cases
Adam Lloyd Shepard v. State of Florida
HOLDING: an automobile can be a weapon for purposes of Florida’s reclassification statute, holding that an automobile is a weapon. if it is used to inflict harm on another and that it is a question of fact for the jury to determine whether an automobile or other object was used as a weapon by the defendant.
BREAKDOWN: Shepard killed someone with a car, tried to switch from first-degree to secondary degree murder cause argued car wasn't a "weapon", however court said it is a weapon so womp womp first degree murder
PREAMBLE
An introductory section stating the general purpose of the statutes.
BICAMERAL
A legislature consisting of two parts, or houses.
NONBINDING / "PERSUASIVE" AUTHORITY
Authority that carries great weight even though it does not quality as a precedent. (i.e.: Decisions from other states affecting a trial in one state.)
CODIFICATION
Turning a custom or common law into legislation (creating a set of written laws).
William G. Ponder v. Graham
HOLDING: it is very clear that this divorce will not be recognized by the courts of Georgia or Carolina, the act of the legislative council was in conflict with the organic law of Florida and the constitution of the U.S, and is therefore, void.
BREAKDOWN: Mary married canady, moved to Florida, legislation passed "divorcing" them. She gets with Graham, he dies tries to take his will however court argued that she never divorced Canady therefore she cannot have Grahams will. The Court said no to divorce because the legislative body has to pass general laws on the subject of divorce, and the judicial branch has the power to dissolve the marriage contract.
The Legislative branch cannot grant a divorce.
TAKEAWAY: difference between adjudication (Deciding cases in court) and legislation (Making laws)
ORDINANCE
Legislation at the local level (ex. city councils/county commissions).
INTESTATE
Dying without a will.
SECONDARY SOURCES / AUTHORITY
Statements of law other than the statutes and cases (including, but not limited to law review [journal(s)], treatises, and restatements).
VOID FOR VAGUENESS
A constitutional principle of substantive due process used to invalidate legislation that fails to give a person of ordinary intelligence fair notice that his or her contemplated conduct is forbidden by the legislation.
Papachristou v. City of Jacksonville
HOLDING: Ordinance is void for vagueness both in the sense that it fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute.
BREAKDOWN: Defendant were standing outside liquor store and charged with vagrancy. This charge stated that Florida general activities such as wandering or strolling without any lawful purpose, standing around the outside of liquor stores, common walking at night." However, court ruled that this was actually very vague and must give individuals of ordinary intelligence fair notice when committing crimes and therefor dismissed charges.
IMPORTANT TAKEAWAY:
Void for vagueness: the constitutional principle of substantive due process used to invalidate legislation that fails to give persons of ordinary intelligence fair notice that their conduct is forbidden by legislation.
COMMUNITY PROPERTY
Regime in which earnings of husband and wife during marriage are owned equally by both (sharing income DURING the marriage).
SUPREMACY CLAUSE
RULES OF STATUTORY INTERPRETATION
Manner in which courts are to interpret the meaning of statutes.
PLAIN MEANING RULE
A rule of statutory construction states that if a language of statute is ambitious, it should be evaluated according to the ordinary meaning.
HOLDING: We therefore conclude that the exemption for guest rooms is not special legislation. Exemption for cigar bars was unconstitutional. We agree with the district court, albeit for somewhat different reasons, that the exemptions for tobacco retail outlets and cigar bars are unconstitutional special legislation.
BREAKDOWN: Nebraska enacted a clean indoors act, billbards challenged that these were "special legislation" and the bill was unconstitutional. In the end, while tobacco retail outlets and cigar bars are unconstitutional (which then was removed from the exceptions from the bill) while guest rooms was still allowed to be an exception and the bill was still constitutional after making those changes.
STARE DECISIS
"Stand by a decision"; this is the doctrine that judicial decisions stand as precedents in/for the future (basically, this is the doctrine or legal binding of precedent).
CORPUS JUNIUS
Body of law, the first European attempt to collect and organize legal principles into comprehensive written form.
CASES OF FIRST IMPRESSION
A fact/situation that has never been decided prior to the case.
RELATIONSHIP BETWEEN STATUTES AND PRECEDENT
Yellow cab company of California et al Defendants and Respondents
HOLDING: We conclude that the all-or-nothing rule of contributory negligence as it presently exists in this state.
BREAKDOWN : Lower courts ruled that the decision of contributory negligence, Went to state court and was overturned and established the new precedent of comparative negligence.
TESTING: Example of a court overruling a well-established precedent and substituting a new rule
TREATIES
Scholarly books about the law (usually torts, contract law, or even workers compensation-related; often written by [proficient] law students).
OBITER DICTUM
Part of the judicial decision that goes beyond the scope of the issue and considered mere opinion and not binding precedent. (Extra comments made by the judge that are not necessary to resolve the case but can hold as future reference.)
EQUITABLE DISTRIBUTION
Legal scheme of property ownership designed to equalize the marital shares of husband for the purpose of DIVORCE.
PUBLIC NOTE OF PROHIBITED CONDUCT
Idea that people should not be charged of a crime if the conduct of the crime has not been clearly prohibited by a statute (criminal law essential).
State of Iowa v. Nicoletto
HOLDING: Although a coach who holds a teaching or other professional license is clearly subject to prosecution a person who coaches merely pursuant to a coaching authorization but who is not also a “licensed professional,” “teacher,” or “administrator” . We therefore reverse the jury's verdict and remand the case for the district court to dismiss the charges against Nicoletto.
