Applying Legal Concepts

Legal Term Definition

Relevant Case Issues

What Elements Apply

· Standing (Right) to Sue

Allows for a party to bring suit to a court. Within the federal court any legal action cannot be brought to the court on the grounds of an individual or group being dissatisfied. The federal court only possess the authority to resolve authentic disputes according to Article III of the Constitution.

Secondary Source: Legal Information Institute. (n.d.). Standing. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/standing.

Primary Source:  Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992)

Schlesinger v. Reservists Committee to Stop the War, (72-1188), 418 U.S. 208 (1974),

“Standing alone, would adversely affect only the generalized interest of all citizens in constitutional governance . . . We reaffirm Levitt in holding that standing to sue may not be predicated upon an interest of this kind…)

Member of the United States Armed Forces Reservist committee opposing their involvement in the Vietnam War pursed a class action against the United States Secretary of Defense. Respondents utilized the fact that they were United States citizen and taxpayers to pursue this class action however the respondents lacked standing to sue as taxpayers and citizens.

Legal Information Institute. (1992, June 12). Lujan v. defenders of wildlife, 504 U.S. 555 (1992). Legal Information Institute. Retrieved from https://www.law.cornell.edu/supct/html/90-1424.ZO.html.

1.The plaintiff must has experienced an injury that is considered of a legally protected interest being (a) concrete and particularized and (b) actual or imminent

2. There must be a causal connection between the injury and the conduct brought before the court

3.It must be likely, rather than speculative, that a favorable decision by the court will redress the injury

Secondary Source: Legal Information Institute. (n.d.). Standing. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/standing.

Relation to Case: Schlesinger v. Reservists Committee to Stop the War, (72-1188), 418 U.S. 208 (1974),

Respondents must be able to proof that they will suffer an injury. This claim was found to lack standing due to the fact that the respondents could only tie in abstract injuries rather than concrete injuries.

Primary Source:  Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992)

· Diversity of Citizenship

Is when all the parties on one side of a controversy contains a different citizenship then those of the other party. This is a requirement of diversity of jurisdiction because it promotes an unbiased court for the defendants.

Primary Source: Diversity of Citizenship Clause (U.S Const. Art. III § 2, cl. 1)

Secondary Source: Legal Information Institute. (2020, July). Diversity of citizenship. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/diversity_of_citizenship.

Guaranty Trust Co. v. York, No. 264. 326 U.S. 99 (1945)

“Diversity jurisdiction is founded on assurance to nonresident litigants of courts free from susceptibility to potential local bias.”

Respondents pursed a diversity lawsuit against the petitioner for allegedly failing to perform their fiduciary duties.

Guaranty Trust Co. v. York. Casebriefs Guaranty Trust Co v York Comments. (2021). Retrieved from https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure-keyed-to-subrin/choice-of-federal-or-state-law/guaranty-trust-co-v-york-4/.

Elements of Diversity of Citizenship involve the following

1.a judicial district where any defendant resides, if all defendants reside in the same State,

2.a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or

3.a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought

US Legal, I. (2021). Find a legal form in minutes. Diversity of Citizenship Law and Legal Definition | USLegal, Inc. Retrieved from https://definitions.uslegal.com/d/diversity-of-citizenship/.

· Discovery

Is the process of gathering information in preparation of a trail. Under federal rules plaintiffs can force defendants to provide information so that they can build their case. According to Rule 26(b) of the Federal Ruled of Civil Procedures this also includes nonprivileged matter relating to the case.

Primary Source: The Federal Rules of Civil Procedure, Title V Disclosures and Discovery (Rule 26- 37), (2020).

People v. Kozlowski, 11 N.Y.3d 223, 869 N.Y.S.2d 848, 898 N.E.2d 891 (N.Y. 2008)

“Upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means.”

