Welcome! Please sit anywhere you like (within reason).

Transcription

1 Welcome! Please sit anywhere you like (within reason). 1

2 SO YOU WANT TO STUDY LAW Seating My room changes shape frequently deal with it. Who is this guy? Mr. Elder Wife (Mrs. Elder) AP at Westclay Elementary (formerly Woodbrook & Mohawk Trails) 5 kids (Kenzie, Maggie, Will, Sam, & Emily) I ve taught 2 nd, 3 rd, 4 th, 6 th, 10 th, 11 th, & 12 th grades (both public and private) I ve also worked with Law students on the post graduate level BA History MBA Kelley School of Business JD IU Law School Spent 22 years in school as a student Worked in law field for 10 years, practiced law for 6+ years (litigation, business, probate, trademark) Worked with FBI for 5 years (community outreach) 2

3 Agenda see the board Seating Assignments not fixed (unless specified) Pass out Books Syllabus Calendar tentative Website Review Rules and Expectations Failure/Fair is not Equal/Respect Writing an ID Intro to US Gov. The Legal Brief IRAC Mini-Case Study Homework Read and Notes on Chapter 1 (Reading Quiz very likely ) 3

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6 Note that the tallest kid GIVES everything but loses nothing. 6

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8 STEP 1 READ & Take Notes Write Ids if necessary HINT: Keep up with the assigned readings and complete Reviews before taking tests. STEP 2 TAKE NOTES during class STEP 3 REVIEW NOTES BEFORE EACH CLASS Prepare for Quiz/Test I highly recommend taking notes on and writing ID s for each Key Vocabulary Term and Key Idea. 8

9 Identification (I.D.): A 2-5 sentence description of a term that includes a definition and an explanation of the terms significance. Significance: means how is this important to our studies and US Government (what impact did it have on subsequent events). 9

10 (STEP 1) Government (Define completely) Definition: The institution through which a society makes and enforces its public policies. The governing body of a nation or a state. Significance: The United States has a federal system of government. Federalism is a system of government that divides power between a central, or national, government and several local governments. In the U.S. national government is called the Federal Government while the local governments are called State Governments. 10

11 (STEP 2) Government (Identify Sub-Terms that require further definition) Definition: The institution through which a society makes and enforces its public policies. The governing body of a nation or a state. Significance: The United States has a federal system of government. Federalism is a system of government that divides power between a central, or national, government and several local governments. In the U.S. national government is called the Federal Government while the local governments are called State Governments. 11

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13 Issue State the question you are trying to answer (question or statement) Rule State the rule or legal principal that should be used to resolve the case. (Prima Facie Case) Analysis State evidence from case used to arrive at conclusion Conclusion What will the court find? How will it apply the rule to this issue. 13

14 Exercise: Amanda has a long history of narcolepsy. She has tried all sorts of remedies from caffeine pills to doing jumping jacks every ten minutes to stay alert. After falling asleep during a law school final, she decided to see a doctor for some professional advice. The doctor prescribed Stay Awake medicine. The medicine seemed to work well and Amanda didn t have any more embarrassing naps in class. Two months later, Amanda was riding her scooter home when she fell asleep behind the handlebars. She then crashed into Felix. Felix decides to sue Amanda for negligence. What result? 14

15 Exercise: Amanda has a long history of narcolepsy Underline or highlight the relevant facts. 2. Identify and Circle the names of the Plaintiff and the Defendant. 3. What is the wrong at issue? (Ex. Battery, defamation, fraud, negligence, trespass, wrongful death, assault) What do you still need to know to resolve this case? 15

16 Exercise: Amanda has a long history of narcolepsy (Fact). She has tried all sorts of remedies from caffeine pills to doing jumping jacks every ten minutes to stay alert. (Fact) After falling asleep during a law school final, she decided to see a doctor for some professional advice. (Fact) The doctor prescribed Stay Awake medicine. (Fact) The medicine seemed to work well and Amanda didn t have any more embarrassing naps in class. (Fact) Two months later, Amanda was riding her scooter home when she fell asleep behind the handlebars. (Fact) She then crashed into Felix. (Fact) Felix (Plaintiff) decides to sue Amanda (Defendant) for negligence (The wrong at issue). What result? (What is the Prima Facie case for Negligence?) 16

17 (pry-mah fay-shah) adj. Latin for "at first look," or "on its face. What evidence before trial is sufficient to prove the case (here for negligence) unless there is substantial contradictory evidence presented at trial. Citation: Law.com, 17

18 Definition: A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). Citations: Cornell University Law School, 18

19 Overview: Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care are the foreseeable likelihood that the person's conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm 3 (P.F.D. No. 1, 2005). Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. See Restatement (Second) of Torts 282 (1965). Citations: Cornell University Law School, 19

20 Five elements are required to establish a prima facie case of negligence: 1. the existence of a legal duty to exercise reasonable care; 2. a failure to exercise reasonable care; 3. cause in fact of physical harm by the negligent conduct; 4. physical harm in the form of actual damages; and 5. proximate cause, a showing that the harm is within the scope of liability. Citations: Cornell University Law School, 20

21 Reasonable Care: the degree of caution and concern for the safety of himself/herself and others an ordinarily prudent and rational person would use in the circumstances. This is a subjective test of determining if a person is negligent, meaning he/she did not exercise reasonable care. Citation: Law.com, Proximate Cause: happening which results in an event, particularly injury due to negligence or an intentional wrongful act.... Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. Citation: Law.com, 21

22 Relevant facts? Issue? Rule (Prima Facie Case for negligence) Analysis: Apply the Rule Did she use reasonable care? Was she the proximate cause of his injuries? Conclusion? 22

23 Read & Take Notes On Chapter 1 Write Case Brief Using IRAC for Rogers v. State (Due August 20 th ) Read Write IDs on Key Terms 23