lBLAW 2013 1st EditionFinal Exam Study GuideChapter 1:- Common law – case law, decided by judges- When judges establish law, it is precedent- Burden of proof – lies with the government to prove defendant guilty beyond a reasonable doubtChapter 2:- Fed courts and jurisdiction- Federal – trial = district, appellate = us district of appeals- AR = 8th circuit in St. Louis- Has jurisdiction over a nonresident if minimum contacts are presento Have they done something that would make it fair for him to have to defend himself in that state, presence in state for minimum contacts- Fed court – if US is a party, must be heard in fed courtChapter 3:- Taking a case through judicial system- Summary judgment – decision made by trial judge before trial begins – judge rules that one side is entitled to win because of the law- Arbitration – binding- Mediation – never binding, often required by trial judges before a case can be set for trialChapter 4:- Constitution- Bill of rights contains certain liberties that government cannot interfereo Called state actiono Must show that government is interfering with freedomso Doesn’t protect from private comps and individuals- Congressional authority to pass legislation- Commerce clause – provision used to pass the civil rights acto Must tie something into regulation of interstate commerce - Protection from unreasonable searches and seizureso Lawful search = consent, warrant, or search incident to a valid arresto Need oneChapter 5:- Administrative agencies – before they can pass a regulation that has the effect of law, must give the public 30 days for comment- If a case goes through an administrative agency, before you can file a lawsuit, must exhaust all remedies within agency firstChapter 6:- Criminal law – 2 elements present for criminal conviction to be obtained- Mens rae – criminal intent, intent to violate law- Actus raus – must have done the act itself- RICO – deals with racketeering in organized crime- Double jeopardy – cannot be tried twice by same governmental body for the same crime- Doesn’t mean you cant be tried by another state, or if tried by state then cant be tried by federal government- If found not guilty by jury, that state cannot prosecute you for the same crime again- Nothing to do with civil casesChapters 7 & 8:- Fairness not an element of a contract, doesn’t have to be fair to be valid- Statute of frauds – must be in writing to be valido Sale of lando Contract which cannot be completed within one yearo Promise to stand behind the debt of anothero Sale of goods greater that $500- Can withdraw an offer at any time up until it has been accepted- Consideration – something of value that is exchanged in a contracto Preexisting duty rule - If entered into a contract that is valid that hasn’t been finished, and make another deal to get more money, the second contract is not valid under the preexisting duty ruleo Contract to pay more money to do what you’re already obligated to do is illegal, not providing any greater service- Punitive damages not awarded in contract cases- Condition preceding contract - Some event that must happen first before you can be held liable- Gaming contracts are void in Arkansas – any type of game of chance, paying for opportunity to win prize, it is voidChapter 9:- Intentional- Defamation – false statement to a third party, malice must be proven- Unintentional – negligence- Comparative fault – find plaintiff’s damage, then find percentage of fault attributed to plaintiff, then take that percentage off of the entitlement- Look at total amount of damages found (personal + property)- Then evaluate how much negligence the plaintiff contributed- Deduct percentage responsible from amount awarded in damages- Elements of negligence case - duty, breach of duty, causation, damages- Strict liability – products liability case- Strict liability applies if professional seller has manufactured or sold a product that is unreasonably dangerous and defective- Held strictly liable for any injuries that result- Only applies to professional sellers or merchantsChapter 10:- Collection law- Seizure of nonexempt assets, garnishment- Cannot put someone in jail for debts in the US- Bankruptcy- Preference – occurs when paying a creditor right before you file for bankruptcy so the trustee can get money back- Debts that are no dischargeable (cant wipe out with bankruptcy) – know them!Chapter 11:- Partnership law- Question on test: how a partnership is taxed – a partnership does not pay income tax, only business that pays income tax as an organization is the general corporation- If there is no partnership agreement to the contrary, they share equally in the profits and in the losses- LLC – no limitations on size (unlike subchapter s companies)- Can do business anywhere- No limitationsChapter 12:- Agency- Implied authority – agency in which an agent has not been given specific directives of his authority, but by virtue of being in that position, has the authority to do what is commonly associated with that job- Authority that comes with the job- Agent that enters into contract for his principle and doesn’t fully disclose info, then agent and principle are responsible- Real estate- Joint tenancy – ownership of land by 2 or more people, all own same percentage and all acquire interest at the same time- When someone dies, the tenancy passes to the co-owners, NOT the family- Adverse possession – being a good faith owner of land is not a necessary element of adversepossession case- Don’t need deed or title to land either- Race notice – involves a fraudulent sale of land to multiple parties- Good faith buyer who records deed at courthouse first gets the land- Recognizes validity of good faith buyer who records deed firstChapter 13:- Trademarks – no termination date- Copyright – terminates – the death of author +70 years- Fair use doctrine – elements congress uses to apply o Educational purposes? How much used? Depriving copyright holder of a return on his investment (effect on market)?Chapter 14:- Employment law- Employment at will – can fire them at any time for any reason- Look at all questions, then determine if it is an exception- Implied contract – always have a personnel handbook or employee manual- Workers compensation – injury by an employee in the course and scope of employment- Doesn’t matter if the boss or worker is at fault – no fault