Business Law Chapter 1 Day 1 Notes Laws based on individual s freedom Constitution of the United States Constitution branches out power 4 Branches Legislative Judicial Executive and Administrative Judicial Review Laws evaluated through court system Stare decisis precedent promotes uniformity Early settlers called it common law Main players in the legal system 1 Lawyers passed Bar Exam 3 day exam 2 Judges Magistrates Help out judges Judges Criminal and civil Magistrates Civil Plaintiff Initiates lawsuit Defendant Party that is defending the lawsuit Jury Makes decisions guilty or not guilty Litigants are government Civil Law Monetary Property Rights 2 Areas Contracts Torts Contract Agreement Torts personal injury Civil Cases Due Process Documents not as extensive in evidence compared to criminal cases Fundamental process for our legal system and how it is commonly fair Written in a way of personal intelligence so that anyone can understand the material If the law is too vague than it is not acceptable to due process Procedural Due Process Anytime government makes a decision about you or rights you have the right to know about it Very least you must be told in a reasonable notice Either by the police or U S postal service Told when it takes place Prepare yourself Subpoena You have the right to ask for the order Day 2 Notes Two types of laws Civil and Criminal Most cases the majority of cases consist of civil cases Plaintiff is the government Civil Cases Perspective Property Party seeking money Business Law Chapter 2 Ethics Notes Formulism Obligations to treat an individual the way you would like to be treated Concepts Good Faith Treating someone in the business setting appropriately Due Care Conduct with one another Don t cause personal harm Confidentiality Don t share private information with people Conflict of Interest Divided Loyalties February 9th Exam Few Questions about Ethics Chapter 3 Court System Notes 2 Levels of Courts 1 Trial Courts Determine what the facts are and apply facts to law 2 Appellate Courts After the trial has been completed it basically reviews the trial courts Judicial Review What happened in trial courts Sharing of power in our court system Federal Court System State Court System Trial Courts Ohio 1 Probate Court Handles matters such as family deaths wills and adoptions 2 Juvenile Court Less than the age of 18 Jurisdiction against children 3 Domestic Relations Handles Divorces and dividing up of assets 4 Municipal Court Civil cases less than 15 000 in value Small Claims Court Claims that are small Less than 3 000 in value Criminal Matters 1 Felonies Crimes that are in 1 or more years in jail 2 Misdemeanors Any crime that is less than 1 year in jail Grand jury system Bond of citizens that come together Inditement Document that the defendant committed a felony Counties 5 Common Pleas Court Felony cases jury set inditements for Murder Robbery Amount over 15 000 filed in this court Clearly Erroneous To impact the decision of switching the ruling 6 Ohio Supreme Court Handles cases that were already tried that the person doesn t like the ruling You have to request this in order for the case to be tried death penalty cases 30 days to appeal case laws equally Subsdue process Laws equally understood Procedural Due Process Whenever the government is involved whether police the individual has the right to own evidence questions Supreme Court hears cases that they want to hear 1 United States District Courts Felonies in Federal System Civil matters political cases 2 Federal Bankruptcy Courts Firm becoming Bankrupt 3 Federal Tax issues 4 Court of Claims Lawsuits against government If you hypothetically got ran over by a United States Postal Service Truck this is the court that would hear the trial 1 federal question cases 2 things have to be shown 1 Basic Federal Right has to be shown 2 Amount 75 000 or more 2 Diversity of Citizenship cases 1 Diversity of citizenship Lived in different states 2 Specific statue passed by Congress Jurisdiction Court has power by law to do something Subject Matter Jurisdiction Laws in place must have power over jurial matters null No effect subject matter jurisdiction Recap Trial Courts personal matter jurisdiction Something must have happened in a geographic region Civil trial Criminal trial litigation system Lawyer Has obligations to be honest lawyer gets paid a set amount Lawyer can charge anywhere from 100 an hour Litigation process Is what court the lawyer wants to go to Jurisdiction Power to litigate that action Subject Matter Jurisdiction Court has to have the power to litigate that case personal jurisdiction over the parties the court has too venue The court might entertain a request not to hear the case if not a convenient location Clerk of courts Legal Documents Complaint Information shows that the court has jurisdiction Facts that happened Relief or Remedy plaintiff is requesting Summons Issued to let the defendant know that he isn t being sued by the plaintiff Procedural Due Process Anytime anybody is being sued you have the right to be told about it Certified Mail Sign a Green Card Unclaimed Then mails to the defendant publication 28 days to respond Answer Clerk of courts The defendant is required to answer the required questions 1 Lawyer represents a big group of people Cross Claim A defendant makes a claim against another defendant during a claim Standing The person seeking judicial relief has to have a personal matter moot The case was real but not now Something has changed it Limiting judicial Trials political question Our court system doesn t like to get involved in politics resjudicata Let the judgment rest Prevents from legal bullying and a wealthy individual to take advantage of an individual based on the amount of money he or she has collateral estopel Once there has been a lawsuit a party can refile the same suit Statute of limitations A certain time period the plaintiff has in filing a lawsuit legal process judges are immune sovereign immunity The government can t be sued If a judge or other government official has bad faith then they can be sued esculpatory clause Something will be damaged not liable Summary judgment A court makes a decision without a trial Misperception 1 Tool interrogatory Written questions are given to the other side 2 nd way deposition The witness is put under oath and questions are asked By asking questions the lawyer can get a lot of info about the candidate Business Law Day 4 Notes