Law Wars

Dean Milk Co. v. Madison (US Supreme Court, 1951)

2010-03-31T21:02:00.008-05:00

Beru Lars would pour a tall glass of blue milk for her husband Owen and their nephew Luke every night with dinner. They relied on the "Grade A" stamp on their bottles of blue milk to know that the blue milk they drank was pure, as well as rich, delicious, nutritious and refreshing after a hard day's work on the moisture farm.
They rely on their local government on Tatooine to provide that "Grade A" stamp. Cities and towns on Tatooine passed their own measures to provide inspection of blue milk.

The General Ordinances of the City of Mos Eisley, § 7.21 provides as follows:‘It shall be unlawful for any person, guild or corporation to sell, offer for sale or have in his or its possession with intent to sell or deliver in the City of Mos Eisley, any blue milk, blue cream or blue milk products as pasteurized unless the same shall have been pasteurized and bottled in the manner herein provided within a radius of eight kilometers from the central portion of the City of Mos Eisley otherwise known as Kerner Plaza, at a plant housing the droids, equipment and facilities, all of which shall have been approved by the Imperial Ministry of Public Health.’

The Bantha Herder Guild, an Agamar based trade association and blue milk distributing corporation (you may be familiar with their "Happy Banthas come from Agamar" ad campaign), sought a declaratory judgment that the Mos Eisley ordinance is invalid as a violation of the Interplanetary Commerce Clause of the Galactic Constitution.

The Galactic Supreme Court agreed with the Bantha Herder Guild that the ordinance imposed an undue burden on interplanetary commerce.

The Galactic Senate has recognized the appropriateness of local regulation of the sale of blue milk. The avowed purpose of the ordinance was legitimate. Regulation of blue milk and blue milk products may appropriately be regulated in the interest of the safety, health and well-being of local communities. After all, Banthas are filthy animals. Mos Eisley has an legitimate local public interest in making sure blue milk is processed in facilities that are sanitary, so that all blue milk sold to the public in Mos Eisley is fit for consumption, wholesome, and sufficiently blue.

But this regulation in practical effect excluded from distribution in Mos Eisley wholesome blue milk produced and pasteurized on Agamar. It is immaterial that Tatooine blue milk from outside the Mos Eisley area was subjected to the same proscription as that moving in interplanetary commerce.

The Court stated: "In thus erecting an economic barrier protecting a major local industry against competition from without the planet, Mos Eisley plainly discriminated against interplanetary commerce. This it cannot do, even in the exercise of its unquestioned power to protect the health and safety of its people, if reasonable nondiscriminatory alternatives, adequate to conserve legitimate local interests, are available."

It appeared to the majority of the Court that reasonable and adequate alternatives were available. Mos Eisley could have adequately relied on the Imperial Public Health Service to inspect the blue milk processing plants on Agamar and give them safety ratings.

The Court concluded by declaring that that "one planet in its dealings with another may not place itself in a position of economic isolation."

Spring Break!

2010-03-10T18:45:00.003-06:00

Sorry guys! We've had a busy week and expect another one coming up- The last couple of days have been dedicated to writing assignments and cover letters, and next week has been "called" by Spring Break. But we'll be back after that!

As an apology for the two of you that follow us, here's a video I found on the Internet!

Hypothetical 4 [See White v. Samsung Electronics America, Inc.- (United States Ninth Circuit Court of Appeals, 1993)]

2010-03-03T14:13:00.012-06:00

Cybot Galactica, a mass producer of protocol droids is getting ready to promote their new model of droids based on the old 3P0 series designs. Knowing that their customers use the droids to interact with humans, Cybot Galactica attemps to show off how futuristic and interactive the new droids are by dressing them up as a human female. See advertisement below:

C3P0, now a celebrity from his association with the New Republic hero Luke Skywalker, sees this image and wishes to sue for violation of his property right of his identity. What result?

Erie R. Co. v Tompkins- US Supreme Court (1938)

2010-02-28T15:30:00.003-06:00

Ponda Baba, an Aqualish smuggler, was peacefully enjoying a drink in Chalmun's Cantina in Mos Eisley, Tatooine one afternoon when a young Jedi approached him, and began to hassle the bartender Wuher, one of Ponda's friends, for a beer. Seeing that the Jedi had not paid for his drink, and knowing how upset Wuher got when droids entered the cantina, even briefly, Ponda decided to stick up for his friend, and had his partner, Dr. Cornelius Evasan translate his dislike for the arrogant Jedi. Suddenly, an older Jedi appeared and unprovokedly sliced off Ponda's arm with a lightsaber.

Under Tatooine case law (law created by court decisions, rather than by legislative statutes), Jedi were given a certain amount of leeway (to prevent unnecessary Imperial attention), and Ponda knew that any planetary court was likely to dismiss any claim he filed against his attackers.

Ponda therefore decided to file a claim in Tatooine's Imperial District Court based on diversity of citizenship (usually only Imperial issues are tried in Imperial courts, but planetary issues are allowed when, as in Ponda's case, both parties are from different planets and the amount of damages requested exceeds 75,000 credits. This is known as diversity of citizenship, and is meant to protect the non-planetary resident from bias in a planetary court).

When a planetary issue is tried in Imperial Court, the court is required to apply planetary law rather than Imperial law, in order to prevent plaintiffs from bringing suit in Imperial law just to escape unfavorable planetary law (this is known as "forum shopping"). However, at the time Ponda brought his suit against the Jedis, the Imperial court was only required to apply "written" planetary law, which included planetary statutes, but not planetary case law. Since there was no Tatooine statute prohibiting Jedi violence in cantinas, the Imperial court was free to decide the case based on Imperial common law (basically however they wanted), and awarded Ponda his requested damages.

The Jedi appealed the ruling, which was affirmed by the Imperial Appellate Court, and finally petitioned the Imperial Supreme Court. The Imperial Supreme Court reversed the decision, and held in favor of the Jedi. They reasoned that allowing Imperial courts to apply Imperial common law in cases with only planetary issues created a loophole to the prohibition of forum shopping. Under the law as it was, anyone (like Ponda) could use diversity of citizenship as a means of avoiding bringing suit in a planetary court. They pointed to an earlier case (Black & White AT-ATs v Brown & Yellow AT-ATs), where an AT-AT rental company actually moved to a different planet in order to meet the requirements of diversity of citizenship and avoid planetary law. Based on that negative precedent, the Imperial Supreme Court reversed, and held that Imperial courts were hereinafter required to apply both planetary statutes AND planetary case law when deciding diversity of citizenship cases.

The Trial of Han Solo

2010-02-24T12:27:00.001-06:00

This comes on recommendation from our friend Andy E., after seeing how great a fit it was, we had no choice but to post it. This site had utterly no hand in making this, but it's grand. Just grand.

Do you think they'll use the "Wookie Defense"?

I would, but that's just because I know it doesn't make sense.

Vocabulary of the Law: Desultory- (Used in United States v. Hamilton, United States District Court of the District of Columbia, 1960)

2010-02-21T13:47:00.005-06:00

Desultory- Lacking a plan, purpose, or enthusiasm. (Oxford English Dictionary)

(as used in the majority opinion)-

"[The defendant and the deceased] played several games of pool. They imbibed intoxicating beverages in the rear of the establishment, and they also carried on desultory conversations. There was an exchange of banter between the deceased and the defendant, which developed into an argument, and finally into an acrimonious quarrel..."
United States v. Hamilton (1960)

Ponda Baba and his close chum and drinking buddy Dr. Evazan were enjoying a relaxing afternoon in Chalmun's Cantina in Mos Eisley listening to the house band Figrin D'an and the Modal Nodes, carrying on desultory conversation and recanting of old stories with their fellow patrons. A young human pulled up to the bar and knocked Ponda Baba's drink over without apologizing, Ponda Baba recognized that a "party foul" had occurred and wished to point out to the young human, that knocking over drinks without apologizing wasn't just cool, it could be dangerous in certain contexts. At that point, Evazan took over and blew the whole thing way out of proportion, leading to a long and awkward trip between Ponda Baba and Evazan on the way to the medical droid station down the alleyway.

