility. Issue is whether statements made to police can be used because Butler didn't recieve Miranda warnings. Holding: Can't use statements made before Miranda.

1. Exculsionary Rule

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   • Illegally obtained evidence must be thrown out.
2. Dicta

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• Two brothers, one is mentally impaired. can't give full consent to other brother who needs his kidney.  Whee do you find authority to do this? Court of Equity. Holding: Yes, court of Equity does have authority. 

1. Absence of Precense

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• Indiana and Illinois. Accidnet hapened in Indiana, but residents of ILL, Venue.  Where are the most attachments?  Each state has a different way of dealing with this case Found that their was more significant contract in Indiana. 

1. Conflict of law

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   • Deals with which laws do you apply. 
2. Lex loci Delift: Where event occured

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• 3 Same sex couples wanting to adopt. REconizing out of state adoptions and relationships.  Lucy and Jennfier Doel want to revise E (adopted child) birth certificate to put both their names on it.  They where denied. 

1. Full faith and credit clause

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   • States reconizing other states "laws"
2. Prof states this is a messy case

1. Retroactive Versus Prospective

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• Cheap Escape is a magazine, Haddox bought two ads, signed into contract. Contract states that if either party is noncompliant with the contract litigation will happen at Franklin County Municipal Court.... The events relevant to transaction took place outside Franklin County.  Why is this case important? Wheres the Jurisdiction Whether Municipal courts have subject matter Jurisdiction over matters lacking connections to their geographical territories. Holding: Because the parties didn't have a territorial connection to the Franklin county Court the court then lacked subject matter jurisdiction. 

1. Subject matter Jurisdiction

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   • Authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance bankruptcy court only has the authority to hear bankruptcy cases. 

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• Swoboda accuses Hero Decks cards online as Jurisdiction. Issue: Whether an Internet Merchandiser has established sufficient minimum contacts with Louisiana to be subjected to Personal Jurisdiction. Holding: Swoboda said he never gave the card company permission to use his "likeness". Trial court ruling was affirmed. Personal Juri with Louisiana was not proven even after the attorney purchased the playing cards online. 

1. Long-Arm Statutes

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   • Jurisdiction a court can have over out of state DEF corporations.

1. Plaintiffs Choice of Forum

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• Issue: Whether the amount in cvontroversey requirement of 28 U.S.C (75,000) is satisfied so that the court may assert jurisdiction over the case or whether it must be remanded to state court.  Holding: The plaintiffs motion for remand to state court was denied.

1. Removal Jurisdiction

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   • Right the DEF has to move a lawsuit filed in state court to the federal district court for the federal judicial district in whicdh ther state court sits. 

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• Land owns boat for 10+, theres fault. Files suit against Yahmha. Issue whether to apply Indianna or Cali law.  Rule: Indiana law, apply where the injury took place. Must apply Indiana law unless significant fact of "bad luck". In this case it was not a matter of bad luck happening in Indiana, the boat had been there 10 years.  Conclusion: Trial court was right in applying Indiana law. 

1. Erie Doctrine

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   • Fed Jurisdiction is based on diversity of citizenship, a Fed court normally should apply the substantive law that would be applied in the state courts of the districts in which the fed court is situated.

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• Salmon v. Atkinson agree to a contract together. After six weeks of work Atkinson fires Salmon. Due to fact that the contract was thrown out appellant can no longer seek refuge and reasoning from it. Lawyers are asking for Quantim Meruit for the work they did do.   Holding: Atkinson must pay Lawyers 7200 for work they had already done. 

1. Contingent Fee Agreement

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   • Agreement made with attorney stating they will receive portion/% of money collected.
2. Qauntim Meruit Fee

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   • Allows discharged lawyer to collected the money that they wok  hard for and deserved.  "As much as you deserve"

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• Johnson failed to correctly name Cintas name in the Summons and Complaint. 

1. Summons are important

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   • B/C they provide Jurisdiction on a court over the def.

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• Plaintiff accuses Defendent of destroying and seeking sanction, including default judgement.  Ruling: since the potential that some relevant information is lost Defendant can't go unsanctioned.

1. Discovery and Pretrial Conference

1. Communicative Rpivileges

1. Additur and Remittitur

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• Nelson not a huge fan of the case. 2 same sex couples wanting to get married, but the defense against marriage act.  They claim this goes against the 14th Amendment. Issues: Do they have standing? Does Equal Protection Clause of the 14th Amendment prohibit state of California from defining marriage as the union of a 1 man 1 woman? Conclusion: Petitioners don't have standing. There must actual controversy,  in this case petitioners generalized grievance in the form of desire to defend prop 8.      

1. Standing/ Ripeness, and Res Judicata

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• U.S. Military man marries Scottish lady. have a kid: hold dual citizenship to U.S. and U.K.. Parents get divorced Lynne Chafin fiels to take child with her. District court lets child return to Scotland with her.  Jeffery Chafin appeals, U.S. Court of Appeals says case is MOOT because child is in Scotland. Issue: Can district court return a child to their country of residence according to The Hague Convention articles one child has returned to that country. Conclusion: Yes, doesn't make this court appeal moot jsut because the child has already return to Scotland.  Even though Lynne is scotland U.S. Courts still have Jurisdiction over her. 

1. Mootness

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   • "Un-mature Case".. sorta The court can't do anything for your case.  Does controversy continue to exist?

1. Statute of Limitations

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• Bourder dispute.  1980  Border line drawn with a fence. Harvey digs up trees around fence causing land to colapse, hurting Krucksberg land.  Land relooked at in 2000 turns out land hurt was Harvey's.  Does claim preclusion bar the plaintiff from bringing action concerning the boundary line.  Con: reversed and remanded for trail. Prof States you can argue Res Judicate fits. 

1. Claim Preclusion--Res Judicata

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   • Provide that a final decision by a competent court on a lawsuit merits concludes the litigator of the parties and consititmes bar a legal barries to a new suit. Basically when a litigation is over, it's over.  Claim Preclusion makes it so people can't keep sueing each other over the same events. "a matter already judged"

1. Sovereign Immunity

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   • Governmental immunity from suit

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• Dad runs over 5 year old sons foot.  Issue: Whether parental immunity sheilds the church from liability where father backed a riding mower over his son's foot. Rule:Child can't sue his own father Dec. 19th 1991 Respondent Superior order Application: the churhc was sued bc they're the employer. Con: The plaintiff was allowed to sue the church.

1. Respondent Superior

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   • "Let the master answer" an employer is vicariously liable for the behavior of an employee working within their scope of employment.
2. Parental Immunity

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   • Immunity allowing parents to be immune from suits brought by un-emancipated children in the area of negligence or intentional tort

1. Immunity through Contract