Question

1. What is the hierarchy of laws (constitution, federal, state, local)
2. What is what determines cases the Supreme court will hear
3. What are the defenses to a charge of negligence  
4. What is the elements of; negligence, assault, battery, and defamation

Answer 1

Ans 1:

In the United States, laws are enacted, interpreted, and enforced at the federal, state, and local level. All three levels contain a constitution (called a charter at the local level, although many municipalities do not have charters) adopted by the people, laws enacted by a legislative body, and rules promulgated by individual agencies. As a general rule, a hierarchy exists, such that a constitution (or charter), law, or rule may not contradict a higher constitution, law, or rule. The hierarchy is:

• U.S Constitution
• Laws (statutes) enacted by Congress
• Rules promulgated by federal agencies
• State constitution
• Laws enacted by the state legislature
• Rules promulgated by state agencies
• City/county charters (the “constitution” for the city or county)
• Local laws and ordinances
• Rules promulgated by local agencies.

Ans 2:

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States. The court will typically grant the petitions of cases that are exceptionally unique and that present an issue of law that would be considered far-reaching throughout the United States. The Supreme Court also prefers cases that are clear examples for the lower court so that exact guidance can be given.

Ans 3:

To successfully defend against a negligence suit, the defendant will try to negate one of the elements of the plaintiff's cause of action. In other words, the defendant introduces evidence that he or she did not owe a duty to the plaintiff; exercised reasonable care; did not cause the plaintiff's damages; and so forth. In addition, a defendant may rely on one of a few doctrines that may eliminate or limit liability based on alleged negligence. Three of the most common doctrines are contributory negligence, comparative fault, and assumption of risk. For instance, you may not be found entirely liable if the other party also was negligent.

Ans 4:

1. Elements of Negligence:

• Duty
• Breach of Duty
• Cause in Fact
• Proximate Cause
• Damages

2. Elements of Assault:

• The act was intended to cause apprehension of harmful or offensive contact; and
• The act indeed caused apprehension in the victim that harmful or offensive contact would occur.

3. Elements of Battery:

• Touching which is harmful or offensive.
• Contact was to the victim's person.
• Intent, that the act was deliberate.
• Causation, that something happened as a result of the act.

4. Elements of Defamation:

• First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.
• Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.
• Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication.
• Fourth, in some cases, the plaintiff must prove special damages.