Agricultural Law Fall 2006 -- AgEc 455

1. Agricultural Law Fall 2006 -- AgEc 455 Three Credits � Junior, Senior & Graduate Including: Learn how to �power-search� for legal information: Search Online for Case Law using Lexis-Nexis.Topics include: Property (Ownership, Rights and Liability, Liability Waivers and Easements), Contracts, Torts, Sales & Warranties, Landlord & Tenant, Environmental Law, Security Interests. Overview: Income Tax, Probate and Estate Planning. Graduate and undergraduate research welcome! Instructor: Gerald A. Harrison, Professor, Member Indiana Bar 35 years of research, writing, teaching and Extension at Purdue Instructor #15

2. AGRICULTURAL LAW:EMPHASIS INDIANA AGEC 455 (3 hrs.) Instructor: Gerald A. Harrison, PhD., J.D. Fall 2006 MWF 9:30 Krannert G-7 Course Style: read, brief case, recite, questions, �answers�, discussion, quizzes, homework, exams, and research paper.

3. Student Data Card(Print neatly) Name: last, first Campus address Local phone E-mail Your major Career goal Previous law, and law related courses. Comments Book $20, Handouts $30 IOU x___________________ $ 50.00 _____ sign here Amt. date

4. Ag Law Goals Learn selected common and case law and Indiana & Federal statutes. Develop analytic skills for legal problems. Learn how to search for legal information: search online for the law using Lexis-Nexis and the Web. Apply principles and generalizations to cases and situations.

5. Agricultural Law? What is Agricultural Law? The law that touches people & property in agriculture? Laws �unique to agriculture?� �Body of law significant in everyday business & life?� �Of practical concern to the entire agricultural community!� - Zoning Law?

6. Law Topics: Introduction: Legal System, Courts, Lawyers, and Legal Disputes: Litigation and Alternate Dispute Resolution Torts Contracts and Sales Ag Labor Property: Nature, Acquisition, Ownership Arrangements and Transfer Property: Rights and Limitations in Its Use

7. Law Topics: A Landowner�s Liability and Liability Limiting Laws Fence Laws and Liability for Animals Zoning and �Right-to-Farm� Laws

8. Law Topics: Selected aspects of Environment Law & Indiana Confined Feeding Regs. Water and Drainage Law Sales, Warranties and Product Liability Marketing Farm Products

9. Law Topics: Security Interests/Lien Law Foreclosure and Bankruptcy: Chapters 7, 11, 12, 13 with Tax Aspects Agricultural Labor, Independent Contractors & Agents Farm Tenancy and Farmland Lease Laws

10. Law Topics: Concepts & Calculations in Federal Income, Estate and Gift Tax Law Business Organization: Partnerships, Corporations, and Limited Liability Companies Estate Planning and Closely-Held Business Transfer Tools in Brief

11. Course Work and Weights Points Activity 10 Class Presentation & Participation. 25 Best 5 Quizzes, 5 points each. Eight to 12 quizzes are planned. 10 Homework: #1(2),#2(2),#3(2),#4(2), #5(2). 20 Tests #1 & #2, 10 points each. 15 Paper---Students choice, subject to instructor approval. ? Bonus Homework points. 20 Final Exam. 100 Total

12. 12 Perceived uniqueness of agriculture Federal labor law exemptions State workers� compensation exemptions Cooperatives exempt from antitrust constraints Special UCC �farm products� provisions Farmer bankruptcy Protection from nuisance lawsuits Value for property & estate tax purposes

13. 13 Perceived uniqueness of agriculture Dependent upon natural forces Isolated rural environment Success dependent upon factors beyond control of owner Weather and yields Input prices Available inputs Variable consumer demand �Jeffersonian Ideal�

14. 14 History and Sources of American Law Norman Conquest of 1066 William the Conqueror established the King�s Court Pre-1066, disputes settled in accordance with local custom King�s court established common set of customs for whole country Development of the �common law�

15. 15 History and Sources of American Law United States Constitution - primary source of all law Article I - Establishes legislative branch Article II - Establishes executive branch and gives President power to make treaties Article III - Establishes judicial branch

16. 16 History and Sources of American Law Tenth Amendment Reserved powers for the States Every state retains the right to govern its own internal affairs State constitutions are the primary source of state law, but they may not conflict with the Federal Constitution Commerce Clause (Art. I, Section 8) Basis for much agriculture regulation

17. 17 History and Sources of American Law Regulatory and administrative law Administrative agencies are creatures of legislatures with specifically delegated tasks and functions: EPA - Environmental Protection Agency FWS - Fish and Wildlife Service COE - Army Corp of Engineers USDA

18. 18 Stare Decisis Basis for the development of English common law. (�stand by things decided) The practice of deciding a case by referring to past decisions. Advantages: Increases efficiency of the legal system Makes legal system more fair and uniform Makes the law more stable and predictable Restrains judges from creating law.

