BMGT380 Exam 1 Review Ch 1 Types of law Constitutions set up structure of government prohibit certain government action Statutes laws created by elected representatives Uniform Acts model statutes drafted by private bodies Common Law created by judges as they decide cases not governed by law state level only Case Law Reasoning courts make and apply common law rules Equity accomplishes rough justice when common law rules would produce an unfair result Injunction court order forbidding commanding someone to do something Specific Performance party ordered to perform according to the terms of their contract Reformation court rewrites contract s terms to reflect the parties real intentions Rescission cancellation of contract parties returned to their pre contractual position Administrative Regulations Decisions administrative agencies created by statutes Treaties made by President w foreign gov ts must be approved by 2 3 senate Supreme Law of the Land Ordinances enactments of counties and municipalities Executive Orders enforced by the President state s governor Priority Rules Federal Supremacy federal law state law Constitutions laws Treaty v Federal statute domestic matters later measure prevails Statute Conflicting law that depends on a legislative delegation for validity Statutes Laws derived from statutes Conflicting common law rules Classifications of Law Criminal Law someone commits a crime Civil Law obligations private parties owe each other Substantive Law rights duties of people in society Procedural Law behavior of gov t bodies enforcing rules Public Law relations of gov t and private parties Private Law parties set the duties they owe each other Jurisprudence seeks to provide a general description of law Legal Positivism defines law as the command of a recognized political authority separates law morality Natural Law believes a set of universal moral rules binds humans American Legal Realism defines law as the behavior of public officials focuses on the law in action Sociological Jurisprudence law is a process of social ordering reflecting society s dominant interests values Functions of law 1 Peacekeeping 2 Checking gov t powers promoting personal freedom 3 Planning realization of reasonable expectations 4 Economic growth through free competition 5 Promoting social justice 6 Protecting the environment Legal Reasoning legal rule is major premise facts are minor premise result is a combination of both Case Law Reasoning courts find legal rules in precedents apply them with stare decisis Statutory Interpretation courts must fill in the details on a case by case bases Plain Meaning statute s words have a clear common accepted meaning Legislative Purpose General Public Purpose widely accepted general notions of public policy Prior Interpretations Maxims general rules of thumb Factors that discourage courts judges respect established precedents courts issue written opinions higher court can overrule political factors standing to sue Ch 2 Court Types Courts of limited jurisdiction minor disputes no records Trial courts significant disputes keep records have attorneys Appellate courts state appeals legal questions only Jurisdiction court s power to hear a case must satisfy venue requirements fair convenient forum Subject Matter Jurisdiction decide the type of case In Personam Jurisdiction based on residence location activities of the defendant Minimum contacts substantial activity Long Arm Statute In Rem Jurisdiction based on the presence of property within the state Forum Selection Clause contract stating disputes must be decided in a particular state Federal district court civil jurisdiction Diversity Jurisdiction 1 Case is between citizens of different states diversity of citizenship 2 Amount in controversy exceeds 75 000 Federal Question Jurisdiction case arises under the constitution laws or treaties of the US May have exclusive jurisdiction or concurrent jurisdiction with state courts Appeals from state courts are within Supreme Court s certiorari jurisdiction when 1 Treaty federal statute has been questioned 2 State statute is repugnant to federal law or 3 Title right immunity is claimed under federal law Supreme Court has original jurisdiction acts as trial court exclusive jurisdiction over controversies between states Procedure Summons notifies defendant that they re being sued Pleadings parties file documents w court complaint answer affirmative defense defendant wins even if allegations are true or counterclaim reply Discovery parties request documents from each other Motion to dismiss or motion for summary judgment party must show that 1 there is no legally significant fact and 2 they are entitled to a judgment by law Pretrial conference judge meets informally with both attorneys Jury selection includes voir dire removed for cause or peremptory challenge remove for no cause General verdict by jury or directed verdict provides judgment before jury decides case Judgment not withstanding the verdict party wins judgment even after jury decides against them Class Action 1 people sue on behalf of themselves others who suffered similar harm for small claims Alternative Dispute Resolution ADR resolves disputes quicker lowers costs lessens strain on court system uses specialized decision makers offers potential compromise Settlement Arbitration submit to a neutral non judicial third party binding or non binding Mediation neutral third party helps parties reach a cooperative resolution Summary jury trial non public mock jury trial Minitrial abbreviated informal private trial that promotes settlement Ch 6 Tort civil wrong that is not a breach of contract 4 types Intent desire to cause certain consequences or substantial certainty that consequences will result from the action Recklessness conscious indifference to a known and substantial risk of harm created by action Negligence failure to use reasonable care harm to another party results Strict Liability liability without fault Plaintiff has burden of proof must show a preponderance of evidence Battery intentional and harmful or offensive touching of another without their consent Transferred Intent defendant who intends to injure one person but actually injures another is still liable Touching doesn t require direct contact between defendant and plaintiff Assault intentional attempt or offer to cause a harmful or offensive contact with another person if that attempt offer causes a reasonable apprehension of imminent battery
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