Schwartzreich v. Bauman Basch, Inc.- (Supreme Court of New York, 1921)

2010-02-17T09:03:00.004-06:00

Jabba the Hutt, frustrated by a certain smuggler's ongoing debt, employed the intergalactic bounty hunting services of Boba Fett. Jabba, following the the underworld's news feeds, suspected that Solo would likely head towards the Cloud City. Jabba then had Bib Fortuna write up a lengthy contract regarding the bounty on Solo. The terms of the contract stipulated that Fett was to travel to the Outer Rim in his hunt for the elusive Solo, and upon his capture was to immediately return to Tatooine. Fett signed the contract and proceeded to Slave I to begin fulfilling his obligations under the contract.

Along the way, Fett was summoned by Darth Vader and amongst his bounty hunting peers aboard the Super Star Destroyer Executor, was given additional (ie, superior) monetary consideration for the capture of Solo. While Jabba promised a healthy bounty, Vader assured the same bounty and that he would surrender his hypothetically unending legal right to force choke Fett at any time. Fett then hailed Jabba over comscan, informing him of the new arrangement with Vader. Jabba offered to increase the bounty, and the two formed a new contract, which Fortuna forwarded to Fett over comscan.

Soon after, Fett was able to capture Solo on the Cloud City of Bespin, and began his return transit to Tatooine, but did not contact Jabba to inform him of the news. In the interim, Jabba realized that Fett simply could not be trusted to fulfill duties under the contract, and contracted Dengar to do the job for less. Just as Slave I returned to Tatooine orbit, Jabba transmitted the news to Fett, and summarily refused to pay Fett the bounty.

Fett sued for breach of contract, with the bounty as expectation damages. Jabba argued that the second contract with Fett was a coercive contract for a pre-existing duty to perform. Fett argued that he and Jabba had mutually consented to terminate the original before enacting the latter contract, and the court agreed. Stating that the prior contract had been properly rescinded, and a new one established in its place, Fett then received his well earned bounty and returned to Bespin for another session...

Hammer v. Dagenhart- (US Supreme Court, 1918)

2010-02-14T12:09:00.007-06:00

Lando Calrissian, without doubt the classiest administrator the Bespin Cloud City had ever known, was in a pickle. Lando had just recently been able to bring the tibanna gas mining operation back up to profitable levels through the use of incredibly inexpensive ugnaught labor. The tibanna gas mined by the ugnaught mining crews and frozen in carbonite by ugnaught carbonite tech crews was distributed throughout the galaxy for use in developing hyperdrive and weapon technology. While some had murmured that the 18+ hour shifts and dangerous working conditions the ugnaughts toiled under were immoral, Calrissian easily shrugged off these complaints, knowing full well that the ugnaughts were a hardy, hard-working race. Besides, production was high and the credits were pouring into the station like a Naboo waterfall.

The Galactic Imperial Senate (just before its forceful dissolution) caught wind of this activity, as well as other such clandestine uses of diminutive species labor in the Outer Rim, and fearing a theoretical "race to the bottom" in labor standards throughout the galaxy, raised legislation that set wage levels and affixed limits on the amount of work hours. Under this legislation, any goods constructed from such "scoundrel-esque" and "rogue-ish" uses of labor could be barred from entering interplanetary commerce.

Calrissian, seeing the writing on the wall, had his chief administrator and legal advisor, Lobot, file an injunctive complaint with the Imperial Court, stating that the Imperial Senate had no power to create such legislation, that any supposedly applicable interplanetary commerce clause under the Old Republic constitution would be inapplicable to the Bespin Cloud City's mining activities; that mining as a purely local activity is too indirectly related to interplanetary commerce to fall under the Old Republic Senate's classic means of enacting legislation. The complaint further suggested that Imperial Senate's invocation of the almost ancient clause was merely a "pretext" for enacting legislation affecting purely planetary issues, a firm violation of the Cloud City's sovereignty.

The Imperial Court agreed, stating that the tibanna gas in question was not a harmful item that could be kept out of interplanetary commerce, simply the nature of the gas' mining and manufacturing was offensive to the Imperial Senate. As mining, manufacturing, hydrofarming and other forms of production were all planetary issues out of the Empire's hands (at the time), the Court struck down the legislation, allowing Calrissian's callous use of ugnaught labor to continue. Little did the Imperial Court know however, that by striking down the Imperial Senate's legislation that they had only made it more powerful then they could even imagine... [See, US v. Darby- (US Supreme Court, 1944)]

McCray v. United States- (US Supreme Court, 1904) [The oleomargarine tax case]

2010-02-10T22:01:00.000-06:00

Dex's Diner serves up the best Vercupti of sgazza boleruueé in CoCo Town. What's the difference that draws in such notables as Obi-wan Kenobi? It's Dex's secret ingredient: lubricating oil.

Now, Dex didn't become a successful diner owner by wasting money on the finest quality ingredients, so he uses synthetic lubricating oil in his Vercupti of sgazza boleruueé. It tastes about the same, and no one has ever noticed the difference because the synthetic lubricating oil manufacturer artificially colored their product to give it the same, rich brown hue of natural lubricating oil.

Recently, Dex noticed a sharp jump in the price of synthetic lubricating oil. That's because the powerful natural lubricating oil industry lobbied the Galactic Senate for measures to eliminate the unwelcome competition from synthetic oils. The Galactic Senate passed a tax on artificially colored synthetic lubricating oil of 10 credits per pound, while clear synthetic lubricating oil remained taxed at 0.25 credits per pound.

I Can't Believe It's Not Natural Lubricating Oil Corp. brought suit to have the tax declared unconstitutional, claiming that the tax arbitrarily discriminated against synthetic lubricating oil in favor of natural lubricating oil as to destroy the synthetic lubricating oil industry for the benefit of the natural lubricating oil industry, and is thus repugnant to those fundamental principles which are inherent in the Galactic Constitution.

The Supreme Court ruled that the judiciary had no power to question the motive of the Galactic Senate in the exercise of its constitutional powers.

The power to tax is the power to destroy, but it is still a power of the Galactic Senate to use at its own discretion. Nothing in the Galactic Constitution limits the power to tax. It is beyond the Court's power to strike down a lawful tax, even if it seems unwise or oppressive.

The Court also stated that synthetic lubricating oil is greatly different from natural. The Court pointed out that some planets have banned the manufacture of artificially colored synthetic lubricating oil because it deceives the public.

Dex simply added his own artificial coloring to clear synthetic lubricating oil after this case. No one has complained.

Personally, I recommend just sticking to a hot cup of ardees if you visit Dex's Diner...

Vocabulary of the Law: Inimical- (Used in Souter's Dissent from Alden v. Maine, US Supreme Court, 1999)

2010-02-07T17:16:00.008-06:00

Courts use a lot of specific language that's not used in every day conversation in their opinions. These 'vocabulary' posts will explain a term used in an opinion, and will hopefully give you a tasty treat to impress people with at future social functions.