The defendant Mr. Kozlowski filed a subpoena for records he was being tried with however this subpoena was found to be exculpatory based off the fact that the defendant did not take the opportunity to interview the witness before the indictment was handed up

Westlaw. (2009, April 10). Supreme Court of the United States. L. Dennis KOZLOWSKI and Mark H. Swartz, Petitioners, v. THE PEOPLE OF THE STATE OF NEW YORK, Respondent. Dailysignal. Retrieved from https://www.dailysignal.com/wp-content/uploads/2009/04/kozlowski.pdf.

The primary Federal tools used to obtain information from the other parties are interrogatories, depositions, and requests for admission.

Relation to case: People v. Kozlowski, 11 N.Y.3d 223, 869 N.Y.S.2d 848, 898 N.E.2d 891 (N.Y. 2008)

The defendant’s deposition subpoena was found to be exculpatory which violated his right to obtain essential evidence due to his failure of know the criminal case before it was stood up. This was found to be unconstitutional.

Westlaw. (2009, April 10). Supreme Court of the United States. L. Dennis KOZLOWSKI and Mark H. Swartz, Petitioners, v. THE PEOPLE OF THE STATE OF NEW YORK, Respondent. Dailysignal. Retrieved from https://www.dailysignal.com/wp-content/uploads/2009/04/kozlowski.pdf.

· Rules of Law

The rule of law is the rules according to the higher law. The government utilizes the rule of law to exercise their power. The rule of law ensures a person will not be prosecuted for any crime not punishable law.

Primary Source: Article I, Section 10, Clause 1, of the U.S Constitution

Secondary Source: Farlex. (n.d.). Rule of law. The Free Dictionary. Retrieved from https://legal-dictionary.thefreedictionary.com/rule+of+law.

Planned Parenthood of Se. Pennsylvania v. Casey, 91-902, 505 U.S. 833 (1992).

“Indeed, the very concept of the rule of law underlying our own Constitution requires such continuity over time that a respect for precedent is, by definition, indispensable”

This case attempts to overturn the decision made in Roe V. Wade case examining women’s rights in regard to abortions and the laws of the land. The result of this case reaffirmed the principles of Roe V. Wade.

Secondary Source: Burgess, P. (2016, July 28). "[the rule of law]" in the US Supreme Court: The Elephant in the court room? Hague Journal on the Rule of Law. Retrieved from https://link.springer.com/article/10.1007/s40803-016-0030-1.

Rule of law consist of laws that are:

· Publicly promulgated

· Equally enforced

· Independently adjudicated

· And consistent with international human rights principles.

The results of this case found that it would be unconstitutional to restrict or make it difficult for woman to receives abortions. The element that seems to apply to this case mostly is independently adjudicated.

Planned Parenthood of Se. Pennsylvania v. Casey, 91-902, 505 U.S. 833 (1992).

· Procedures

Are referred to as the laws of the court that ensure individual rights within a court room. Procedural laws are also used to ensure any business within the court is conducted properly.

Primary Source: Rules Enabling Act of 1934.

SIBBACH v. WILSON & CO., Inc., 312 U.S. 655 (1941).

SIBBACH v. WILSON & CO., Inc., 312 U.S. 655 (1941).

” In the Supreme Court’s landmark Erie R. Co. v. Tompkins decision in 1938, the court declared that federal courts must follow state substantive law, but that “no one doubts federal power over procedural law].”

Sibbach the plaintiff sued the defendant Wilson for sustained injuries in federal court. The defendant requested the court to enforce the plaintiff to participate in a physical examination. However, the plaintiff did not agree and was found in contempt. This was latter overturned because of Rule 37 of the Federal Rules of Civil Procedures.

Primary Source: Federal Rules of Civil Procedure

Under Federal Court procedural laws give the federal courts power and access to forms of process, motions, pleadings, and writs, and the practice and procedure in civil actions at law.

Civil procedure Include rules governing grand juries and indictment; arraignment and notices of defenses; and particular issues pertaining to criminal trials.

Secondary Source: Legal Information Institute. (n.d.). Procedural law. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/procedural_law.

