BLaw 210 1nd Edition Exam 1 Study Guide Lectures 1 12 Lecture 1 I II Law consists of rules that regulate the conduct of individuals businesses and other organization within society It is intended to protect persons and their property from unwanted interference from others a Laws protect people who want to cause harm because there are consequences Doctrine of Stare Decisis a Based on the common law tradition past court decisions become precedent for deciding future cases b Precedent is a rule of law established in a court decision Lower courts must follow the precedent established by higher courts Lecture 2 I Law vs Ethics a Legality vs morality b Conscience is the inner reasoning deciding right from wrong Lecture 3 II III Different types of theories a Divine Command Theory b Ethical Egoism Theory c Utilitarianism d Rights Theory We avoid ethical dilemmas by rationalizing Lecture 4 I II III The Social Responsibility of business is a duty owed by businesses to act socially responsible in producing and selling goods and services Stakeholders are employers sponsors investors local community Shareholder s rights a Shareholders actually have very little control over operations of corporations b Do not even have the right by default to nominate directors c Some empirical evidence suggests that more politically active corporations generate lower returns d Underlying argument is that these corporations suffer from poor corporate governance Lecture 5 I II Law comes from multiple sources a Confided Law b Constitutions c Executive Orders d Judicial Decisions e Regulations and administrative orders f Treaties Administrative Law a Concerns the powers and procedures of administrative agencies which include all government authorities other than legislative bodies and courts b Administrative law consists of three elements i Enabling legislation ii Administrative Procedures Act iii Enforcement Lecture 6 I II III Major Functions of the Constitution a Creates the 3 branches of government i Legislative 1 Power to make law ii Executive 1 Power to enforce law iii Judicial 1 Power to interpret law b Protects individual rights by limiting the government s ability to restrict those rights The Process Clause a Substantive due process i Requires governmental laws to be clear and not overly broad the test is whether a reasonable person can understand the law b Procedural due process i Requires government to give people proper notice and proper hearing before depriving them of life liberty or property Equal Protection Clause a Strict Scrutiny Test i Applied to classifications based on race b Intermediate Scrutiny Test i Applied to classifications based on protected classes other than race c Rational Basis Test i Applied to classifications not involving a suspect or protected class Lecture 7 I II III IV V VI VII VIII IX First Amendment a Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people to peaceably to assemble and to petition the government for a redress of grievances Freedom of speech a Fully protected speech i Speech the government cannot prohibit or regulate b Limited protected speech i Commercial speech c Offensive speech i Unprotected speech ii Dangerous speech iii Fighting words iv Obscene speech Jurisdiction a courts rights power or authority to hear and decide a particular case Substantive law law that creates defines and regulated duties and parties Procedural law prescribes methods for enforcing rights of obtaining redress for their violation Venue The location where a court with jurisdiction should hear a suit Procedure The process of a lawsuit begins with the decision to bring a lawsuit a The lawsuit begins with an injured party the plaintiff files the lawsuit b Pleadings refers to the paperwork by which the parties intake respond to and define the scope of a lawsuit Federal Ant Trust Law a The basis of Federal ATL is the desire to foster competition b The law prohibits anti competitive practiced because of our belief that competition leads to lower prices generates more product inflation and results in a more equitable distribution of wealth between consumers and producers Sherman Act 1890 a Jurisdictional Application to restraints that have a significant impact on Interstate Commerce b Section 1 Every contract combination in the form of trust or otherwise or conspiracy in restraint of trade is hereby declared to be illegal Restrictive Agreements Wrongful Purpose c Section 2 Every person who shall monopolize shall be deemed guilty of a felony Misuse of monopoly power in marketplace Lecture 8 I Tort Law Tort law is based upon the principle of Restitutio In Integrum Restorative to seek to make whole II III IV V a A tort is a legal wrong b Purpose of tort law i To compensate ii To render justice iii To regulate behavior There are three kinds of Torts a Intentional Tort b Unintentional Tort Negligence c Strict Liability Strict Liability is liability without fault a Strict liability doctrine i There are certain activities that place the public at risk of injury even if reasonable care is taken ii The public should have some mans of compensation if such injury occurs Elements of Unintentional Torts Negligence a To be successful in a negligence lawsuit the plaintiff must prove b The defendant owed a duty of care to the plaintiff c The defendant breaded his duty of care d The plaintiff suffered injury e The defendant s negligent act caused the plaintiff s injury Products Liability Strict Liability a Defect in manufacture b Defect in design c Defect in packaging d Failure to warn e Failure to provide adequate instructions Lecture 9 I II III Defense Against Negligence cases include a Assumption of the risk b Contributory negligence c Comparative negligence d Superseding of intervening event Johnson Johnson a A man wore a costume made from Johnson Johnson cotton balls b Accidentally caught fire when smoking a cigarette c Did Johnson Johnson fail to warm consumers of risk Matthias a Man was bit by bed bugs during his stay at a motel b Motel knew they had a bug infestation but still rented out rooms c Was the motel negligent