Inimical- Adverse or injurious in tendency or influence; harmful, hurtful. (Oxford English Dictionary)

(as used in Souter's Dissent)-

"It would be hard to imagine anything more inimical to the republican conception, which rests on the understanding of its citizens precisely that the government is not above them but of them, its actions being governed by the law just like their own." Alden v. Maine (1999)

It was a little known fact that after completing a contract, Boba Fett would visit a psychotherapy clinic on Bespin and engage their services, where he would talk about his issues with abandonment and residual feelings of paternal loss (also known as "daddy issues") and finish up by participating in a group-based "cry session", where he would express his sorrows through extensive sobbing, and by communal hugging as a means to comfort those feelings. Fett had this information suppressed (often by threat of physical violence) as it was inimical to his well crafted image as an intimidating, no-nonsense killer for hire.

United States v Jewell- (United States 9th Circuit Court of Appeals, 1976)

2010-02-03T15:57:00.011-06:00

Han Solo was captured by the Imperial Star Destroyer Devastator in a smuggling run from Tatooine to Alderan. After breaching the vessel, the Stormtroopers stumbled upon Jedi that had been concealed in a secret compartment aboard the Millennium Falcon. Imperial Law prohibits smuggling- “A person who knowingly engages in the interplanetary transportation of Jedi is guilty of interplanetary smuggling.”

Before the Imperial District Court, Han testified that although he knew of the secret compartment, and was aware of the possibility that the Jedi had been hidden there (while Han was conveniently drinking Flameouts in a cantina nearby); he had deliberately avoided looking in the compartments after takeoff so that he could avoid responsibility if he was caught. Therefore, he stated, his actions did not meet the “knowingly” requirement of the smuggling statute.

The District Court ruled that even though Han did not have ‘positive knowledge” of the incident, deliberate ignorance should be held equally culpable, and convicted Han under the statute.

The Imperial Appellate Court affirmed the conviction, determining that the District Court need only prove “beyond a reasonable doubt, that [Han’s ignorance of the presence of the Jedi] was solely and entirely a result of a conscious purpose to avoid learning the truth.”

The Jedi however, were allowed to leave the Imperial vessel unharmed. It turns out they weren’t the Jedi the stormtroopers were looking for.

Hypothetical 3 [See US Constitution (Art. I, §8, Cl. 3; §9, Cl. 2)]

2010-02-03T12:43:00.003-06:00

The Republic Senate has the power to create legislation over interplanetary commerce, including the channels, instrumentalities, individuals and droids of such commerce. The Trade Federation has formed a blockade around the planet Naboo for undetermined reasons. The Senate has dispatched two Jedis to negotiate with representatives from the Trade Federation. The negotiations fail, and the Republic Senate quickly creates a new law forbidding any blockades, and then files suit against the Trade Federation for their "flagrant" violation of that law. What result?

People v. (Huey) Newton- (California Court of Appeals, 1970)

2010-01-31T08:58:00.002-06:00

Han Solo and Chewbacca were relaxing in Chalmun's Cantina on Tatooine, when Chewie stood up and left the table to grab another Algerine for him and Solo. The rodesian bounty hunter, Greedo, recognizing his chance, then sat down and confronted Solo regarding Jabba the Hutt's bounty on his head. In the middle of the conversation, Greedo felt threatened and attempted to pull a blaster on Solo, which lead to a physical struggle between the two. When Imperial Stormtroopers then rushed into the Cantina to break up the quarrel, Greedo managed to squeeze off a shot into Solo's abdomen. Solo then proceeded to draw his blaster and execute Greedo, and in a rampage of violence killed several other Stormtroopers and Cantina patrons, before running several miles and passing out in the street.

Waking up in a cell in the brig, Solo claimed that after Greedo shot him he could not remember anything that followed after. Expert testimony by a GH-7 medical droid suggested that indeed, after being shot Solo went into a state known as "Automatism"; under which, like a droid he had no conscious control over himself, merely recieving input and submitting output (in the form of repeated blaster fire). The medical droid suggested that such a state could be in this reflex shock condition for up to a half an hour.

This raised several issues for the Outer Rim Court on Tatooine, as one of the elements of being charged with a criminal act is the requirement of "mens rea", or the mental culpability (or intent to commit the act). If Solo was not actually conscious during this obscene flurry of violence, it would be philosophically repugnant to punish him for an act outside of his control. This concern was also to be balanced with the notion that Solo had (even in his "droid-like" state) managed to kill several innocent individuals. The case was eventually remanded by the court for a jury determination as to whether or not Solo's act was voluntary.

Marbury v Madison (US Supreme Court, 1803)

2010-01-27T20:12:00.007-06:00

After winning the Battle of Endor, the Rebel Alliance assembled The New Republic under the articles of the New Republic Common Charter. Leia Organa Solo was the second, fourth, and sixth Chief of State. As she was preparing to leave office (for the final time), she made several last minute appointments to the Coruscant judiciary, including an honorary judge-ship for her long-time friend, Admiral Ackbar. Although the appointments were signed and sealed before Leia left office, she, in her rush to get back to Han and the children, forgot to drop them in the mail-droid, and they were never delivered.

Leia was replaced as Chief of State by Borsk Fey’lya, a Bothan who had opposed Leia during her service as leader of the New Republic, and a long time rival of Admiral Ackbar. Upon taking office, Borsk found the undelivered judicial appointments on his desk. He decided to show Leia and Ackbar who was boss, and refused to deliver them.
Ackbar, who had been given advance notice of his judge-ship, and who was very much looking forward to retiring from the stresses of military life, petitioned the New Republic’s Court of Justice to issue a mandate ordering Borsk to deliver his appointment. He based his claim on the fact that because the appointment was signed and sealed, it was a legally valid document. He also relied on a section of New Republic law recently passed by the Senate that stated:

“The Court of Justice shall have the ability to review appeals from the courts of the planets making up the New Republic; and shall have the power to issue mandates to any court or person holding office under the authority of the New Republic.” (New Republic Senate Law on Judicial Proceedings §13)

The Court of Justice was aware that issuing a mandate ordering Borsk to enforce the appointment would be an encroachment on the powers of the Chief of State. The Justices were concerned that such an attempt to infringe on the executive power would lead Borsk to not only ignore the mandate, but to also have the Justices tossed into the Sarlacc pits of Tatooine.

In order to avoid that unpleasant outcome, the Court of Justice turned to the New Republic Common Charter. In the article describing the powers of the Court, they found a clause that read:

“In all cases affecting foreign dignitaries or ambassadors, and in cases in which a planet is a party, the Court of Justice shall have the power to hear cases of original jurisdiction. In all other cases, the Court shall only have the power to hear appeals from the lower systems, unless the Senate creates exceptions.” (New Republic Common Charter, Article III, § 2, clause 2)

Since Admiral Ackbar’s petition had been sent straight to the Court of Justice, it was not an appeal, and was therefore not allowed under the Charter. However, in order for the Justices to refuse Ackbar’s request, they had to also come up with a reason why the exception created in the New Republic Senate Law, and relied upon in Ackbar’s request, was invalid.

Upon close examination, they discovered that if they interpreted the semi-colon in the relevant provision as a period, it looked as though the clause allowing issues of mandates applied to both original and appellate jurisdiction. They had found their loophole.

In the official opinion issued by the Court, the Justices claimed a new power- the ability to interpret the Charter to make sure the laws and decrees of the Senate did not contradict the Charter’s supreme law. This power of judicial review would allow the Court to void any law they found “uncharteristic.” This allowed them to void §13 of the New Republic Senate Law on Judicial Proceedings, since it violated (kind of, maybe) the Charter’s tenet regarding Judicial power. Admiral Ackbar’s petition was therefore denied.

By granting itself the power to nullify Senate laws, the Court of Justice avoided the risk of intruding on Borsk’s power. The Justices lived to judge another day, and no Bothans died to uphold the rights and powers of the Judicial branch of the New Republic.

