11 15 2011 Business Law 9 1 2011 Issue Rule of Law Application Conclusion Go to Library Research port West law campus Court of appeals is the highest court in Maryland Head notes give a summary of the case If you go down further in the decision it tells you the verdict of the case Opinion of the court one judge writes opinion of verdict o Other judges can affirm or concur o Concur agree with verdict but not reason why o Affirm agree with trial certiorari courts can t hear every case but when they grant a case Dram shop act bar owners can be liable for patrons drunken it is called certiorai mistakes Landham act protection of intellectual property o Patents trademarks Workman s comp exclusive remedy TRO temporary restraining order o Equitable action What ends up in the court system Settlements wills leases Lidigation Transactional Felder v Butler Summary Madeline Cecelia Hawkins became intoxicated at a tavern and proceeded to drive a car She veered into oncoming traffic and created a collision with the plaintiffs in the case causing them severe bodily damage The plaintiffs filed suit against the defendant tavern owners citing them responsibility for Hawkins intoxication and eventual traffic accident Defendants demurred to plaintiff declaration relying on State v Hatfield supra proximate cause of collision not unlawful sale of liquor but Hawkins negligence to drink it Circuit Court sustained demurrer plaintiffs appealed to court of special Court of Special Appeals granted certiorari on own motion to decision by appeals intermediate appellate court on appeal Demurrer was sustained without leave to amend affirmed judgment State v Hatfield Supra common law rule that innocent third party did not have cause of action against vendor of alcoholic beverages Civil liability independent of statue and a departure from common law Issue 1 Hatfield v State still apply under principals of stare decisis 2 Tavern owner liable for acts of intoxicated patrons Rule of Law 1 Stare decisis 2 Tavern owner not liable Trial correctly applied Hatfield Application Conclusion To not liable Chapter 1 Nature of the Law In addition to a state constitution Maryland also added a set of common law Constitution is highest law US const trumps all else Federal Supremacy o State subservient to federal government Treaties enacted between nations Statutes laws that are enacted by the legislative branch o Sometimes states can allow statutes more punitive than fed ordinances address lesser types of subject matters o more local ex pg county judicial branch enacts common law o also known as case law o enacted by the appellate courts of the state Maryland has court of special appeals and then by right of cerstiary can go to court of appeals Federal court trial court then court of appeals then 4th circuit more conservative and then finally to supreme court through cert Equity cases things with no monetary value relief o Divorce o Injunctive relief immediately 1 TRO temporary restraining order stop this only one party is there not two sides fighting preliminary injunction lasts until case is over 2 Specific Performance asking to specifically perform trustee will do it if other does not 3 Reformation asking the court to reform the contract 4 Rescission set aside contract because of one sides contract fraud 5 Receivership someone appointed to monitor land holding while foreclosure proceedings are done Law cases for monetary relief o Suit of law a right to a jury trial Civil case in Maryland 6 jurors Criminal case in Maryland 12 jurors Common Law Involves the use of precedents o Once a court has decided something later courts will use same ruling Ex sample of Stare Decisis let the law stand Under Executive Branch you have administrative agaencies Have rule making authority Decision making authority CFR Code of Federal Regulation COMAR Respondeat Superior master is responsible for servant Statute of Limitation when you can sue for wrongful action after action Differs from state to state Statute of Fraud certain contracts have to be in writing to be enforced Criminal Law Someone has does something in an offense to the state State v Defendant or use delta sign Civil Law Two different parties are in disagreement Pie vs delta Substantive Law vs Procedural Law Substantive law written law such as statutes that define rights and duties Procedural law comprises the rules by which court determines what happens in civil court proceedings Public Law vs Private Law Seeking to enforce public rights One citizen seeking to enforce their private rights Resolution of Private disputes Takes place in court Or in Alternative Dispute Resolution Two sets of courts o State Courts Trial Courts Circuit Courts Jury trials Bench Trials Trying the case to a judge Appeals from District court go to Circuit Court Appeals from CC go to Appellate Court No new evidence in an Appellate Then a court to Special Appeals If still unsatisfied can appeal to Writ of Certiari If granted court of Appeals will here case o 9 judge panel at this court takes a year and a half on circuit court appellate takes another year appeals takes another year District Court Hears cases 30 000 and less No jury Always trying case to a judge Specialized Court Probate matters handled by orphans court Tax court in Maryland o Federal courts Trial court of general jurisdiction District court Appeals go to court of appeals o Appeals go to Supreme Court Can only get there through Certrari o En Banc entire panel of judges Fourth circuit hears appeals from Maryland Virginia West Virginia o More conservative Specialized courts Tax courts Court of claims Courts cases against the USA Federal Jurisdiction Diversity Jurisdiction Established to stop prejudice between different municipalities Geographic diversity Federal questioning Case that arises under the US constitution Or arises under a Federal Statute Can remove case from State court to Federal court Supreme court Jurisdiction 1 As an appellate court by way of Certiari 2 Hears cases under original jurisdiction of disputes between states o appoint a master to rep state Two types of Jurisidiction o In personam jurisdiction of a person o In Rem jurisdiction over land Tort is a civil wrong other than a breach of contract o File a complaint Writ of Summons o Defendant can file motion to dismiss answer Answer deny or accept complaint Motion for sanctions forcing others to answer At beginning of trial you ask Voir Dire to potential jurors Judgment Non
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