Key Formulas & Frameworks
Constitutional Law → Statutory Law → Administrative Law → Common Law → International Law
Hierarchy: Constitution at top; all laws must conform to constitution
Common Law (UK, US, India): Precedent-based, adversarial
Civil Law (France, Germany, Japan): Code-based, inquisitorial
Religious Law (Islamic Sharia, Jewish Halakha)
Customary Law: Based on traditions and customs
Offer + Acceptance + Consideration + Capacity + Legality + Mutual Assent = Valid Contract
Defenses: Duress, undue influence, misrepresentation, unconscionability, illegality
Negligence = Duty of Care + Breach + Causation + Damages
Types: Intentional torts, negligence, strict liability
Actus Reus (guilty act) + Mens Rea (guilty mind) = Crime
Mens rea levels: Purposeful, Knowing, Reckless, Negligent
Deductive (syllogism): Major premise + Minor premise → Conclusion
Inductive: Specific cases → General rule
Analogical: Case A is like Case B → same outcome
IRAC Method: Issue → Rule → Application → Conclusion
Criminal: Beyond reasonable doubt (~95-99%)
Civil: Preponderance of evidence (>50%)
Clear and convincing evidence (~75%)
Higher standard protects liberty in criminal cases
Legal remedies: Monetary damages (compensatory, punitive, nominal, liquidated)
Equitable remedies: Injunction, specific performance, rescission, reformation
Equity supplements law where money damages are inadequate
Core Concepts
Rule of Law
The principle that all persons, institutions, and the state itself are subject to and accountable under the law. Key elements: (1) Supremacy of law over arbitrary power, (2) Equality before the law, (3) Legal certainty, (4) Independent judiciary, (5) Access to justice, (6) Protection of fundamental rights. Contrasts with rule by law (law as tool of rulers).
Stare Decisis (Precedent)
"To stand by things decided." Common law principle that courts should follow precedents set by higher courts in similar cases. Provides predictability, consistency, and efficiency. However, precedents can be distinguished (facts differ) or overturned (Supreme Court can overrule itself — e.g., Brown v. Board overturned Plessy v. Ferguson).
Separation of Powers and Checks and Balances
Government power is divided among legislative, executive, and judicial branches. Each branch has checks on the others: veto/override, appointments/confirmation, judicial review. Prevents concentration of power and tyranny. The Federalist Papers (Madison) argued that "ambition must be made to counteract ambition."
Constitutional Law and Judicial Review
Constitutional law governs the interpretation and application of the constitution. Judicial review (Marbury v. Madison, 1803) gives courts power to declare laws unconstitutional. Types of judicial review: facial (law always unconstitutional), as-applied (unconstitutional in specific use), and rational basis/intermediate scrutiny/strict scrutiny for equal protection cases.
Contract Law Fundamentals
A contract is a legally binding agreement. Essential elements: offer (expression of willingness), acceptance (agreement to terms), consideration (something of value exchanged), capacity (legal ability to contract), legality (lawful purpose), and mutual assent (meeting of minds). Breach of contract remedies: damages (compensatory, consequential, punitive), specific performance, rescission.
Criminal Law: Actus Reus and Mens Rea
Crime requires both a guilty act (actus reus) and guilty mind (mens rea). Actus reus can be a voluntary act, omission (when duty to exist), or status (rare). Mens rea levels: purposeful (conscious objective), knowing (awareness), reckless (conscious disregard of risk), negligent (should have been aware). Strict liability crimes (statutory rape, traffic violations) require no mens rea.
International Law
The body of rules governing relations between states. Sources (Article 38, ICJ Statute): international treaties, international custom, general principles of law, judicial decisions, scholarly writings. Key areas: international human rights law, international humanitarian law (Geneva Conventions), international criminal law (ICC), law of the sea (UNCLOS), international trade law (WTO).
Worked Examples & Case Studies
Example 1: IRAC Method — Negligence Case
Facts: Driver texting while driving hits pedestrian in crosswalk. Pedestrian suffers broken leg, $50,000 medical bills.
Issue: Is the driver liable for negligence?
Rule: Negligence requires: (1) Duty of care, (2) Breach of duty, (3) Causation, (4) Damages.
Application: (1) Duty: Drivers owe reasonable care to pedestrians. (2) Breach: Texting while driving violates reasonable care standard. (3) Causation: But-for the texting, accident wouldn't have occurred (actual cause); injury was foreseeable (proximate cause). (4) Damages: $50,000 medical bills + pain and suffering.
Conclusion: Driver is liable for negligence. Pedestrian can recover compensatory damages.
Example 2: Contract Formation Analysis
Facts: Alice emails Bob: "I will sell my car for $10,000. Let me know by Friday." Bob replies Thursday: "I accept, will pick up Saturday." Alice doesn't respond. Saturday, Bob arrives with $10,000. Alice refuses to sell.
Analysis: (1) Offer: Alice's email is a valid offer (specific terms, communication to offeree). (2) Acceptance: Bob's reply is a valid acceptance (mirror image rule — accepts all terms). (3) Consideration: Car ($10,000 value) for $10,000 money — mutual exchange. (4) Capacity: Both adults, competent. (5) Legality: Selling a car is legal. (6) Mutual Assent: Offer + acceptance = meeting of minds.