R v Cogdon (Australia, 1951)

2010-01-27T10:17:00.005-06:00

After Anakin Skywalker watched his mother die at the hands of the Tusken Raiders in the deserts of Tattoine (See Portee v Jaffee), he began to have force visions in his sleep that his secret wife, Padme Amidala, was in danger of dying during childbirth. One night, after a particularly gruesome dream, where a vampiric baby straight out of Twilight ate its way out of Padme's stomach, Anakin awoke to find himself standing over his sleeping wife, force pushing on her stomach as if forcing a tiny life back into the womb. Disturbed by the situation (made worse by the fact that he had slept-flown from his current station post on Coruscant all the way to Padme's summer palace on Naboo), he consulted the Jedi Council who suggested that he freeze himself in carbonite before sleeping, in the hopes that the suspended animation might end the horrific visions.

That evening, while communicating via hologram with Padme and the droids, C3PO expressed his trepidation about the ongoing war against the Sith lord Darth Sidious. That night, Anakin had 3PO freeze him in carbonite. Unfortunately, the droid, worried that in his absence R2D2 would cheat at their ongoing game of holochess, set the timer incorrectly on the freezing chamber, setting the auto-unfreeze for 5 minutes instead of 5 hours. Upon unfreezing, Anakin, who was still asleep, dreamed that the Sith were attacking Padme in her home. A sinister cloaked figure was on her bed, lightsaber drawn.

Anakin awoke to find himself crying hysterically, landing his ship on Coruscant. He rushed to Obi-Wan's room and told him that he was afraid he had harmed Padme. Together they rushed back to Naboo, only to find that in his unconscious state, Anakin had hacked his wife to death.

The Jedi Council, in determining Anakin's culpability, stated that there is no crime without the presence of overt and voluntary conduct (actus reus). They found that even though Anakin had overtly preformed the act of lightsaber murder, it was a product of involuntary unconsciousness, and that the act was not actually his act at all.

Webb v. McGowin- (Court of Appeals of Alabama, 1935)

2010-01-24T10:54:00.002-06:00

Chewbacca, having been imprisoned on Coruscant for illegally freeing wookie slaves, was being whipped to death by Commander Nyklas. Imperial Lieutenant Han Solo entered the room to inform Nyklas that comscan had detected a vessel containing a new shipment of wookie slaves had been detected dropping out of lightspeed. Before speaking, Solo noticed that the whip in Nyklas' hand was about to deliver a likely lethal blow to the beaten, battered, and bloodied wookie, and overcome with guilt, heroically jumped in front of the whip as it fell. Solo was severely injured in the process (given the fact that the whip had been specifically formulated for the sturdy wookie physiology). Chewbacca then proceeded to remove Nyklas' arms from their sockets, and then decided to form a "life-debt" with Solo for his courageous act, promising to repay his kindness with services as a co-pilot, mechanic, dejarik player and drinking companion for the rest of Solo's natural life in addition to a payment of 15 credits every two weeks.

Following his heroic death at Sernpidal, Chewbacca's estate cut off the biweekly payment of 15 credits to Solo and his family. Solo shortly thereafter filed suit for breach of contract.

The New Republic Court of Appeals eventually held that even though Solo had saved Chewbacca's life without his permission, Chewbacca's life had provided the inherent consideration necessary for contractual obligation. By promising to a life-debt and 15 credits every two weeks, Chewbacca had created an effective contract. The court rationalized this by stating that even though there was no express agreement between Solo and Chewbacca before Solo intervened, Chewbacca almost certainly would have agreed to such a contract had there been time to discuss its terms. The court was relying on the concept of the "quasi-contract" or "implied contract", a "legal fiction" used by courts to imply a contract where in fact one did not exist.

Ybarra v. Spangard et al- (Supreme Court of California, 1944)

2010-01-20T10:15:00.003-06:00

Two days following the Battle of Endor, Han Solo woke up blind. The next day, Solo consulted with a medical droid, who stated that it was a possible side-effect of his time in suspended animation in carbonite weeks earlier. While such a prolonged reaction to the process was rare, the droid stated that the possibility of such a malady was dramatically increased if the process was performed negligently.

When Solo attempted to contact and confront the carbonite crew on Bespin, they refused to respond to inquiries regarding his processing. Han then filed a lawsuit accusing negligence against the crew, relying on the doctrine of Res Ipsa Loquitur.

This doctrine transfers the burden of proof when three elements are satisfied: 1) the harm to the plaintiff must be of the kind which ordinarily does not occur in the absence of negligence, 2) it must be caused by an an agency or instrumentality in exclusive control of the defendant, and 3) the plaintiff must not have contributed to the negligence by voluntary action. The newly reconstructed Republic Court fully agreed, reasoning that the carbonite processing instruments were fully under the control of the bespin crew, and that Han, being fully restrained and in the hands of the Empire could not have contributed to the potential negligence.

Having satisfied all three elements, the burden then transferred to the Bespin carbonite crew to prove that they were NOT negligent in treating Han. The New Republic Court specifically noted that there had recently been a liberalization of the Res Ipsa Loquitur doctrine that encouraged its use in this case. Han was unlikely to have much evidence of negligence by the crew. In order to overcome a "circle of silence", that simply by remaining silent and withholding evidence the carbonite crew could prevail against Han, the doctrine should be applied.

Kannavos v. Annino- (Supreme Judicial Court of Massachusetts, 1969)

2010-01-17T07:34:00.003-06:00

Ackbar in preparation of leaving Dac to represent the Calamarian Council in negotiations with the Empire, was planning on selling his home. He released a series of announcements over the com-scan network advertising his house as being in first class condition and perfect for first-time house owners, and was eventually able to find ready, willing and able buyers, a young Quarren couple looking to start a family.

As the couple toured the house with Ackbar, their Mon Cal Realtor agent close behind them, the owners inquired as to the condition of the house's structural integrity and foundation. Almost without thinking, Ackbar let slip "It's a tra--traditional style home." Ackbar was about to say that the house was a trap, knowing full well that the house's foundation was on the verge of collapse having been built on unstable structures just above the ocean. The Quarren couple, relying on Ackbar's reputation and statements purchased the house, and as predicted, shortly after Ackbar left Dac, the house collapsed.

While no-one was killed in the incident, the Quarren couple sued Ackbar for making an untrue representation, as by making a statement regarding the house, Ackbar had a duty to be full and forward with his statements regarding the house. While it was true that the buyers could have found out by inquiries with the city council, the fact that Ackbar made these falsified assertions made this distinct from case precedent. The Mon Cal Council found for the couple, not only because of the rationale, but also due to Ackbar not showing up for the court date, as he had been enslaved by the Empire.

Proctor v. State- (Criminal Court of Appeals of Oklahoma, 1918) [Back to Buisness]

2010-01-13T22:39:00.014-06:00

Shortly following the Emperor's initiation of Order 66, the secondary market for Jedi lightsabers exploded, with hundreds filling the black markets on Coruscant. While the statutory language of Order 66 largely dealt with the removal of Jedi commanders, §A(3) made it illegal for any citizen of the Empire to possess Jedi paraphernalia with the intention of practicing the Jedi arts, including the use of lightsabers; punishable by death by means of firing squad, force choke or lightning. Mere ownership of lightsabers exclusively, however, was not illegal.

Marso Yula was a low level bureaucrat and Imperial officer on Coruscant who secretly collected lightsabers purchased from bounty hunters, stormtroopers, and the black markets. Yula wished to learn the ways of the Jedi, but had never acted upon these intentions. While following a tip in efforts to obtain the light saber of fabled Jedi Qui-Gon Jinn, Yula was arrested by a stormtrooper raid and later charged under violation of Order 66, §A(3).

