Business Law Notes 7 17 12 Motions are the integral parts of appeals Motion for summary judgments are if there is no dispute of fact only law because trials are only to determine facts Appeal bonds Sometimes is an issue Civil Procedure Class action p48 o Serves a particular purpose to bring justice for situations where a lot of people have been defrauded cheated victims or torts or contract actions for small amounts of money o There are usually 1 3 plaintiffs who are representative with a lot of others in a class They must prove their affiliations with this class then also everyone in that class is notified and the case is tested on the merits Arbitration Business to business o Common normally in the agreement o Businesses like arbitration more than trial Business to consumer o Been pushed more recently o Unless you can prove there was fraud in the panel you have to do arbitration Pros cons o Save money and time o Cons pay for the panel but in federal court you already pay for judge in taxes This means no discovery in arbitration which you may want o Arbitration is private good for business to business bad sometimes consumer to business bc maybe you d want to know the outcomes of previous cases loser pays clause Class Discussion on Ch 2 Civil Procedure 1 I think the actions of the judge fall under the provision in the motion for misconduct by the judge Because the plaintiff has the burden of proof if the jury believes the case to be informal and a joke because of the judges inappropriate jokes then the argument of whom causes the trial to occur becomes a joke as well 2 Clause 4 of the long arm statue states that if a tort occurred because of something in a different state then if business and solicitation is also involved personal jurisdiction will be granted Torts Tort Spectrum Intentional torts negligence strict liability crimes Recklessness Not itself a tort but something you prove in a case of a tort What can you win in tort cases Immediate medical expenses lost wages convincatory damages punity of damages with intentional torts normally designed to punish Bed Bug case o Recklessness consumer fraud concealed material fact battery like turning something loose on someone that has harmful or offensive contact Battery Ex throw something at sam don t intend to hit her but do but did intend to Intentional harmful or offensive touching offend so still battery Transferred intent Stoshak case Defenses arguments made by defendant if proven then there s no battery consent to be battered self defense Katco case Court found outrageous that they didn t even want her to pay her own money Assault Apprehension of an imminent battery Intentional affliction of emotional distress to intercede her situation Parsons global Lourcey Howard Stern False Imprisonment Could be less than a few minutes Defamation Humor gets a pass penthouse 2nd law in action o pimp cant defame a group read discussion of publication 186 191 excluding defamation of the constitution basically public figures cant sue for defamation Invasion of Privacy Public exposure f private facts isn t defamation bc defamation is a lie CBC case they would license the name of MLB players and you couldn t use the name unless you paid them What is it worth what kind of damages would you award Compensatory punity If you think tgrowing food at someone is not desireable public social ction then what should be the damage southern case so result may surprise you high sense of dignity in the south pg 200 question 1
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