Conclusion: Valid contract formed. Alice's refusal is breach. Bob can seek damages or specific performance.
Example 3: Constitutional Analysis — Levels of Scrutiny
Case: A state law prohibits women from working in certain hazardous occupations.
Analysis: (1) Right at issue: Equal protection (14th Amendment). (2) Classification: Gender-based → Intermediate scrutiny applies. (3) Test: Law must serve important governmental objective and be substantially related to achieving that objective. (4) Application: Protecting women's health is important, but blanket exclusion is not substantially related — individual capacity varies. Law is overinclusive (excludes capable women) and underinclusive (includes men who can't handle hazards). (5) Conclusion: Law violates Equal Protection Clause.
Case Study: Brown v. Board of Education (1954)
Background: Oliver Brown sued Topeka, Kansas school board for refusing to admit his daughter to an all-white school. Challenged "separate but equal" doctrine from Plessy v. Ferguson (1896).
Legal Analysis: (1) Issue: Does racial segregation in public schools violate Equal Protection? (2) Holding: Unanimous — "Separate educational facilities are inherently unequal." (3) Reasoning: Segregation generates feelings of inferiority, harming educational and mental development. (4) Impact: Overturned Plessy, launched civil rights movement, led to desegregation, inspired litigation strategy (NAACP, Thurgood Marshall). (5) Implementation: Brown II (1955) ordered desegregation "with all deliberate speed" — slow actual implementation.
Case Study: Marbury v. Madison (1803)
Background: Midnight Judges — Adams appointed Marbury as justice of peace before leaving office. Jefferson's Secretary of State Madison refused to deliver commission.
Legal Analysis: (1) Does Marbury have right to commission? Yes — appointment complete when signed and sealed. (2) Does law provide remedy? Yes — right without remedy is meaningless. (3) Can Supreme Court issue writ of mandamus? Original jurisdiction limited by Constitution (Article III). Judiciary Act of 1789 expanded original jurisdiction — unconstitutional. (4) Conclusion: Established judicial review — Supreme Court can declare laws unconstitutional. Foundation of constitutional law.
Practice Problems
Problem 1: What are the four elements of negligence? Apply them to: A doctor fails to diagnose a treatable condition, causing patient harm.
Answer: Duty: Doctor owes duty of care to patient. Breach: Failing to diagnose violates standard of care. Causation: Failure caused harm (but-for cause). Damages: Patient suffered injury. Doctor liable for medical malpractice.
Problem 2: Differentiate between common law and civil law systems.
Answer: Common law: precedent-based (stare decisis), adversarial process, judge as referee, case-by-case development (UK, US, India). Civil law: code-based (comprehensive codes), inquisitorial process, judge actively investigates, systematic rules (France, Germany, Japan).
Problem 3: What is the difference between actus reus and mens rea? Why are both required?
Answer: Actus reus = guilty act (physical element). Mens rea = guilty mind (mental element). Both required because: (1) Thought alone isn't harmful — no crime without act. (2) Accidental acts without intent shouldn't be punished as crimes. (3) Combining act + intent ensures moral culpability. Exception: strict liability crimes (e.g., statutory rape).
Problem 4: A store displays a sign: "50% off all items today." Customer selects items, but cashier says sale was yesterday. Is there a contract?
Answer: Generally no contract. Display = invitation to treat, not offer. Customer's selection = offer. Cashier's refusal = no acceptance. Store is not legally obligated to sell at displayed price (though consumer protection laws may apply in some jurisdictions).
Problem 5: What is the difference between compensatory and punitive damages? When are punitive damages awarded?
Answer: Compensatory: reimburse plaintiff for actual losses (medical bills, lost wages, pain and suffering). Punitive: punish defendant and deter similar conduct. Punitive damages awarded when defendant's conduct was willful, wanton, malicious, or reckless. Example: McDonald's hot coffee case ($2.9M punitive for knowingly serving dangerously hot coffee).
Problem 6: Explain the doctrine of stare decisis. When can a court depart from precedent?
Answer: Stare decisis = "stand by what is decided." Courts follow higher court precedents. Courts can depart when: (1) Precedent is clearly wrong, (2) Social conditions have changed dramatically (Brown v. Board), (3) Precedent has been undermined by subsequent decisions, (4) Distinguishing facts (case is materially different). Supreme Court can overrule its own precedents.
Problem 7: What is the difference between a felony and a misdemeanor?
Answer: Felony: serious crime punishable by more than one year in prison (murder, robbery, fraud). Misdemeanor: less serious crime punishable by up to one year in jail (petty theft, minor assault, traffic violations). Some jurisdictions have infractions (minor violations like parking tickets).
Problem 8: Analyze this law under the three levels of scrutiny: A law requiring all citizens to be at home by 10 PM.
Answer: No suspect classification or fundamental right involved → Rational basis scrutiny. Test: Law must be rationally related to legitimate government interest. Public safety is legitimate. Curfew is rationally related to reducing crime. Law likely constitutional under rational basis (though factual challenges could apply).