However, upon review by the Coruscant division of the Imperial Court of Appeals Order 66 §A(3) was termed "inoperative and void." The court held that since ownership of lightsabers was entirely legal, the fact that Yula had an illegal intent to learn the Jedi arts was immaterial. Under the Imperial Penal Code, charging an individual with a crime required BOTH a physical act (Actus Reus) and an intent to act illegally (Mens Rea). While Yula may have (and in fact, did) intended to act illegally by learning the ways of the Jedi, the unfilled action meant a lack of "Actus Reus", and thus Yula could not be charged with a crime. Order 66 §A(3) was then struck down for its problematic requirements, and Yula was released, but was compelled to "donate" her collection to Darth Vader via a most persuasive force gripping.

Hypothetical 2 [See Palsgraf v. Long Island Railroad Co.- (Court of Appeals of New York, 1928)]

2010-01-11T17:01:00.000-06:00

At the Boonta Eve Classic, Ody Mandrell's droid accidently was pulled through his pod's engine, causing an explosion that set off a chain reaction that caused a large part of the stands of the Mos Espa Grand Stadium to collapse and crushed Ziro the Hutt's prized jester Gibberous Crumb, injuring him severely. Crumb sues Ody Mandrell for negligence. What result?

Happy New Year/Break Pt.2

2009-12-31T20:06:00.005-06:00

Yup, we're still on break, and still loving it, as we sure you are too.
While on break, watch this, it's GREAT.

Also, Law Wars is seeking contributors for the new semester! E-mail your submissions to lawwars@gmail.com!

Happy New Year!

Hines v. Morrow- (Court of Civil Appeals of Texas, Dallas, 1921)

2009-12-30T20:12:00.001-06:00

Luke Skywalker returned to Dagobah to continue Jedi training under the tutelage of Master Yoda. Under the direction of his master, Luke proceeded to stand on his head and lift some large rocks into the air using the Force. Before completing the exercise, with the rocks still floating mid-air, Luke's hand that had prior to that time been severed in an unrelated intrafamily lightsaber duel, which was extended with a cybernetic hand, began to sink into the swamp mud. The hand went down into a hole at least 10 inches or 12 inches, filled with soft mud and water, and Luke's limb became securely fastened therein, and he was unable by his own efforts to extricate his said hand from said hole. As he was sinking, Luke, a young Padawan, not yet fully trained in the Jedi ways, became distressed and lost concentration, at which point the rocks he had been levitating began to fall toward him. In order to avoid the danger of being hit with large rocks, which danger was then imminent and certain, if he was unable to extricate his limb from said hole and said danger would have caused to him death or serious bodily injury, and, prompted thereby, he used the force to lift himself up into the branches of a Gnarltree located nearby and out of the path of the falling rocks. Thereby his hand and arm were pulled from the hole and in doing so a coil in a hanging vine that was dangling between him and the tree caught Luke's other arm. As Luke was flew through the air, the vine tightened around his arm and so mangled and lacerated the same that it became necessary to amputate his only non-cybernetic hand.

Luke sued Yoda for his injuries resulting from Yoda's negligent maintenance of the area used for training, specifically failure to repair the many slimy mudholes. (Yoda's response: "Mudhole?! Slimy?! My home this is!")

Yoda's defense relied on the assertion that the accident was too freakish to be foreseen, even by Yoda's power of Force vision.

The court found for Luke because the injuries were a result of Yoda's negligence, and the exact consequences of negligence do not have to be foreseen.

Contributed by Andrew Greenberg

Happy Wookie Life Day!

2009-12-27T09:11:00.003-06:00

Yup. It's a holiday, so we're taking a break.

To help sooth that bad feeling you've got, watch this!

Happy Life Day!

Ellish v. Airport Parking Co.- (Supreme Court, Appellate Division, Second Department of New York, 1973)

2009-12-23T10:50:00.000-06:00

Han Solo and Chewbaca had finished deactivating the hyperdrive in the Alderan system when they noticed that there no longer was a planet present, merely a vast debris field. Before long, the Millennium Falcon was pulled via automated tractor beam into the docking bay of what initially appeared to be a moon, but was in fact the space-station the "Death Star". Han and Chewie (along side Luke, Obi-Wan and the beloved droids) deboarded the Millennium Falcon and began adventuring around the station, in an attempt to save a certain wayward princess, carefree of the posted signs that stated that the Empire was not responsible for any damage to vehicles in the docking bay.

As the rag-tag group of adventurers concluded their initial escapades aboard the station, they returned to the Falcon only to find that it was missing, apparently stolen by several intoxicated stormtroopers while it was stored inside the Death Star docking bay.

Han later pressed charges for damages against the Empire, claiming that the Millennium Falcon's placement inside of the docking bay amounted to a bailment, and the failure of the Empire to return the ship in the condition it was bailed was a prima facia case of failure in acting the part of the bailee.

The Imperial Court held (unsuprisingly) that the arrangement did not amount to a bailment due to an analysis on six criterion: the open and obvious nature and location of the Death Star docking bay, the impersonal nature of the tractor beam service and a total lack of communication between the Death Star docking bay crew and Han Solo, the fact that Han retained the start up codes for the Millennium Falcon at all times, that there were posted warnings regarding the Empire's liability for docked vehicles, and the fact that with so many stormtrooper patrols, other vessels and TIE fighters coming and going about in the docking bay, that it would be impossible to keep tabs on one ship. Further, as Han was unable to provide evidence of negligence on the part of the Empire's docking bay crew, the court found for the Empire.

There was however a dissent, which noted that Han had no choice in the matter of docking his ship, and that the Millennium Falcon could not be controlled or released from the docking bay without the tractor beam being deactivated by the docking bay crew (or the work of subterfuge by Obi-Wan).

Stambovsky v. Ackley- (Supreme Court, Appellate Division, First Department of New York, 1991)

2009-12-20T13:22:00.009-06:00

Pagao, an Ewok formerly of the Dark Moss village was moving into a new part of the forest moon Endor, Bright Tree Village, and had purchased a lovely treehouse at an affordable price. After moving in, however, strange things began to occur. Pagao would often see distressing paranormal occurances such as moving rocks, sticks and other small items within the house. At times, Pagao could swear that he felt the presence of other individuals, even when he was entirely sure he was alone; and at times he was sure he heard voices in a non-Ewok language, including one speaking in a dialect that sounded like a distant cousin of his Fa-zee of the Mu-pat Tribe.

Upon an inquiry with the local shaman, Logray, Pagao discovered that his new house was haunted by three spirits of fallen Jedi warriors, Skywalker, Kenobi and Yoda! Further, the entire village knew of the haunted nature of Pagao's new house, and was a in fact a local legend (much like the visit of Shiny God). Pagao, knowing that such spirits were portents of disaster (following the apocalypse of other tribes as debris for the Second Death Star rained down at high speeds upon the moon), wished to rescind his purchase and the seller refused.

Pagao found justice within a newly formed New Republic Court, which stated that the Galactic common law rule of "caveat emptor" (let the buyer beware) no longer applied, and that since the law arises from facts (also known as the principle of "ex facto jus oritur"), as a matter of equity, the Ewok buyer could have the contract rescinded, and be freed from having to live with the three Jedi spirits. The court noted that the seller's omission of the spirits presence in negotiating as an issue of concealment, as well as delivering a house filled with the spirits of the deceased violated both the warranty deed signed by seller.

However, the most noted part of this opinion was the humor of the Judicial Arbiter, who made repeated puns, and at one point remarked candidly about his opinion of the Ewok people.

