Business Law Exam 1 07 01 2013 The supreme law of the land article 6 the supremacy clause Stare Decisis Let stand the decision Corner stone of common law tradition Levels of law making and power of each in order U S Constitution U S Statutes U S Administrative Rules Regulations State Constitutions Supreme within state borders State Statutes State Administrative Rules Regulations State Ordinances Private Law Civil vs Criminal Law Civil Law Spells out rights and duties and relief available for injury to private parties o Usually the remedy is monetary damages Criminal Law Injury to the society as a whole o Remedy is usually prison and or fines National vs International Law National Law Law that pertains to a particular nation o Most nations have either a common law or civil law system o Can be enforced by government authorities International Law A body of written and unwritten laws observed by independent nations and governing the acts of individuals as well as governments o Sources of international law National laws Customs Treaties Common Law System International organizations and conferences Generally those countries that were once colonies of Great Britain retained their English common law heritage after they achieved their independence The doctrine of stare decisis is the cornerstone of the common law tradition Civil Law System A legal system stemming from Roman code law in which the primary source of law is a statutory code an ordered grouping of legal principles enacted into law by a legislature or governing body Precedents are not binding in a civil law system because they do not follow the doctrine of stare decisis U C C Laws for tangible movable objects Uniform across the U S Uniform Commercial Code Federal Courts vs State Courts Federal Courts are made up of o Trail courts U S tax court U S bankruptcy court U S court of federal claims etc o Appellate courts U S circuit court of appeals o Supreme courts State Courts are made up of o Trial courts Divorce court probate court traffic court small claims court etc o Appellate courts o Supreme courts Judicial Review Pleadings Case Marbury vs Madison Through the process of judicial review determining the constitutionality of laws the judicial branch acts as a check on the executive and legislative branches of government Complaint filed by the plaintiff with the court to initiate the lawsuit served with a summons on the defendant Answer admits or denies allegations made by the plaintiff may assert a counterclaim or an affirmative defense Default the failure of the defendant to file an answer that allows the court to enter a judgment for the plaintiff Motion to Dismiss request to dismiss the case for stated reasons such as the plaintiff s failure to state a claim for which relief can be granted Jurisdiction Before a court can hear a case it must have jurisdiction over the person s against whom the suit is brought or the property involved in the suit as well as jurisdiction over the subject matter Venue has to do with the most appropriate location for a trial which is usually the geographical area in which the event leading to the dispute took place or where the parties reside Standing to sue A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system Basic Judicial Requirements o The controversy at issue must also be a justifiable controversy one that is real and substantial as opposed to hypothetical or academic Discovery The process of gathering evidence concerning the case Depositions sworn testimony by a party or a witness Interrogatories written questions by one party towards the other made with assistance from the attorneys Requests for production admissions documents medical exams Pretrial Conference Either party or the court can request a pretrial conference to identify the matters in dispute after discovery has taken place or to plan the course of the trial Voir Dire to say what is true The jury selection process that consists of questions directed to prospective jurors to assess potential bias For cause vs Preemptory strike For cause example a potential juror says he could not impose the death penalty on a capital murder trial Preemptory example the potential juror is dressed in a way that isn t professional A potential juror cannot be slashed because of gender or race The judge decides the law while the jury decides the facts Ethical Code of Conduct The law is the minimum requirements to run your company your ethics is above the law Res Judicata has been adjudicated Judge hears arguments and rules Procedural Law Most often this type is the product of the legislative branch aimed at determining how lawsuits are handled in the courts These laws include matters such as the rules of evidence and related issues Law that regulates and controls the rights and duties of all persons Substantive Law in society Used to decide disputes Jurisprudence The study of the philosophy of law Common Schools of jurisprudence o Natural Law o Positive Law o Legal Realism o Sociological Jurisdiction The power to hear a case General Jurisdiction type of case Limited Jurisdiction o courts in every state that have the power to hear almost any o Courts that can only hear certain types of cases May be limited to where the parties live the subject matter or the dollar amount which the controversy is over How to get into a federal court The matter must involve both diversity of citizenship and jurisdictional amount 75 000 Or must be a federal question Writ of Certiorari The legal document used within the discretion of a reviewing court to decide whether to hear a case thereby agreeing to review a lower courts decision Legal Remedies At law o monetary damages o Plaintiff and Defendant Equitable o Decree or injunction Example divorce restraining order etc o Petitioner and Respondant Jail or fines Appellant vs Appellee Appellant The party appealing Appellee The party who won in trial court Summons Summary Judgment a document issued by the court directing the defendant to appear in court or otherwise respond to the plaintiffs allegations If a summons is not answered within the time period given they are responsible for those allegations brought by the plaintiff If a litigant asks the trial judge to decide the case based on the pleadings plus supporting materials a motion for summary judgment is involved a procedure created to avoid trials when the facts are not
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