GBL 395 -Roosevelt wanted to appoint 15 justices 6 of his own, this was found to be unconstitutional, died in office in 1945

5 - Sutter first person appointed by Bush to sit on Supreme Court, litness test regarding abortion, couldnt get his answer to how he would rule on abortion -case of bork who was nominated before Sutter had been on circuit court, was turned down from supreme court because they knew how he would make rulings already -Percy vs. Ferguson dealt with school children in the south on whether or not colored and white kids could go to school together. Ruled that it be separate but equal. - 1954 Brown vs. Board of Education threw out old decision on Percy and said that it wasnt separate and equal voted 9-0. Chief Justice Vincent had people be all aboard on -1st Amendment; Freedom of Speech -2nd Amendment; Right to Bare Arms NRA big lobbyists behind this amendment -3rd Amendment; cant quarter soldiers -4th Amendment; unreasonable search and seizure must have probable cause, unless in hot pursuit -5th Amendment; 3 parts 1. Double Jeopardy, Self Incrimination, Due Process Double Jeopardy- Cant try a person for the same crime twice Self Incrimination- Once person gets up to testify, open to cross examination Due Process- Can take property but must use due process of law- ex. Bank forecloses on mortgage that you didnt pay and takes your house In criminal system-must prove beyond reasonable doubt that person guilty Civil Case- must be proven by preponderance of the evidence in a civil case. Pre-empty ChallengeStatute of Limitations all civil cases have one- must file a suit within a certain period of time of an event Res Judicata- A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment.

Stare Decisis- tare decisis is essentially the doctrine of precedent. Courts cite
to stare decisis when an issue has been previously brought to the court and a ruling already issued. Generally, courts will adhere to the previous ruling, though this is not universally true- doesnt always work because sometimes the law will be changed. The predictability of the law- makes it more predictable for the people involved 14th Amendment- Protects rights against state infringements, defines

citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debt- 1868 Congress Clause-article 1, section 8; congress shall have the power to regulate commerce with foreign nations *** and among the states INTERSTATE COMMERCE** and with Indian tribes.

Wednesday July 14th State Court Hierarchy

District Court -> $25,000 or lower; if someone appeals goes to circuit court Circuit Court Court of Appeals State Supreme Court- if court doesnt take the case, Court of Appeals decision stands Res Judicata- comes into play once the decision is a final decision Federal Court Hierarchy District Court Circuit Court of Appeals Summon has been filed and the other party needs to file an appearance to answer Can go Quid Pro Quo which is representing yourself Impersonam jurisdiction- power of the court to render a decision that affects the legal rights of a specific person Mediation / Mediation Award Things to know Court Process, statute of limitations, depositions,

What is the standard preponderance of the evidence the amount required is decided by the jury? Go to Trial first might be asked to try to settle -Get Jury -Plaintiff makes opening statement introduces client -Put in proofs -Call witnesses -Try to show that there is a duty -can use depositions collected to impeach a witness -Got to prove several elements (negligence, - plaintiff will make their closing statement - expensive to appeal, once jury has made a decision, it is very difficult to get that decision overturned by the supreme court -long arm statute KNOW This -Freedom of Speech If you say something thats defamation about someone else and for example they lose their job, Slander- spoken, must be publication Libel- is written Minors are held only responsible for necessities. Contracts made by minors are voidable with the option by the minor. Most common contracts are bilateral contracts. Something in exchange for something. Unilateral contract an offer for an act GBL WEDNESDAY July 21 Compensatory DamagesPunitive Damages- will not stand on their own. They are punishment damages. Nominal Damages- 6 dollars- win your case but damages are so slight. If its agregious may be given punitive damages. Elements of negligence provide examples or explain what each is 1. Duty- have to show defendant had duty to the plaintiff. 2. Breach of duty 3. Casual Connection

4. Damages Ex. Client stopped at light and was hit from behind. Backed up and went down the street. Person didnt stop and it breached the duty, and there were damages. Strict Liability- Liability without fault. Liable because it happened. Ex. Lion in the garage. Dynamite. Dog biting someone Always have to show damages in liability cases. Intentional Tort- assault and battery. Rape, murder many torts are crimes Unintentional TortRead from pg. 338- Pg. 369 stop up when it starts covering up to global dimension of torts Contributory negligence- in absolute defense. If strong evidence of contributory negligence, if substantial award defendant will take up an appeal and probably win. Comparative negligenceSlander- privileges Article 1 Section 8 - Interstate not intra. Intra is within a state inter is between. Contracts- fraudulent misrepresentation of a material fact. Puffing is done by salesmen daily. As long as you Stare Decisis1st Amendment right and Free Speech- people can sue for deflamation.

AgencyDoctorate of Respondiate SuperiorIndependent ContractorsJoint Liability Severed Liability Inconvenience Monday 7/26 Power of attorney-