*Seriously, though, do yourself a favor and check out this opinion on your own. It's hilarious.

Begun, the Finals have.

2009-12-16T10:13:00.000-06:00

"Fear is the path to the dark side: finals. Fear leads to anger. Anger leads to hate. Hate leads to finals. Finals is suffering." -Yoda (or, what he might have said, had he been in law school)

We've got 'em! You may have 'em too! We'll be back to schedule on Sunday!
May the Force be with you for your finals (and beware the siren call of the Dark Side)!

Christensen v Swensen (Supreme Court of Utah- 1994)

2009-12-13T09:48:00.002-06:00

Princess Leia, onboard the Tantive IV and anticipating the arrival of Darth Vader, employed her astromech droid R2D2 to deliver a frantic plea to the old Jedi Obi-Wan Kenobi, who was hiding on Tatooine.

R2D2, along with his befuddled BFF C3PO, crashed an escape pod onto Tatooine, and began to search for Obi-Wan. Unfortunately, they were quickly captured by Jawas and sold to Owen Lars. Before Owen could wipe their memories and subject them to an eternity of moisture farming, R2D2 was able to outwit the hapless Luke Skywalker and escape into the desert, desperate to complete his mission. However, Luke and C3PO followed him, and R2D2 unwittingly led them straight into a Tusken Raider ambush. After Obi-Wan mysteriously appeared and saved them, Luke (who had taken quite a tumble, and was additionally incensed by the murders of his aunt and uncle) pursued litigation against R2D2 for negligence. Knowing that as a droid, R2D2 would have very few assets, Luke attempted to hold Princess Leia, R2's employer/owner, vicariously liable for her droid's actions.

The lowest court on Tatooine held that an employer was vicariously liable when their employee's negligence occurred within the scope of their employment. Looking to an older case, they found that the test for scope was 3 pronged: The employee must be about the employer's business when the negligence occurs, it must occur within the hours and ordinary spatial boundaries of their employment, and the employee's conduct must be at least partially motivated by serving the employer's interest. The lowest court found, without a jury, that since Tatooine was not within the spatial boundaries of the Tantive IV, Leia was not vicariously liable for R2's negligence.

On appeal to the highest court on the planet, it was decided that vicarious liability is normally a jury issue, and is only decided by the court when there are no factual issues. They held that reasonable minds could differ (that is, there was a factual issue) as to all three criteria, including the spatial limitation. As an astromech, R2D2 was often employed far outside of the Tantive IV, which made the spatial boundaries of his employment hard to determine. The court held that a jury was required to determine the facts before liability was imposed on Leia, and remanded the case for further proceedings.

Summers v. Tice- (Supreme Court of California, 1948)

2009-12-09T20:36:00.005-06:00

Commander Cody and two other clone troopers were in the field hunting for Separatist Droids on Geonosis when Cody decided to scout a head and recon the area. Due to radiation from a nearby nebula, all scanning transmissions were effectively jammed. When the other clone troopers caught up with Cody, he jumped up to give them further instructions, at which time they both fired very, very negligently directly in Cody's direction upon hearing this rustling and not detecting his signal. They shot him twice in the face.

During the Republic Tribunal's court marshal of the two clone troopers, it was determined that due to the lack of evidence as to which injury was the cause-in-fact of Cody's injury, then Cody could sue both of the troopers under the doctrine of Joint/Several liability. Further, under this doctrine if Cody could establish negligence on the part of the two troopers (which they totally were), he could recover the entirety of his damages from one or the other.

Dillon v. Twin State Gas & Electric Co.- (New Hampshire Supreme Court, 1932)

2009-12-06T11:11:00.000-06:00

Master Chief Gunnery Officer Tenn Graneet was a Death Star Gunner on superlaser duty during the Battle of Yavin. Just as Luke Skywalker was completing his trench run, he slipped and fell back over the tiny railing on his platform as the Death Star's main superlaser was charging up in preparation to fire on Yavin IV. He was incinerated instantly by the beam, and his estate sued the Empire for his wrongful death. The Empire's advocates countered, stating that mere seconds later the Death Star would have been destroyed by Skywalker's torpedo, killing Graneet instantly. The Imperial Court agreed with the Empire, and lowered Graneet's damages to those few seconds of life lost between the charging of the superlaser and the destruction of the Death Star.

THANKSGIVING!

2009-12-02T21:24:00.001-06:00

Law Wars took the holiday week (+an extra day) off for preparing outlines, but we'll be back Sunday!

MAY THE FORCE BE WITH YOU FOR FINALS!

Jacob & Youngs v. Kent- (Court of Appeals of New York, 1921)

2009-11-22T17:30:00.007-06:00

Shortly after the completed construction of the Emperor's new dreamhouse/battlestation, the Death Star, the Emperor along with Vader were inspecting the many features of the exterior of the space station when they stumbled upon what looked to be a thermal exhaust shaft within the equatorial trench of the Death Star.

The two called in the station's designer, Bevel Lemelisk, and pointed out to that within the contracts for him to design and construct the Death Star, there was a specific clause that stated "all thermal exhaust vents must be subject to approval by the Emperor, any thermal exhaust vents built without approval will be rejected and is to be immediately torn down, removed and remade or replaced in accordance with the official drawings and specifications, whenever discovered..."

Lemelisk refused, stating that "It's not a big deal. What possible harm could come from something like this? It's the size of a womp rat." The Emperor refused to pay him, and Lemelisk proceeded to file suit. At trial, the Emperor attempted to defend himself by pointing out the clause, but the Imperial Court refused (which lead to several force electrocutions, chokes and further electrocutions to certain Imperial Justices), stating that the cost of the substantial performance of removing or replacing the intricate duct-work that made the thermal exhaust ports lead straight to the reactive core of the Death Star would be grossly out of proportion to the good attained, and that the Emperor could recover only for the functional difference between a Death Star without such thermal exhaust ports.

The Emperor proceeded to execute Lemelisk following the trial, cloned him, and then executed him again. His rage that day was palpable.

Wishnatsky v. Huey- (Court of Appeals of North Dakota, 1998)

2009-11-18T09:58:00.003-06:00

On board the Executor the Emperor and Vader were having a serious Sith Master/Apprentice discussion about pressing Force related issues (namely capturing that slippery Luke Skywalker), Admiral Firmus Piett wanted to inform Vader that comscan had picked up some interesting activity. Piett entered Vader's lair without knocking, and Vader instinctively used the Force to shut the doors. Piett collided into the now shut doors and fell backwards against the wall.

He sued Vader for battery, however an imperial court granted Vader summary judgment, stating that as a matter of law, it was not a battery. This was affirmed by the higher court, stating that the contact had been "momentary, indirect, and incidental," and that Vader's actions were "rude and abrupt" but would not "be offensive to a reasonable sense of personal dignity." The court basically implied that Piett was a crybaby, something that would stay with him for the rest of his life until an A-Wing crashed into the deck of the Executor. Probably because he actually was a bit of a crybaby.

Swinton v. Whitinsville Sav. Bank- (Supreme Judicial Court of Massachusetts, 1942)

2009-11-15T13:02:00.007-06:00

Tricky Aadj-Duck Jun sells a summer home to Admiral Ackbar on the newly freed planet Endor. Aadj-Duck Jun knows there to be one clan of Ewoks hiding out in the attic and another camping in the shrubbery surrounding the house. However, he purposely withholds this information from the unsuspecting Admiral, the latter being understandably more shrewd in matters of space warfare than in real estate. Months later, Admiral Ackbar discovers the Ewoks while investigating the mystery of his beloved cat's disappearance. When he sues Aadj-Duck Jun, he loses. This is because there is no liability for bear nondisclosure.

