Introduction and Fundamental Concepts

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I. The Legal System and Courtroom Anatomy

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A. The Nature of Law

• Definition: Law is defined as humanity’s attempt to put into words the notion of justice and equity.
• Sources: The primary sources include the Code of Hammurabi, the Old/New Testaments, the Magna Carta, and the U.S. Constitution.
• Judeo-Christian Heritage: The American legal system is heavily influenced by Judeo-Christian history. For example, the jury consists of 12 members derived from the 12 apostles.

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B. Courtroom Layout and Procedure

• The Bar: A physical barrier (about 3 feet high) separating the public area from the area where legal proceedings occur. Only licensed attorneys and court staff may pass this barrier (“passing the bar”).
• The Bench: Where the judge sits. Historically, judges were “bench officers” sent by the King to villages.
• The Well: The space between counsel tables and the bench.
  • Rule: One must never enter the well without permission.
  • Historical Origin: The distance represents an arm’s length plus a sword’s length to protect the judge (the King’s representative) from attack.
• Seating Arrangements:
  • Rule: The party with the Burden of Proof receives preferential seating closest to the jury box.
  • Civil Cases: Plaintiff sits closest to the jury.
  • Criminal Cases: The Prosecution sits closest to the jury.

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II. Burdens of Proof

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A. Preponderance of the Evidence

• Applicability: Civil cases (standard Tort claims).
• Definition: “More likely than not” or $51\%$ certainty.
• Goal: To determine liability for monetary damages.

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B. Clear and Convincing Evidence

• Applicability: Civil cases seeking Punitive Damages.
• Definition: Evidence establishing a “high probability that the fact is true”.
• Context: Used when the plaintiff has already been made whole (compensatory damages) but the court seeks to punish the defendant and deter future conduct due to malice, oppression, or fraud (e.g., hitting someone due to their race/orientation).

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C. Beyond a Reasonable Doubt

• Applicability: Criminal cases only.
• Definition: The highest standard in the legal system.
• Rationale: A higher burden is required because the defendant faces incarceration or loss of life, rather than just monetary loss.

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III. Distinctions Between Civil and Criminal Law

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A. Terminology “Firewall”

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B. Double Jeopardy and Sovereignty

• Double Jeopardy Rule: A defendant cannot be retried for the same crime by the same sovereign once acquitted or convicted.
• Separate Sovereigns Exception: The United States has 51 “Kings” (50 States + 1 Federal Government). Double jeopardy does not attach if a different sovereign prosecutes the same act .
  • Example: In the Rodney King case, officers were acquitted in State Court but subsequently convicted in Federal Court for civil rights violations.
• Supremacy Clause: Federal law is the supreme law of the land and preempts contrary state law (Preemption Doctrine).

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IV. Fundamentals of Tort Law

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A. Purpose of Tort Law

• Definition: A tort is a civil wrong.
• Primary Objective: To make the plaintiff whole again (return them to their pre-tort status via monetary compensation).
• System: Tort law is a fault-based system of recovery.

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B. Three Theories of Recovery (Proving Fault)

1. Intentional Torts: The defendant intended the act and/or the consequences.
2. Negligence: The defendant’s conduct fell below the standard of care of a reasonable, prudent person.
3. Strict Liability: Liability without fault, typically reserved for abnormally dangerous activities (e.g., dynamite blasting).

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V. Intentional Torts: Battery

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A. Black Letter Law

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B. Elements of Intent

1. Specific Intent: The defendant acts with the specific goal or desire to bring about the consequences (e.g., intending to blind someone).
2. General Intent: The defendant acts knowing with substantial certainty that the consequences will occur.

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C. Key Case: Kendall v. Brown

• Facts: Two dogs were fighting. The defendant dog owner attempted to separate them using a cane. In the upward motion of swinging the cane, he accidentally struck the plaintiff (the other dog owner) in the eye, blinding him.
• Issue: Was the defendant’s conduct intentional (Battery) or careless (Negligence)?.
• Holding/Rule: The defendant did not have specific intent to hit the plaintiff, nor did he act with substantial certainty that he would hit him. Therefore, the cause of action is not an intentional tort but potentially negligence.
• Analysis: If intent cannot be proven, the plaintiff must pivot to a negligence theory: that a reasonable, prudent person would not have swung the cane in such proximity to another person.

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VI. Anatomy of a Lawsuit (Procedural Flow)

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A. The Prima Facie Case

• Burden: The Plaintiff has the burden of proof to establish every element of the cause of action (the prima facie case).
• Example (Negligence): Plaintiff must prove Duty, Breach, Causation, and Damages.
• Plaintiff Rests: Occurs when the plaintiff has presented evidence for all elements.

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B. Motion to Dismiss

• Upon the plaintiff resting, the defendant may move to dismiss, arguing the plaintiff failed to meet the burden of proof for the prima facie elements.

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C. Affirmative Defenses

• If the motion to dismiss is denied, the burden shifts to the defendant.
• Definition: An affirmative defense is a complete bar to recovery (e.g., Self-Defense).

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VII. Legal Terminology

• Res Ipsa Loquitur: Latin for “The thing speaks for itself.”.
• Prima Facie: “On its face” or “at first sight.” Refers to the establishment of a legally required rebuttable presumption.