· Civil Law

1)A group of legal concepts, laws, and terminology established by Roman law.

2)Non-criminal law used in settling private citizen disputes.

Primary Source:  Nolo’s Plain-English Law Dictionary

Justinian, I Institutes Venice, 1478

Roman law “Corpus Juris Civilis,” (“Body of Civil Law”)

Secondary Source: Legal Information Institute. (n.d.). Civil law. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/civil_law.

Civil law - definition, examples, types, cases, and systems. Legal Dictionary. (2019, February 15). Retrieved from https://legaldictionary.net/civil-law/.

Some elements of Civil law are:

1) Simplicity and accessibility to the citizen

2) Clear understanding and expression of one duties and rights

3) Advance disclosure of rules

4) Transnational academic doctrine which inspires the judiciary and legislature.

Source: What is the Civil Law? LSU Law Civil Law Online What is the Civil Law Comments. (n.d.). Retrieved from https://www.law.lsu.edu/clo/civil-law-online/what-is-the-civil-law/.

Examples of Civil law case are

· housing

· defamation

· family law

· employment law

Types of disputes. State Library of NSW. (2020, September 25). Retrieved October 19, 2021, from https://legalanswers.sl.nsw.gov.au/hot-topics-courts-and-tribunals/types-disputes.

· Criminal Law

Focuses on punishing individuals who commit crimes. A crime is considered to be committed once an individual actions fulfil element of offensive.

Primary Source: U.S. Code Title 18—CRIMES AND CRIMINAL PROCEDURE

Secondary Source: Legal Information Institute. (n.d.). Criminal law. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/criminal_law.

BORDEN v. UNITED STATES, No. 19–5410, 200 U. S. 321, 337.

“Offenses Against the Person” and “Offenses Against Property”

Borden plead guilt to a possession charge and the U.S Government pursued and enhanced sentence under the ACCA’. Borden argued against this point stating his action were not violent under the ACCA elements. The District Court sentenced Borden as a career offender however this was later reversed.

Source: Legal Information Institute. (n.d.). Borden v. United States. Legal Information Institute. Retrieved from https://www.law.cornell.edu/supremecourt/text/19-5410.

U.S. Code Title 18—CRIMES AND CRIMINAL PROCEDURE

Four categories of criminal law are strict liability, felonies, inchoate offense, and misdemeanors.

The three elements of criminal law or crime are the act or conduct, the individual’s mental state during the time the act was committed, and lastly the causation.

Source: Legal Information Institute. (n.d.). Criminal law. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/criminal_law.

· Torts – four elements of Tort law and the three main types

act or omission that gives rise to injury to others in the amount of wrongs for which the courts deem you have liability.

Three categories of Torts are intentional torts, negligent torts, and strict liability torts.  

Primary Source: Restatement, Second, Torts, copyright © 1977 by The American Law Institute. 

Secondary Sources: Legal Information Institute. (n.d.). Tort. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/tort.

Summers v. Tice , 33 Cal.2d 80, Nov. 17, 1948.

The Plaintiff in this case pursed a lawsuit against the two defendants for personal injury. The plaintiff was sustained injuries to the right eye from one or both defendant’s shotgun during a hunting event. This case aligns to the type of tort known as negligent tort.

Source: Stanford Law School - Robert Crown Law Library. Supreme Court of California. (n.d.). Retrieved from https://scocal.stanford.edu/opinion/summers-v-tice-26161.

Some of the elements within Torts are trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.

Restatement, Second, Torts, copyright © 1977 by The American Law Institute. 

Source: Legal Information Institute. (n.d.). Tort. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/tort.

Every tort case should comprise of the following four elements causation, duty, breach of duty and injury.

Source: Types of torts and examples of tort cases. The Babcock Law Firm. (2021, September 8). Retrieved from https://www.injurylawcolorado.com/tort-law/.

· Venue

The predetermined area in which civil or criminal court is held.

