This study source was downloaded by 100000845762540 from CourseHero com on 09 06 2022 11 10 59 GMT 05 00 https www coursehero com file 38013383 BUS 260 Study Guide Exam 1docx Exam 1BUS 260 STUDY GUIDE The Socratic Method Answering a question with another question until one party comes to the answer Legal Traditions Federalism Common Law Based on ALL prior court cases interpretations of laws statutes oracts Unwritten law No one is in charge ofcoordinating cases fromdifferent courts Private Law Ex Code of Ethics Law of a State 1 Constitution first place to look to in order to solve a dispute 2 Legislative acts ex Look toward acts that made medicinal marijuana legal 3 Cases look to prior cases in other states 4 Sister states 5 Common law nations Stem from the United Kingdom Stare Decisis Process followed by the courts Judges will look to older cases in a chain of similar cases to figure outa ruling on newer cases Application of precedent Common law system leads to Predictability Consistency fairness Stability Classifications of legal subjects Public vs PrivatePublicPrivatePrivate LawCommon LawState ActsCongress ActsState ConstitutionFederal Constitution This study source was downloaded by 100000845762540 from CourseHero com on 09 06 2022 11 10 59 GMT 05 00 https www coursehero com file 38013383 BUS 260 Study Guide Exam 1docx Examples include Constitutional law Administrative law Criminal law Antitrust law Labor lawUses process of stare decisisExamples include Contract law Property law Torts lawRequires mutual ascent the words in the contract mean the same thing Civil vs Criminal Substance vs Procedure Law vs Equity Litigation Process Pleadings frame the case in a dispute between two parties Once defined no one party can bring up arguments outside of the frame to prevent surprise Complaint plaintiff Name parties State place time give the facts State facts in separate counts Plea for relief Summons Summoning the defendant to court Given a copy of the complaint Must answer each count by count formatted the same way Admit Deny Confess Avoid Demurrer dismiss rare Insufficient knowledge Answer defendant Counterclaim defendant Looks similar to a complaint but is filed by the defendant Reply plaintiff Looks similar to the Answer but is filed by the plaintiff Rule Every problem needs to be stated in the complaint and the counterclaim otherwise it may not be brought up in court Torts Law Breach of duty to others Negligent Tort Elements of negligence all 4 must be present Duty of due careoPeer test were you exercising the same level of care as your peers Breach of duty2 This study source was downloaded by 100000845762540 from CourseHero com on 09 06 2022 11 10 59 GMT 05 00 https www coursehero com file 38013383 BUS 260 Study Guide Exam 1docx oPlaintiff must prove that there was a breach of duty oExpert witnesses textbook test Proximate cause of damageoMust find cause of incident Provable damage injury Defenses to negligence Contributory negligenceoPlaintiff too is at fault for part of the incident Last clear chance oSee which party would ve had the last clear chance to avoid the incident without changing the facts Intentional Tort Punitive damages Penalty placed on intentional torts However much the plaintiff can convince the jury to force the defendant to pay Examples of Objective Manifestation of Intent Battery Assault Trespass Emotional distress Theft False imprisonmentoRestricting the movement of another person without consent Corporate torts ethical issues Strict Liability Tort Ultra hazardous cases Liable no matter what Assumption of the Risk Release of liability Plaintiff must ve understood the risk Criminal Law Procedure Criminal complaint Facts of what happened to the victim Victim Complaining witness Warrant summons Name Offense Bail Judge Arrest Complaint warrant summons rights Miranda Rights 3 This study source was downloaded by 100000845762540 from CourseHero com on 09 06 2022 11 10 59 GMT 05 00 https www coursehero com file 38013383 BUS 260 Study Guide Exam 1docx o5th 6th Constitutional Amendments Right to remain silent and right to an attorney Indictment Information An Information requires the DA to give the judge ALL of the information evidence Grand jury Decide whether the prosecution should go forward or not NOT the same as the trial jury Indictment Grand jury decides to prosecute Equittle Grand jury decides not to prosecute Plea Guilty Not guilty Not guilty by reason of insanity Nolo contendere no contest oIf a case is being tried inboth criminal and civil courts thepleas guilty not guilty could leadto more repercussions on thecivil side Discovery Each side can discover what evidence the other side has Plea Bargain Defendant withdraws original plea accepts guilty plea for another lesser crime Negotiations between defense prosecution Controversial Jury Trial Voir dire jury selection process Each juror is questioned by judge with prosecution and defense 14 jurors are eventually decided onomust be unbiased and open minded Opening statements Evidence Closing arguments Verdict Crimes Most crimes require intent Misdemeanors Any crime where the maximum punishment is time in jail Felonies Any crime where the maximum punishment is time in prison Felony Murder Rule 4Four types of pleasCan be changed afterdefendant knowswhat evidence theprosecution hasagainst themDepends state bystate This study source was downloaded by 100000845762540 from CourseHero com on 09 06 2022 11 10 59 GMT 05 00 https www coursehero com file 38013383 BUS 260 Study Guide Exam 1docx Anytime you are committing a felony and a person dies you are charged with murder even if the murder was unintended Contract Law Contracts are voluntary agreements on the duties of each party Will always try to complete the transaction to keep commerce flowing Formation of a valid contract Agreement Offer Acceptance Consideration Each side has to give the other side something new something they didn t have before Legal capacity Legal purposeUnilateralBilateral A promise for an act No hierarchy Promise for a promise Useful for things in the future Implied in fact contract The only way to fill in missing terms of a contract is to look at all of the facts and imply the meaning of the missing terms Implied in law Quasi contract Court imposes a price on the two parties that is decided based on themarket price missing term Verbal contracts Must also have all 4 components to be valid Sometimes lack proof Statute of Frauds Tells you which