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. PrivatePublic PrivatePrivate LawCommon LawState ActsCongress ActsState ConstitutionFederal ConstitutionThis study source was downloaded by 100000845762540 from CourseHero.com on 09-06-2022 11:10:59 GMT -05:00https://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 careo Peer test  were you exercising the same level of care as your peers?- Breach of duty2This study source was downloaded by 100000845762540 from CourseHero.com on 09-06-2022 11:10:59 GMT -05:00https://www.coursehero.com/file/38013383/BUS-260-Study-Guide-Exam-1docx/o Plaintiff must prove that there was a breach of duty o Expert witnesses & textbook test- Proximate cause of damageo Must find cause of incident - Provable damage/injury Defenses to negligence:- Contributory negligenceo Plaintiff too is at fault for part of the incident- Last clear chance:o See 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 imprisonmento Restricting 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:3This study source was downloaded by 100000845762540 from CourseHero.com on 09-06-2022 11:10:59 GMT -05:00https://www.coursehero.com/file/38013383/BUS-260-Study-Guide-Exam-1docx/o 5th & 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)o If 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 ono must 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 bystateThis study source was downloaded by 100000845762540 from CourseHero.com on 09-06-2022 11:10:59 GMT -05:00https://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 purposeUnilateral Bilateral- 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