LEGAL STUDIES 1101 FINALS STUDY GUIDE Professor Hodge T R 8 00 9 20am Chapter 1 Law in Business An Overview Making laws in the United States a Statutory Law Made by the legislature I i Legislature has three 3 branches 1 Congress 2 State 3 City Council b Names of Legislature i Bill A proposed law ii Statue A law passed by congress iii Ordinance A law passed by the City Council c Example Washington vs Glas page 12 i Holding The court ruled Glas to be found not guilty in the case of upskirt voyeurism Why The law states A person commits the crime of voyeurism if for that purpose of arousing or gratifying the sexual desire of any person he or she knowingly view photographs or films another person without that person s consent within reasonable expectations The law is different in PA and if this situation had occurred in PA the defendant would have been found guilty II Common Law Made by court ruling that effects everyone a A judge will decide what is right for the people in this situation b The trial is based on testimony who is telling the truth in this situation c Example Champion vs Dunfee page 10 i Holding In the absence of a special relationship or arrangement to the driver a passenger that is not the owner of the vehicle cannot be held liable III IV The law in the United States is based on precedent also called Stare Decisis Terms Overview a Caption of a Case Identifies the parties of the lawsuit b Plaintiff Person who filed the law suit c Defendant Person being sued d Appellant person filled the lawsuit e Appellee person who won the previous lawsuit and it taking the appeal f Citation A group of numbers that tells you where you can find a case ex a volume of cases online etc g Opinion A decision made from a case made by a judge i Unanimous opinion al judges agree on the decision made ii Majority The law more than half the judges agree iii Concurring A judge agrees with the majority but not for the same reasons iv Dissenting A judge does not agree with the ruling h Actions on appeal i Affirm Determines that the lower court has reached the ii Reverse Determines that the lower court reached the incorrect iii Remanded The higher court sends the case back down to the correct decision decision trial judge i Case of First Impression A case that is the first of its kind and has not precedent j Briefing of a case i Action Why did the person file for a lawsuit ii Facts of the case What happened iii Issue for the court The legal issue the court must decided iv Court holding The decision the court comes to k Status Process If you can figure out who the law favors you can make a prediction about who will win the suit this depends on who the courts want to protect and what goals society has The law often favors certain institutions and ideas rather than individuals ex Protects children government i Hall vs Duster The law favors marriage page 23 ii Three requirements for a common law marriage 1 Parities must have capacity to marry 2 The parties have to agree to enter into marriage 3 The parties must consummate the marriage iii Swalberg vs Hamegan page 27 1 Holding The law favors minors The minor only had to give back what she had left of the car and no more able to get out of a legally binding contract i Holding No social host who serves liquor is liable to another as a result of the intake of the beverages ii Dissent in the case One who dispenses liquor in a negligent manner and causes harm should be liable b Congini vs Portersville Valve Co page 18 i Holding Statue protects minors and the public from serving liquor to underage drinkers A child can then sue an adult who serves them liquor ii Concurring judge The law should be stressed and an emphasis put on the fact that alcohol should not be served to an already intoxicated person iii Dissenting judge The liability should not attach just because you served the person liquor c Currie vs Phillips page 21 V Liquor Liability a Klein vs Raysinger page 17 i Holding A minor does not owe a duty to another minor under social host liability all minors considered incompetent to handle alcohol VI Legal Research a Primary source the law itself written such as a court decision or a statue this can be binding b Secondary Source A writing on the law ex law reviews legal encyclopedias someone s opinion of the law or ruling made Chapter 2 Classifications of Law I Public Law The rights of society usually represented by a government agency a Categories of Public Law i Criminal 1 Crime a violation of duties 2 Treason The most serious offense against a country A person cannot be convicted of treason unless there are two 2 witnesses that testify against the defendant or if the accused confessed their treason in an open court 3 Misdemeanor Assault Criminal trespass harassment usually punishable 1 of jail time 4 Summary Offense Generally a defendant accused of a summary offense must pay a fine or some type ex a traffic ticket 5 Beyond a Reasonable Doubt Can be interpreted as fully satisfied the government has the burden of proving a defendant guilty beyond a reasonable doubt 6 Actus Reus Proving the person on trial actually committed the crime 7 Mens Rea Criminal intent a Gary vs Dormire page 57 ii Constitutional 1 Constitutional Relativity The constitution was purposefully written in broad and vague terms in order to adapt to changes in society demonstrated by the fourth 4th amendment 2 Commerce Clause Allows congress To regulate commerce with foreign nations and among several states and with Indian tribes a Ex Katzenbach vs McClung page 61 3 Joe Roberts Gun Constitutional a Use Gonzales vs Racih to see page 67 b Built gun for himself destroyed mold only iii Administrative shoots blanks 1 Administrative Agency A government body in charge of implementing particular legislation 2 Enabling acts Congressional acts that in turn create administrative agencies 3 Federal Administrative Agencies page 73 a Environmental Protection Agency EPA b Securities and Exchange Commission SEC c Occupational Safety and Health Administration OSHA d Food and Drug Administration FDA e Federal Trade Commission FTC f Federal Communications Commission FCC g Federal Register Daily publication that shows the agencies rules regulations allows agencies to investigate alleged violations of the act 4 Substantial Evidence An appeal will not be granted if substantial evidence proves the decision II Private Law Matters between individuals a Tort a private civil wrong i Negligence Failure to do what