LAW 3220 1st Edition Exam 1 Study Guide Lectures 1 5 Lecture 1 What is law What are the three main purposes of law Why has Haiti failed at growing economically Who can create administrative agencies What is a case What is the difference between common law and civil law What are the different classifications of law Chapter 1 Law rules standards and principles that define the behavioral boundaries for business activities a collection of rules or principles intended to limit and direct human behavior Ways law is formed o Legislative lobbyists o Executive o Judicial Purposes of Law o Creates social stability o To match general societal principles law changes to adapt to society Ex Marijuana laws Pros More taxes less prosecution expenses Cons Complicated moral fiber of country o Provides just conflict resolution Overview of Legal Business Environment o All pieces of business touched by the law o Important for businesses to have lawyers connected to business o Goals of society and goals of business the same Ford Pinto Case Bolt would rip open gas tank if car hit from behind causes the car to catch fire weighed prices of changing all the cars versus being sued by the burned people International Perspective o Earthquake in Haiti different countries went to help but so much corruption in Haitian government o Bribes accepted in some countries and not others o When working in foreign country that countries laws apply Federal government trumps state government Administrative Agencies o Created by executive branch o Ex FDA Can create their own regulations o States can create agencies as well Congress and state can have laws about the same thing o Ex Marriage under state jurisdiction but fed can influence it through funding and other laws that affect the more specific laws Ex Equal Rights Acts American law comes from English law Common Law o Bad because different states have different opinions and therefore different laws Common Law Made by judiciary Branch Statutory Law Made by Congress Case dispute between two or more parties that is resolved through the legal process Case Reports book of all the cases that were decided this year o Where lawyers go to look for modifications in law Davis vs Department of Labor and Industries Company put pipes in incorrectly come back years later Davis went into fix pipes collapsed and killed him Davis sued contractor that laid the pipe but law said that once pipe was laid and job done the contractor is no longer liable threw the case out appealed Court of Appeals changed the law because of changing pipe technology so contractors became more liable and had more incentive not to cut corners President can create law through executive orders and has influence of administrative agencies Governor has influence over state administrative agencies Civil Law o Used by most other countries o Different from common law in that 1 More inquisitive ask lots of questions than adversarial trash opponent 2 Based on codes regulations and rules academic rather than cases historical precedential 3 Influenced more by academic experts than practicing lawyers Trade Agreements bridge between our law and other countries laws o Ex NAFTA free trade treaty makes business smoother no tariffs Classifications of Law o Public Law government and the people Influences behavior Brings about social change Ex Drinking and driving o Private Law Regulating conduct between members of society person to person Ex Suing somebody contracts debt collections assault and battery o Criminal Case State law that will get you jail time must be found guilty beyond reasonable doubt 99 Ex Drunk driving murder o Civil Case End with paying money just need majority 51 Could be innocent as criminal case but guilty as civil case Ex Suing o Substantive Law Interested in matter about the case what the case is about Ex Deer hunting medical malpractice o Procedural Law All procedural things to build a case the same case to case Ex Send summons request jury trial Case A dispute between two people that must be settled in court Lecture 2 What is the difference between the Courts of Original Jurisdiction and Appellate Courts What is judicial immunity What is jurisdiction Explain what happens in a diversity of citizenship case Differentiate between exclusive jurisdiction and concurrent jurisdiction Differentiate between subject courts and general courts Lawyers not trusted b c o Don t stand for anything o Out to win their case not fighting for justice Lawyers job is to o Zealously represent your client We have an adversary system of justice both sides are against each other Google Don t be evil uphold ethics Company had outside sales guys to make sales bait and switch one employee went to management about them breaking the ethics upper management told them to keep doing it guy got fired sued for wrongful termination didn t hold in court b c just ethics not law Chapter 2 Court System Federal Court System 3 tiers o 1 District Courts o 2 Court of Appeals o 3 Supreme Court Two tiers of court systems state and federal Both have Courts of Original Jurisdiction trial court where trials are originally brought judge applies the law as it stands cannot change the law and appellate courts Appellate Court o Court of Appeals o Supreme Court o Can change law or reverse the decision o Look at errors of law o Federal judges are appointed for life o In SC judges have to go in front of a screening committee made up of legislative body then most likely in for life Judicial Immunity Can t sue a judge if they make a bad decision can only appeal it good so judges don t feel weird making decisions Davis vs West If you re appointed by the court to do something lawyer was required to pay bills government worker went and took money from lawyer lawyer sued government official was ok b c arm of the law Federal District Court o Court of Appeals Family Court Only related to families divorces adoptions alimonies Probate Court Administrates over wills guardians what happens when somebody dies IRS Tax Court Always start in Court of Original Jurisdiction then to an Appellate Court then possibly to Court of Appeals Bench Trial Trial just with a judge Jury Trial Trial with a jury Court of Appeals o 3 Judges on bench US Supreme Court Highest court o Supreme Court decides which cases they will hear o Deal a lot with Constitutional issues A lot of state procedures are similar to federal procedures Civil Procedure and Criminal Procedure are tried differently All