Contributed by Charlie Gokey

General Motors v Sanchez- (Supreme Court of Texas, 1999)

2009-11-13T11:41:00.002-06:00

Young Luke Skywalker was training under Obi-Wan Kenobi on board the Millenium Falcon on their way to rescue Princess Leia from the Empire (she claimed they were her only hope). Obi-Wan was instructing Luke on lightsaber techniques, and as part of his training, had Luke read the holographic manual which described safety measures to be taken to reduce the risks involved with such a highly dangerous (and elegant) instrument, including the proper way to turn a lightsaber on and off.

One night after Obi-Wan had gone to sleep, Luke decided to practice his sweet lightsaber moves, so that the princess would be impressed when they rescued her. When he was done, he believed that he'd flipped the lightsaber off, unaware that an intermediate position existed between the on and off positions. While Luke was admiring his Force-bulked physique in the mirror, the lightsaber, which had indeed not been fully turned off, flipped from the intermediate position back on, and sliced off Luke's hand.

Luke sued the lightsaber manufacturer, claiming that the intermediate position was a design defect.

The imperial court held that while the lightsaber was defective in its design, however a space jury found that Luke was negligent for not taking measures to ensure the lightsaber was off, and he was held 50% responsible for his own injury. They found that although Luke did not have a duty to guard against unknown defects, he did have a duty to take reasonable precautions to secure his lightsaber. Because Luke had read the holographic manual, he knew the safety measures required to ensure it was properly turned off, and had breached his duty when he failed to follow those measures. Therefore the imperial court held that the lightsaber manufacturer's damages should be reduced by 50% to account for Luke's comparative responsibility in the harm.

Lakotos v. Billotti- (Supreme Court of Appeals of West Virginia, 1998)

2009-11-11T20:20:00.005-06:00

Anakin Skywalker, padawan, and Padme Amidala, senator, were secretly married on the planet Naboo. There they kept a secret home, which was held by both of them in joint tenancy with right of survivorship (They both shared an equal interest, with one gaining full control of the property when the other died). For a while everything was totally cool, and Padme got totally preggers. Then Anakin made his inevitable turn to the dark side. After hearing of her husband's slaughterfest at the Jedi temple, Padme hitched a ride with Obi-Wan to meet Anakin and confront him on the planet Mustafar. Anakin, now Darth Vader, suspecting Padme of being in cahoots with Obi-Wan, and wanting the Naboo home all for himself, Force-choked her like crazy, until she eventually died. As the surviving spouse, Vader was now the sole possessor of the property on Naboo and held it until his children grew up and sued him. Although Vader was legally entitled to the property, the council found that it should go to Luke and Leia, citing the Empire's slayer statute, which states that a murderer is not allowed to benefit from his wrongdoing, and that the property should therefore go to Padme's heirs.

Peet v. Roth Hotel Company- (Supreme Court of Minnesota, 1934)

2009-11-08T22:01:00.005-06:00

Famed pod-racing super star, Sebulba, was preparing for the Boonta Eve Classic and noted that his powerbinders were not functioning correctly. He took his pod's specialty powerbinder to Watto's shop for a quick bit of maintenance, but when he arrived, Watto was not available (he was out rolling chance cubes). One of the service droids running the shop gave Sebulba a box, in which he placed the powerbinder and gave the box to the droid. The droid then wrote Sebulba's name on it and placed it to the side.

A few weeks later, Sebulba inquired about the status of the repair, to which Watto replied stating that he had never received the part. Watto then investigated his staff to see if any of the droids had made off with the part, or perhaps a certain human slave named Skywalker, but these efforts to find the powerbinder failed. The droid who accepted the part did not know what had happened to it.

Sebulba sued for damages, stating that Watto's shop had failed to return the bailment of the powerbinder. The shop claimed that the droid was not made aware of the value of the specialty powerbinder since Sebulba had placed it in a box, and as such could not be held responsible for such high damages. The Tatooine court disagreed, stating that Sebulba had not misrepresented or hidden the nature of the powerbinder by placing it in the box, and that the shop would be held to a reasonable standard of care in its keeping. By not returning the powerbinder, they had breached this standard of care, as well as failed in acting as a bailee.

Lucy v. Zehmer- (Supreme Court of Appeals of Virginia, 1954)

2009-10-28T15:18:00.008-05:00

Lando Calrissian operated a classy restaurant on Corellia before he became the classy administrator of the classiest Cloud City on Bespin. Han Solo, a friend of Lando's who was severely lacking class and hoping to obtain some, came to Lando's restaurant just before close one night and offered to buy Lando's classiest vessel, the Millenium Falcon. Han had discussed this matter with Lando many times before, and each time Lando had politely but sternly assured his "good buddy" that the Falcon simply was not for sale.

This night, Han brought with him a large box of "space wine" and the two began to drink and once again discuss the terms under which Han might buy the Falcon. Han claimed that he could pay 50,000 Imperial Credits cash that he had just saved up from several smuggling jobs via the Kessel Run. Lando said that for 50,000 he'd accept (believing his "good buddy" to be lying and wishing to call his bluff) and sell the Falcon to Han. In an attempt to force Han to admit he didn't have the credits, he even wrote out a contract of sale on the back of one of the restaurant's receipt, and signed it. Han then grabbed the receipt and offered Lando 5 credits down payment to seal the deal. Lando declined, still thinking that Han didn't have the credits. Han then proceeded to get Chewbacca to help him get the rest of the funding together.

When Han came to Lando a week later with the "contract" and the 50,000 credits, Lando refused to convey the start up code to the Falcon, stating that he had been "joking" and that he had never intended to sell the Falcon, that it had all been a joke. Han sued for specific performance, and the court granted, stating that it would have been impossible for Han or anyone else (who wasn't a telepath) to know that Lando was joking from his outward appearance. Lando claimed in court that he was very drunk from the space wine, but the court was not convinced, knowing full well that Lando was a man who could handle his liquors.

Gammon v. Osteopathic Hospital of Maine- (Supreme Court of Maine, 1987)

2009-10-23T23:53:00.008-05:00

Lobot, Lando Calrissian's assistant on the floating Cloud City on Bespin was grieving his recently deceased mother, as well as the loss of his employer Lando Calrissian due to his high-stakes contracting with the Empire (see Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965). Later that day, Lobot received a package from the Cloud City infirmary that he believed contained his dead mother's personal effects. When he opened the bag, he discovered that it only contained Luke Skywalker's severed hand, which while cauterized by Darth Vader's lightsaber strike, had begun to rot and turned blue in the process.

Lobot claimed to suffer emotional distress from the incident, having cyborg/human relations malfunctions and administration-related nightmares, growing distant from his family. Lobot did not report any physical ailments suffering from his emotional distress, nor did he seek professional help from the Cloud City counselor.

He sued the Cloud City infirmary for emotional damages. The court ruled that while Lobot was not within the "zone of danger", he had satisfied the court's newly established test that an individual must suffer "more emotional damage than a reasonable cyborg could bear", and held that the infirmary was obviously negligent in its mishandling of bodily remains. The court also noted that as family member of someone who was recently deceased, Lobot was much more likely to be trustworthy, limiting concerns of future floods of litigation.

Bethel v. New York City Transit Authority- (Court of Appeals, New York, 1998)

2009-10-23T14:42:00.004-05:00

Jek Porkins was sitting in transit on his way to a briefing at the Tierfon Rebel Base when his seat collapsed beneath him. Porkins sued the Rebel Transit Authority for negligence. Though Porkins had no proof that the Rebels knew of the defective seat, he stated that the Authority owed him the "highest duty of care" as a common carrier for Rebel forces, and that they had constructive notice of the problem due to repairs of the seat 11 days earlier. While a trial court found for Porkins, the ruling was overturned, stating that the extraordinary requirements of the common law for common carriers was unacceptably harsh. The court instead opted for the establishment of a "reasonable person" standard, which is far more flexible. The case was remanded to a lower court for a new trial based on the "reasonable person" standard.

