MGMT 200 Midterm 1 NotesChapter 1: Introduction to Law-Source of US law is England-Common Law: out of British legal system model, power to judges to make law (case law)-Law has to form to Constitution (Supreme Law of Land)oAny law that conflicts with Constitution will be null and void-Modern sourcesoConstitution - ruled by law, not by people-Interpreted by Supreme Court --> civil rights casesoCourt leading change - e.g. marijuana lawsoSupreme court - appointed by president-Term for life-Don't care what people want-Do what's right and Constitutional-70 to 80 cases a year-Make lawoStatutes - written downoJudge made law - court cases, everyone has a roleoStare decisis - follow the law-Types of lawoCommon vs. statutoryoFederal (1) vs. state (50)oCivil vs. criminaloPrivate vs. publicoInternational vs. domesticoProcedural (right to remain silent, right to a lawyer) vs. substantive (of substance)Chapter 3: The Court System-State laws deal with pretty much everything-US relies more on courts than any other country-CourtoPlace to settle disputesoPublic facility operated by gov'toIndependent of other branchesoSpecialized-Trial courtoEstablish factsoJudge decides lawoPlaintiff vs. defendant (civil)oProsecutor vs. defendant (criminal)-No common law on federal level-Statutes can't be too broad-Judges specialize temporarily-First appeal matter of right, second needs permission (writ of certiorari)oOne exception: death penalty-Appellate courtoNo testimonyoGets transcript of trial courtoBriefs from both lawyersoOral argument (20 mins)oError in law > error in fact-Burdens of proof on person commencing trial/appealo51% for civil caseoBeyond reasonable doubt for criminal (more)oE.g.. OJ Simpson-Jurisdiction: power over something (choosing right place to sue)oPersonal jurisdiction: power over parties-Two typesIn personam: jurisdiction over the person, give to person in the form of a summonIn rem: jurisdiction over the person's property, sue real estate, bank account, etc.oSubject matter jurisdiction: type of lawsuit, defined by Constitution or statuteso**need both to decide case**oConcurrent jurisdiction: two courts, choose the one they'd winoBoth Supreme court judges hear cases as a group-Diversity of citizenship: can't just rule in favor of fellow "Virginian", doesn't apply today-Trial is an expensive, slow process-Substantive and procedural-Determined by two thingsoFacts (decided by jury)oLaw (decided by judge)-Witnesses to determine facts-Trial starts with summons (notice of suit) and complaint (legal cause of action, why suit)oNotice of appearance: stall tacticoPleadings: filing with court -Criminal case starts with accusation by prosecutor oBasis of claim: indictment (comes from Grand Jury) and information-Defendant responds with answer (admit/deny complaint)oDemurrer - motion to dismissoCounterclaim - claim back against them, suing them backoCross claim - claim against another partyoThird-party complaint: claim against someone who's not in suit-Discovery: gathering of evidence (facts) expensive, time consumingoPromotes settlement-Most cases settle later rather than earlieroAt issue: once case has complaint and answeroSubpoena: pleading for deposition, can be for people or documentsoDeposition: testimony under oath, tie down answers, can be for parties and witnesses-Perpetuate testimony for when someone's not thereoInterrogatory: written questions, answer under oath (more general). Only send to parties, not witnessesoDeuces Tecum: "bring this with you", type of subpoena-Criminal case: not a lot of discovery due to Constitution (5th Amendment)-Motion for summary judgment: decide case without trial-Pretrial conference: judge sets ground rules (no surprises)-Trial jury (petit jury): trier of faceoNo jury in equitable case (Common law)oMost civil cases: no juryoJury more emotional, easier to get swayedoSlower, more expensiveoJudge tells jury what the law isoJudge can overruleoJury nullification: ignore lawoJury selection random (from license)o"jury of your peers": 12 random peopleoVoir dire: questioning perspective jurors-Contempt of court: go to jail for ignoring judge-Burden of proof usually 51% on plaintiff-Preponderance of evidence: a standard of proof that must be met by a plaintiff if they are to win a civil action-Criminal case: beyond a reasonable doubt-Opening statement: roadmap to plaintiff's case-Defendant gives opening statement or saves it-Plaintiff testimony: direct examination, certain types of questions-Defendant testimony: cross-examination, questions suggest answers. More confrontational, other side's witness is your enemy-Motion to dismiss if it's a tie, usually not successful-Closing arguments: last shot at jury, emotional-Jury instructions: judge tells jury what the law is-Verdict-Motion for judgment NOV (not withstanding verdict)/new trial: judge overrule jury-Appeal: no new evidence, amicus curiae (friend of the court)-2nd appeal: writ of certiorari-Enforcement of judgment is up to you -Eyewitness testimony is not always accurateChapter 4: attorney-Client Relationship and Dispute Resolution-Alternative Dispute Resolution (ADR)oMediation: mediator tries to get the two parties to compromise, point out flaws on both sidesoArbitration: usually ex-judges, arbitrator makes decision, private trial. Rules aren't as strict, faster and cheaper than going to court. Witnesses can be present. Rough justice - no discovery. Expect to compromise. Set rules-Adversarial system: openly biased. Judges are the decision maker-Lawyers need to be licensed-Pro se: represent yourself (bad)-Most private lawyers do pro bono work-Ethical rules: not always clear and simple-Attorney-client privilege: confidentialChapter 2: The Constitution-Articles of Confederation: original doctrine document-Constitution (1789)oStill works because it wasn't very specificoPower spread among 3 branches of government (checks and balances)oAmbiguous oArticle I: composition and powers of CongressoArticle II: selection and powers of presidentoArticle III: creation and powers of federal judiciaryoArticle IV: roles of states in federal systemoArticle V: methods of amending constitutionoArticle VI: declaring Constitution the Supreme Law of the LandoArticle VII: method for ratifying Constitution-Commerce ClauseoRegulate commerce among states, international commerceoInterstate commerce then and now: federal powers expanded-Supremacy LawsoConstitution declared itself the supreme law of the land-Federalism oState