Primary Source: Cortez Byrd Chips, Inc. v. Bill Harbert Construction Co., 529 U.S. 193 (2000).

Secondary Source: Legal Information Institute. (n.d.). Venue. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/venue.

This case involved two parties Byrd and Harbert in which Byrd hired Harbert Construction to complete a job however Harbert demanded more for his bill. This case relates to the concept of venue because it examines the Federal Arbitration Act and determine if it limits motion to confirm and vacant.

Source: Cortez Byrd Chips, Inc. v. Harbert Construction Company. (2000). Retrieved from https://www.oyez.org/cases/1999/98-1960.

Two Venue types that you should be mindful of are local actions which is when the thing to be recovered must be local while transitory actions allow the venue to take place anywhere the plaintiff deems.

Source: Legal definition of venue. UpCounsel. (n.d.). Retrieved from https://www.upcounsel.com/legal-def-venue.

· Justiciability

The different matters the court can adjudicate. Anything determined to be nonjusticiable the court can’t hear it.

Primary: United States Constitution Article III, Section 2, 

Secondary Source: Legal Information Institute. (n.d.). Justiciability. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/justiciability.

Muskrat v. United States, United States Supreme Court, 219 U.S. 346 (1911.

The plaintiff Muskrat filed a petition against the defendant the United States for restricting native American rights and this case eventually made its way to the supreme court.

Source: Muskrat v. United States, 219 U.S. 346 (1911). Justia Law. (n.d.). Retrieved from https://supreme.justia.com/cases/federal/us/219/346/.

To be considered justiciable plaintiff must have standing, the issues must be ripe, and court can not offer an advisory opinion.

Source: Legal Information Institute. (n.d.). Justiciability. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/justiciability.

· Comity

Principles in which allows political entities to recognize each other’s legislative, executive, and judicial acts. Involves countries enforcing legal degrees.

Primary Source: U.S. Constitution, Article IV Clause 2

Hilton v. Guyot Supreme Court 159 U.S. 113, 16 S.Ct. 139. June 3, 1895.

Guyot pursued a lawsuit against New Yorkers Henry Hilton for money that was owed to Guyot’s firm. Initially the court ruled in Guyots favor however Henry and his team later appealed and the court affirmed its decision.

Source: Legal Information Institute. (n.d.). Hilton et al. v. Guyot et al. (two cases). Legal Information Institute. Retrieved from https://www.law.cornell.edu/supremecourt/text/159/113.

Comity acts promote uniformity, limit litigation, and, most important, to show courtesy and respect for other court decision.

Source: U.S. Constitution, Article IV Clause 2

Farlex. (n.d.). Comity. The Free Dictionary. Retrieved from https://legal-dictionary.thefreedictionary.com/Comity.

· Competence

The ability to perform certain acts such as working on the job or making decisions.

Primary Source: West v. SANDERS CLINIC FOR WOMEN, PA

661 So. 2d 714 (1995)

Secondary Source: Legal Information Institute. (n.d.). Competent. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/competent.

West v. SANDERS CLINIC FOR WOMEN, PA

661 So. 2d 714 (1995)

“Minimally competent" as describing "the degree of skill and knowledge that a professional must bring to the task."

This case involved the plaintiff pursuing a lawsuit against several doctors for wrongful diagnostics.

A Court of competent jurisdiction is a court with the power to adjudicate the case. Furthermore, competent witness is one who is legally qualified to testify in court.

Secondary Source: Legal Information Institute. (n.d.). Competent. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/competent.

· Jurisdiction

1)Allows for the court to adjudicate different cases

2)Allows for the court and government to utilize and exercise their powers

Primary Source: United States Constitution in Article III Section 2

Secondary Source: Legal Information Institute. (n.d.). Jurisdiction. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/jurisdiction.

World-Wide Volkswagen v. Woodson 444 US 286 (1980)

The plaintiff within this case was seeking to sue Volkswagen and their New York distributor for an accident he was involved in while driving through Oklahoma because of a car defect. The defendant felt as if this was out of the jurisdiction of Oklahoma.

