Bus 3350 1st Edition Exam 1 Study Guide Lectures 1 5 Lecture 1 January 5 Legal Environment of Business What is the law How many types of law are there How do you classify law What is litigation What are discovery tools What are the 5 ways to resolve cases The law is enforceable rules governing relationships among and between individuals and their society 4 types of law 1 Common law law that is derived from custom and judicial precedent rather than statutes judge made black lettered law Holds accountability A way to reflect character of social order 2 Administrative law the body of law that regulates the operation and procedures of government agencies Deals with bureaucracies agencies No separation of powers for agencies Agencies have authority to pass a rule and enforce those rules 3 Statutory law used to define written laws usually enacted by a legislative body Bill is proposed to legislation If legislation passes it it goes to executive branch If executive branch passes it becomes a law 4 Constitutional law the body of law that defines the relationship of different entities within a state namely the executive the legislature and the judiciary Declaration of Independence http www archives gov exhibits charters declaration transcript html Preamble http www law cornell edu constitution preamble The Constitution http www archives gov exhibits charters constitution transcript html Classifications of Law Substantive v Procedural Rights duties obligations Procedures and methods for enforcing rights duties etc o Substantive what you re suing about o Procedural how you go about it Civil v Criminal Differences include 1 The parties 2 Consequences 3 Burdens of proof how much is required to be successful Criminal beyond reasonable doubt does not require high certainty o High level of proof to avoid certain things Litigation Litigation always starts outside of the court room Service of Process 1 Something happens 2 Party files suit 3 Must give notice to other party Discovery tools 1 Request for production of documents 2 Interrogatories written questions 3 Requests for admissions statements asked to other parties so they can admit or deny 4 Depositions questions asked under oath 5 Electronic 5 ways to resolve cases 1 ADR alternative dispute resolutions a term used to describe several different methods of resolving legal disputes without going to court 2 Mediation third party tries to fix problem 3 Arbitration third party can force to fix problem 4 Jury trial jury does work judge instructs jury 5 Bench trial judge is fact finder and decider Lecture 2 January 12 What are the respective duties of the judge and jury What is the judicial process What is jurisdiction What is the long arm statute Jury instructions read at every case Jury uses common sense observations and experiences Appeals Appellate courts Supreme courts Appellate court only read records Witness is not watched Deference is given to fact finder Questions of law No deference Looked at brand new 2 types of questions that the appellate court looks at 1 Fact 2 Law Judicial Process 3 basic judicial requirements before they can pursue a case in court 1 Standing judicial doctrine used to determine whether a party is entitled to judicial relief party has some interest in outcome do they have skin in the game 2 Venue physical geological location Where the case should be brought For example o You live in Wilson County and get in a wreck in Davidson County you would sue in David County 3 Jurisdiction application to speak the law over someone Can also be over a thing or subject matter Jurisdiction Types of jurisdiction In personam jurisdiction over a person To be present court has jurisdiction over the individual How do you deal with businesses and corporations Where they are incorporated headquarters where they files papers Can other states obtain jurisdiction depends on long arm statute Long arm statute allows for a state court to obtain personal jurisdiction over an out of state defendant on the basis of certain acts committed by an out of state defendant provided that the defendant has a sufficient connection with the state In rem jurisdiction jurisdiction over things Physical items Where the items reside is where in rem jurisdiction takes place For example o There is a boat in Miami and money for the boat is owed elsewhere one can file for garnishment in Miami Court has in rem jurisdiction where item is physically located Subject matter jurisdiction type of case you deal with For example o Bankruptcy Bankruptcy courts only deal with bankruptcy and has subject matter jurisdiction 2 ways federal courts can get jurisdiction 1 Federal question issue of law dealing with constitution of federal statute Ex search and seizures confessions Bill of Rights 2 Diversity of citizenship people come from different states and sue each other Lecture 3 January 26 Describe the components within Constitutional Law Explain checks and balances What is judicial review List the Bill of Rights Primary purpose of the Declaration of Independence To inform the world that the United States has free and independent states The people are sovereign Nation formed by set of ideals only nation The language of the Constitution is the Preamble The Constitution spells out what the government can and cannot do It is an outline of how the system should work It is a means by which work out Article I Legislative Branch o Most power rests here o 2 houses House of Representative Senate Article VIII o Spells out what Congress can do o Congress only has power given by the people o Supreme Court can declare Congress unconstitutional Section 9 o Prohibits what Congress cant do Section 10 o Prohibitions on states Article II power invested to President of US Article III Judicial Branch o Judiciary is least powerful Article 6 o US Constitution is the Supreme Law of the Land o If state law contradicts Constitution Constitution wins Full faith and credit o One state makes judgments another state has to respect it Checks and Balances Makes sure all three branches are equal One branch cannot have more power over another Legislative o Senate body never dies o 2 3 always there o intended to slow things down o states appoint Senate represent will of states Judicial Review Supreme Court has power to declare a law unconstitutional Bill of Rights 1 Freedom of speech religion press right to petition government 2 Right to bear arms 3 Soldiers cannot be housed without owners consent 4 Right of