Hypothetical 1 [See Popov v. Hayashi- (Superior Court, San Francisco County, California, 2002)]

2009-10-22T17:20:00.006-05:00

The Corellian Corvette Tantive IV is in open space. Two ships are nearby, one an Imperial Star Destroyer Devastator, another, a bounty hunting vessel piloted by Cradossk. Cradossk is able to capture the Tantive IV by tractor beam, and begins to pull the ship in when a rogue vessel fires upon him, causing the ship's tractor beam to malfunction. At this point the Devastator overtakes and captures the Tantive IV. Cardossk sues the captain of the Devastator for possession of the Tantive IV. What result?

*The author wishes to note that hypotheticals may not be accurate in regards to official Star Wars cannon. These hypothetical situations are intended to assist in legal analysis, rather than convey accurate Star Wars history.

Hawkins v. McGee- (New Hampshire Supreme Court, 1929)

2009-10-22T14:39:00.008-05:00

While coming in for several routine tune ups for his cybernetic prosthetic, Medical Droids 2-1B and FX-7 attempted to persuade Luke Skywalker that they could repair his hand and make it "as good as new", further promising him "one hundred percent good hand".

Despite their poor grammar, after several visits the Droids were successful and Luke agreed to undergo their procedure. The droids used an experimental form of "skin grafting" and removed skin from Luke's chest to use as the "new" tissue for the hand. Unfortunately, the tissue used for the graft continued to grow chest hair, and Luke's hand became increasingly hairy, leading to his need to wear a black glove over the hand at almost all times (see, Return of the Jedi).

Luke sued the droids for breach of contract, as well as pain and suffering. The court dismissed the claim for pain and suffering stating that these effects were inherently a part of the procedure that Luke agreed to; however, the court did hold that the Droids were liable to Luke for breach of contract, and that the damages the Droids owed to Luke should be equal to the difference to the hand he received (one that was disgusting and hairy) and the one he was promised (one that was "one hundred percent good hand"). This was based on the reasoning of "expectation interest" which aims to place Luke in the position he would have been, had the Droids not breached the contract.

White v Brown- (Supreme Court of Tennessee, 1977)

2009-10-22T13:34:00.007-05:00

Han Solo devised a holographic will (which in legal terms means a will written and signed exclusively by the will-writer, but in this case also means an actual hologram) leaving the Millennium Falcon to Chewbacca "to fly in." His will also contained the phrase, "the ship is not to be sold."

After Han died and Chewbacca picked up the Falcon, his wife, Leia Solo, claimed that the ship only belonged to Chewbacca until his death, upon which Han and Leia's children would inherit the Falcon. She based her claim on the phrases in Han's will which limited Chewbacca's rights to the ship, stating that it was her husband's intent that after Chewbacca died, the ship would automatically revert back to the Solo family (This theory is called a Life Estate).

Chewbacca then brought suit against Leia, stating that regardless of the terms of the will, Han intended to give him the ship outright, to be passed on to Chewbacca's heirs after his death (This is known as a Fee Simple Absolute). He believed that the clauses in the will limiting his rights were unlawful and the result of Han writing the will himself, without legal assistance.
The council, citing New Republic law, decided that the prevailing law favored the intent of the will-writer in cases of holographic wills, and that, when intent could not be determined, such wills should be read as assigning Fee Simple titles, rather than Life Estate titles, unless a contrary intent is expressed in either the words or the context of the will.

The council found that, despite Han's phrasing, it was impossible to determine whether he meant to give the Falcon as a Life Estate or as a Fee Simple Absolute. They also found that the phrases limiting Chewbacca's rights to the ship were not strong enough to overcome the law's preference for passing Fee Simple titles, and therefore were unlawful limitations. The council awarded the ship in Fee Simple Absolute to Chewbacca, and voided the parts of Han's will restricting his rights to use the Millennium Falcon as he saw fit.

Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965)

2009-10-22T12:01:00.008-05:00

Lando Calrissian is the Baron Administrator of Cloud City, on Bespin. In an attempt to stave off an invasion by the Empire, Lando makes a deal with Darth Vader, trading the rebel Han Solo and his companions for the continued survival and independence of the people he represents. However, Darth Vader uses high pressure tactics, like blackmail and threats of violence to induce a deal where he holds more bargaining power, and effectively removes any meaningful choice Lando might have had in negotiating the terms or in accepting the bargain. Additionally, Vader continually adds to and modifies the terms of the deal, allowing him to unfairly advantage until the deal is so one-sided that Lando no longer gains anything from the bargain. When Vader brings suit against Lando for breaking the deal and helping Han and Leia escape, the council will find that the deal is unconscionable, both procedurally (in the formation of the deal) and substantively (in the terms of the deal) and will refuse to enforce it as a matter of law.

Pierson v Post- (Supreme Court of Judicature of New York, 1805)

2009-10-22T10:07:00.007-05:00

Biggs Darklighter is flying his T-16 down Beggar's Canyon, an unowned plot of land on Tatooine. Biggs locates and begins pursuing a wild womp rat. Just as he is about to corner the womp rat in a corner of the canyon and fire upon it, Luke Skywalker bullseyes the womp rat from his T-16 and makes off with it. Biggs files suit, claiming that Luke stole his womp rat. Looking to the logic of earlier authors, the council rules that even though Biggs was in pursuit, intent to possess and pursuit alone are not enough to convert the womp rat into property. Luke's intention of possession was made real by the act of mortally wounding the womp rat, sufficiently converting the womp rat into his property.

Portee v Jaffee- (Supreme Court of New Jersey, 1980)

2009-10-22T09:55:00.004-05:00

Tusken Raiders abduct Anakin Skywalker's mother on Tatooine while Anakin is off learning to be a Jedi. She is tortured and the Sand People are basically all kinds of negligent with her. By the time Anakin arrives to rescue her, it's too late and she dies in his arms. This inflicts great emotional damage on Anakin, and as a result he heads further down the path that will lead him to the dark side. If Anakin hadn't murdered the whole tribe, he would have had a claim against the Tuskens for his emotional damages, even though they didn't directly harm him, because 1) he personally witnessed his mother's death, 2) he was in close proximity to her when she died (he would not have had a claim if he watched her death by hologram), 3) he and his mother were related, and 4) her death was a serious injury.

This thing is happening.

2009-10-19T14:26:00.002-05:00

Hi.

My name is Emma, and I go to a midwestern law school, along with my friend Tim. We are midway through our first year, and, as might be expected, need to go that extra mile to understand some of the new concepts and cases being thrown our way, especially when explaining to our friends why law school is so gosh darn hard.

We have come across a surprisingly universal analogy machine, which is called Star Wars. We have yet to find any law term or case that cannot be explained in Star Wars. So we figured we'd start sharing them with the world, because obviously this is something everyone needs to know.

Feel free to join in if you like, and welcome to Law Wars.

-Emma (+ Tim)

*Note- We are only 1L's, so most of the legal rules we write about are probably out of date. Please do not consider anything on this blog authoritative, and definitely do not take anything as legal advice. This blog is only meant as a way for us to blow off steam and make our classes a little more interesting. We are basically the opposite of professionals, and our opinions are worth absolutely nothing.*

*Note 2- While almost everything in this blog is based upon something in the Star Wars canon, it is not strictly canon, and will deviate as necessary.*