Notes for Legal Environment of Business 8 31 Laws rules that must be obeyed Anarchy absence of laws Sovereign supreme authority Government makes enforces laws Sanction consequences for breaking a law Categories of Law A Constitution B Court decision B 1 common law B 2 court cases B 3 jurisdiction decision B 4 court president C Statutes law D Administrative regulation AR rule issued by an administrative agency Irs EPA D 1 AR a rule issued by administration agency E Court Rules govern the practice procedure in the courts E 1 CR govern practice procedure in the course Primary authority lows books that help locate the primary authority Secondary authority sources of information that describe or interpret the law such as legal treatises law review articles and other scholarly legal writings cited by lawyers to persuade a court to reach a particular decision in a case but which the court is not obligated to follow Criminal law action brought by the government against who is committed a crime Civil law issues that arrives over private rate Eg break a contract Lease agreement Copyright Civil case law suit brought by one party against another one could be both civil law crime lawsuit and the government also could be involved in civil lawsuit Substantive law the laws creates defines right Procedure law law specifies the methods in enforcing rights Court System 1 federal court 50 state courts 51 court courts systems Cannot give advising opinion A court Cannot do investigations Court president court decision give authority on how decide a later case with similar facts 9 7 9 14 Conflict of laws a court must decide which state laws to apply if the facts disputes occur in more than one state Facts VS Laws Judge determine question of law Jury determine question of fact IF NO JURY THE JUDGE DETERMINE LAW FACT If both lawyers apply for jury trial jury trial appear If either party demand a jury trial Jury trial appear Exception for no Jury trail 1 Neither party wants to jury trial 2 Devoice case 3 Equity case 4 Small claim court 5 Minor mastermind 6 Bankruptcy Court Systems 1 DISTRICT COURT 2 COURT OF APPEALS committed a federal crime 3 SUPREME COURT cycle court of appeals Two reasons MUST go to federal court Parties from different state Dispute is 75 000 or more Violation of federal civil statutes Federal court Discrimination Federal court State court U S Supreme Court 9 judgers 4 out of 9 have to agree Hear from 13 courts of appeals 50 state courts You can submit an appeal but the Supreme Court DO NOT need to take it Writ of certiorari the Supreme Court grant to let you appeal Granting reason from Supreme Court MAJOR IMPACT NATIONALLY WIDE How to become a judge on Supreme Court 1 Senators needs to confirm 2 Nominated by president IN OHIO all judges are elected in U S Judge s job is for life 1 Trial courts 1 1 Common Pleas Court 88 in Ohio 1 1 1 Felony 1 1 2 Civil lawsuit Municipal Court 1 1 3 Domestic relation 1 1 4 Juvenile teenage under 18 divorce child custody 1 1 5 Probate die by will marrage 1 1 2 Municipal Court 1 Misdemeanor 2 Civil lawsuit of 15 000 or less 3 Small claims max 3 000 4 landlord tenant dispute CONCURRENT JURISDICTION overlap civil lawsuit from comment pleas court money involved between 1 501 15 000 Ohio Supreme Court 1 Hear appeals from court of appeals 2 Oversee all lower courses 3 Make court rules 7 judgers in Ohio Supreme Court are elected What do lawyers do 1 Fighting for claim 2 Advising consult 3 Drafting paper 4 Negotiating 5 specialization How lawyers charge 1 2 Hourly rate 3 Flat fee fix fee Litigation alternate dispute resolution Anyone can sue anyone Concept of standing to sue must be personal interest in that dispute Class action person file a lawsuit on behalf of all others who has similar claim Jurisdiction 1 Subject matter jurisdiction Exist if the case is the type which the court is authorized to hear 2 Jurisdiction over the person defendant The power of the court renders the judgment against defendant Long arm Statute State laws that allow courts of that state to claim jurisdiction over people who are none resident provide that they had some contact in the state in conjunction with the suit 9 21 Venue the local area or county in which a court with jurisdiction may hear decide a case Statute of limitation a law that says a maximum amount of time in which a lawsuit must be started it will be suspended or tolled if the plaintiff is a minor under 18 Pleading the formal written statement of the parties of their respective claims defenses 1 Complaint a brief statement of the plaintiff claim a demanded relief Summon a document issued by the clerk court notifying a person a lawsuit as be initiated 2 Answer the defendant response to the complain 3 Counterclaim the claim made by the defendant that sues the plaintiff 3 1 compulsory counterclaim same transaction 3 2 Permissive counterclaim different transaction All pleadings are public records everyone can see it Cooperation De fault Judgment a judgment is as a result of the defendant failure of filing an answer Discover before the trial either party may inquire about all information in the procession of the other party 1 deposition an examination of other party or a witness done under oath by opposing attorney Interrogatory written questions by one party which is asked by another party under oath Summary Judgment a Judgment is granted without a trail when it clearly appears one party is entitled to a Pre trial informal conference between Judges attorneys prior to the trail to discuss the case before trail 2 3 Physical exam 4 Request for admission judgment Jury selection 9 28 Civil Jury trial 1 Voir dire questioning prospective Juries to determine their qualification Challenge for calls a requires to have a jury dismissed because they are biased prejudice Peremptory challenge the right to reject a prospective jury which may exercise for any 2 Opening statements summary of the case presented by the attorneys reason Plaintiff goes first then defendant 3 Presentations of evidence 3 1 preponderance of the evidence jury believe one side slightly more than another side 3 2 Equity case clear convincing 3 3 Bird of evidence beyond a reasonable doubt 3 4 Testimony of evidence data time ect 3 5 Demonstrative evidence the real thing Examination witness 1 Direct examination plaintiff exam your own witness 2 cross examination defendant exam witness 3 Redirect examination plaintiff re exam your own witness 4 Re cross examination
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