BREAKDOWN: Nicoletta was a coach at a high school charged with sexual exploitation, he was charged under the statute of a "school employee or licensed official" however, Court decided that Nicoletto was not a licensed official, therefore reversing the jury's verdict for the case and dismissing the charge against Nicoletto.
COMMON LAW vs. LEGISLATION
Legislation is WRITTEN LAW, while common law consists of PRINCIPLES ESTABLISHED IN PREVIOUS CASES ("judge-made" law).
BINGO FREE SPACE [???]
:P
COMMON LAW
Judge-made laws.
LEGISLATIVE HISTORY
Recorded events that provide a basis for determining the legislative intent underlying a statute enacted by a legislature; the sources for legislative history include legislative committee hearings and debates on the floor on the legislature.
HOLDING: We therefore conclude that the NSPA doesn’t criminalize the theft and international transmission of intangible property in an intangible form.
BREAKDOWN: Zhang stole digital files, is that considered tangible items is what was being questioned, it was determined that what he stole wasn't considered "goods, wares, or merchandise within the meaning of the NSPA". Meaning it was dismissed.
RESTATEMENTS OF THE LAW
Compilations of general interpretations of major fields of common law published by American Law Institute (secondary sources used to clarify the law).
UNCONSTITUTIONALITY
One of the two groups in which courts can strike down legislation if the law itself may violate principles of state or federal constitutions.
EFFECT OF ENACTMENT OF LAW
The quality of the legislation as effect on its interpretation. Legislation that is carefully formed and not ambiguous; allowing lawyers a better understanding of the outcome of a client's case.
UNPUBLISHED CASES
Cases that are not certified for publication meaning they cannot be cited as precedent.
HOLDING: The doctrine of charitable immunity is not repugnant to either the Federal Constitution or the Massachusetts Constitution. This court declared its intention to abolish the doctrine of charitable immunity on the first appropriate occasion.
BREAKDOWN: The plaintiff is trying to defend his intestate (dying without a will), and the hospital is defending themselves. The hospital brings up charitable immunity, and plaintiff argues that that charitable immunity is unconstitutional and violates the common good. The court sides with the hospital and plaintiff appeals but in the end rules that in this case while charitable immunity has been abolished in other states, it does not need to be abolished in this state and will get abolished in the next appropriate law case in which if violates the rights of the common good.
CHARITABLE IMMUNITY: is a legal doctrine which holds that a charitable organization is not liable under tort law
PRECEDENT
Prior decisions of the same court (or higher) which a judge must follow in deciding a subsequent case presenting similar facts and the same legal problem (principle of stare decisis).
CONTEXT
The language of a statute must be interpreted in its context.
LEGISLATIVE INTENT
What the lawmakers who passed a law wanted the law to mean. If the language of a statute is unclear, judges will often look at the legislature intent to help them interpret the law.
JUDGES INTERPRET / MAKE LAW [DO THEY?]
Judges merely "interpret" the laws, they do not "make" them. (While judges don't directly make the laws, judges often formulate statements of the laws that clarify them and create new principles within them.)
John Higgins v. Emerson Hospital
HOLDING: The doctrine of charitable immunity precluded recovery against a charitable corporation for injuries sustained after this court, in Colby v. Carney Hospital, 356 Mass. 527 (1969), expressed its intention to abolish the doctrine on the first appropriate occasion, but before the effective date of G.L.c. 231, § 85K, by which the Legislature abolished the doctrine
BREAKDOWN: Deals with charitable immunity issue, however when John got injured it was after the Colby case BUT before 1971 which was when the charitable immunity doctrine was abolished so that means John got no money. Womp womp
STRICT CONSTRUCTION
A literal interpretation of a statute or document by a court (word-for-word).
JUDICIAL REVIEW
Power of the judicial court to examine legislative/executive acts. (Including, but not limited to when the appellate court reviews a lower court decision.)
JUDICIAL RESTRAINT
Concept, policy of courts to restrict themselves to questions asked to them, and refrain from interfering with the executive / legislative branches.
DEFECTIVE PROCEDURE
One of the two grounds in which courts can strike down legislation, stating that the passage of law may have been procedurally defective as of state law.
State of Iowa v. Iowa District Court for Dubuque County
HOLDING: For the reasons set forth below, we conclude that the district court's decision to disqualify the individual prosecuting attorney constituted an abuse of discretion. Consequently, it was likewise unnecessary to disqualify the entire Dubuque County Attorney's Office. The writ of certiorari is sustained, and the case is remanded to the district court for further proceedings.
BREAKDOWN: The procreator for the case (Barnes) defended the state of Iowa and went against the defendant (Erikson). Basically Barnes won twice against her and her boyfriend and she went to jail and said some very offensive things, she argued there was predjustice against her and she should be handling her case (Conflict of interests). The district court won and took Barnes off the assistance county attorney, this was appealed and eventually known as abuse without evidence.
ON THE TEST: When a court cannot look at its own case law because it was a case of first impression, it will look at other state courts (called sister states).
ADJUDICATION
The formal act of deciding disputes by a court.
LEGISLATION
The making or giving of laws
PRIMARY SOURCES
Actual law in the form of constitution, court cases, and statutes.
PRIVITY OF CONTRACT
Relationship between two parties to a contract (basically, a set of rules between two parties they must follow in order to satisfy a contract, and defying/following these rules determines their relationship).