Source: World-wide Volkwagen Corp. v. Woodson, 444 U.S. 286 (1980). Justia Law. (n.d.). Retrieved from https://supreme.justia.com/cases/federal/us/444/286/.

Jurisdictional question can be broken down into three areas which are in personam jurisdiction, in rem jurisdiction

quasi in rem jurisdiction.

Federal courts jurisdiction is limited to only cases that fall within both the scope defined by the Constitution in Article III Section 2 and Congressional statutes, while the state’s jurisdiction only limit is those prohibited by state law.

Source: Legal Information Institute. (n.d.). Jurisdiction. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/jurisdiction.

· Discovery

Is the process of gathering information in preparation of a trail. Under federal rules plaintiffs can force defendants to provide information so that they can build their case. According to Rule 26(b) of the Federal Ruled of Civil Procedures this also includes nonprivileged matter relating to the case.

Primary Source: The Federal Rules of Civil Procedure, Title V Disclosures and Discovery (Rule 26- 37), (2020).

Secondary Source: Legal Information Institute. (n.d.). Discovery. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/discovery.

People v. Kozlowski, 11 N.Y.3d 223, 869 N.Y.S.2d 848, 898 N.E.2d 891 (N.Y. 2008)

“Upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means.”

The defendant Mr. Kozlowski filed a subpoena for records he was being tried with however this subpoena was found to be exculpatory based off the fact that the defendant did not take the opportunity to interview the witness before the indictment was handed up

Westlaw. (2009, April 10). Supreme Court of the United States. L. Dennis KOZLOWSKI and Mark H. Swartz, Petitioners, v. THE PEOPLE OF THE STATE OF NEW YORK, Respondent. Dailysignal. Retrieved from https://www.dailysignal.com/wp-content/uploads/2009/04/kozlowski.pdf.

The primary Federal tools used to obtain information from the other parties are interrogatories, depositions, and requests for admission.

Relation to case: People v. Kozlowski, 11 N.Y.3d 223, 869 N.Y.S.2d 848, 898 N.E.2d 891 (N.Y. 2008)

The defendant’s deposition subpoena was found to be exculpatory which violated his right to obtain essential evidence due to his failure of know the criminal case before it was stood up. This was found to be unconstitutional.

Westlaw. (2009, April 10). Supreme Court of the United States. L. Dennis KOZLOWSKI and Mark H. Swartz, Petitioners, v. THE PEOPLE OF THE STATE OF NEW YORK, Respondent. Dailysignal. Retrieved from https://www.dailysignal.com/wp-content/uploads/2009/04/kozlowski.pdf.

· Amount in Controversy

Is the amount of monetary damage, or demand relief as referred to as Jurisdictional amount.

Primary Source: 28 U.S. Code § 1332 - Diversity of citizenship

Secondary Source: US Legal, I. (n.d.). Find a legal form in minutes. Amount in Controversy Law and Legal Definition | USLegal, Inc. Retrieved from https://definitions.uslegal.com/a/amount-in-controversy/.

UZUEGBUNAM ET AL. v. PRECZEWSKI ET AL, No. 19–968, (2021).

Uzuegbunam pursued a lawsuit against the school police for violating his fourth and first amendment right when came to his public speeches. The court eventually dismissed the case as moot

Some courts can proceed with a case as long as the amount is more or less than the amount specified by law.

Source: Farlex. (n.d.). Amount in controversy. The Free Dictionary. Retrieved from https://legal-dictionary.thefreedictionary.com/Amount+in+Controversy.

· Six Guidelines of Ethical Behavior-Law

autonomy, beneficence, nonmaleficence, justice, fidelity, and veracity

Source: Davis, B. (2020, March 21). Home. MVOrganizing. Retrieved from https://www.mvorganizing.org/what-are-the-6-basic-principles-of-ethics/.