19. 19 Stare Decisis Courts may break from precedent--on public policy concerns. �If the precedent is unsuitable to the character or spirit of the people �� What about cases of �first impression?� Reasoning through analogy Social and �political� factors Fairness

20. 20 Classifications of Law Substantive Law Constitutions, treaties, statutes, ordinances, cases, & regulations Three general areas: Criminal Civil Law of equity

21. 21 Classifications of Law Substantive Law Criminal law (statutory law) Commission or omission of certain acts punishable by a fine or imprisonment Wrong is against society-- the state prosecutes Provides no monetary compensation to injured party

22. 22 Classifications of Law Substantive Law Law of Equity Provides a remedy if monetary damages from a civil lawsuit are not adequate Applies to items that are unique, priceless, or have great sentimental value

23. 23 Classifications of Law Substantive Law Law of Equity Common examples of equity cases: Rescission/reformation of contract, Partition of property, Quiet title, Specific performance

24. 24 Court Systems State Court Systems (see Fig. 1-2, p. 6) Level 1 - Courts of limited jurisdiction, e.g., County courts (Small Claims Courts-no more �justice of the peace.�) Civil cases with small monetary amounts, non-felony criminal matters, traffic cases if accused pleads guilty Typically, no provision for jury trials

25. 25 State Court Systems  Level 2 - Courts of general jurisdiction Courts of record where testimony and proceedings are recorded and pleadings are in writing (County Circuit and Superior Courts) �No limit� on monetary amounts�cases are criminal, civil and equitable matters

26. 26 Court Systems State Court Systems Level 3 - Intermediate appellate court No new evidence is presented, court reviews the record and testimony of the lower court and evaluates how �the law� was applied. Level 4 - State supreme court Court of last resort United States Supreme Court may review constitutional issues or other federal law Must grant certiorari to review a case, four (or more) of nine justices must agree to hear the case�it is a worthy issue, and meets �constitutional tests .�

27. 27 Federal Court System 4-Tier System See Fig. 1-1, p.5 Federal District Courts (94) � two in Indiana �Northern and Southern. District courts have general jurisdiction over civil, criminal and equitable cases Opinions published in the Federal Supplement Appeals taken to applicable circuit court

28. 28 Federal Court System Specialty Courts (hear appeals from administrative agencies) Court of International Trade, U.S. Court of Fed. Claims, U.S. Tax Court, U.S. Bankruptcy Court Appeals to U.S. Court of Appeals for the federal circuit (bankruptcy cases are appealable to Fed. Dist. courts)

29. 29 Federal Court System United States Circuit Courts of Appeals (13) Reviewing courts similar to state appellate courts Indiana is in the 7th Circuit (Chicago) Opinions published in Federal 3d Reporter Supreme Court of the United States Limited reviewing court of final appeal May try cases when Court exercises power of �original jurisdiction� Where State is a party Public officials

30. 30 Civil Procedure Rules and standards for determining disputes in court. Especially important for cases involving administrative agencies.

31. 31 Civil Lawsuit Fig.1-3,p. 9 The pleading stage Filing of complaint with court clerk Names of the parties Facts alleged Damages claimed Summons served Notice to defendant (D) Defendant must answer in 20 days.

32. Defendant�s Options Assert there is no cause of action (demur) Deny plaintiff�s allegation(s) Assert an affirmative defense File a counterclaim which plaintiff (P) must answer All of the above.

33. CAUSE OF ACTION A set of facts or allegations that make up the grounds for filing a lawsuit. The right to bring an action, which implies that there is some person in existence who can assert, and also a person who can lawfully be sued. For example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue, and consequently the statute of limitations did not begin to run until letters of administration (probate begun) had been obtained by some one.

34. Student Data Card(Print neatly) Name: last, first Campus address Local phone E-mail Your major Career goal Previous law, and law related courses. Comments Book $20, Handouts $30 IOU x___________________ $ 50.00 _____ sign here Amt. date