BUL 3310 Exam 1 Sources of American Law o Primary Includes US CONSTITUTION o The law as expressed in the US constitution and state constitution where the US constitution is the supreme law of the land and state are supreme within the state borders to the extent that they don t violate the clause of the US constitution STATUTORY LAW o Laws enacted by federal state and local legislatures and governing bodies Uniform laws when adopted by the state become statutory laws in that state REGULATIONS LIKE FDA o Rules orders and decisions of federal state and local govt admin agencies CASE AND COMMON LAW DOCTRINES o Judge made law including interpretation of constitutional provisions of statues enacted by legislatures and of regulations created by administration agencies Books and articles that summarize and clarify primary sources of law o Secondary o Restatements of Law Federal Agencies o Executive agencies US food and drug admin Subject to authority of the president o Independent Regulatory Agencies At the federal level Presidents power less pronounced at the independent agencies State and Local Agencies o Created as a parallel to the federal agencies o Ex Pollution control Equitable Maxims o Propositions or general statements of equitable rules Equity will not suffer a wrong without a remedy Aka relief will be awarded when there is a right to relief and there is no adequate remedy at law Equity regards substance rather than form Aka equity is more concerned with fairness and justice than with legal technicalities Equity aids the vigilant not those who rest on their rights Aka equity will not help those who neglect their rights for an unreasonable period of time Remedies in Equity o Specific Ordering a party to perform an agreement as promised For the party to cease engaging in a specific activity o Injunction o Rescission Cancellation of a contract obligation Stare Decisis aspects o Court should not overturn its own precedents unless there is a compelling reason to do so o Decisions made by a higher court are binding on lower courts Civil Law Criminal Law Cyberlaw o Rights and duties that exist between two people o Also includes tort law o Concerned with wrongs committed against the public as a whole o Emerging body of law that governs transactions conducted via the internet Types of Opinions o Unanimous opinion When all of the judges agree o Majority opinion o Concurring opinion o Dissenting opinion o Plurality opinion o Per curiam opinion Lines the view of the majority of the judges deciding the case A judge that agrees with the majority opinion as to the result but not as to the legal reasoning then sets the reasoning that they considers correct Presents the views of one or more judges who disagree with the majority view This is the opinion that has the support of the largest number of judges but the group in agreement is less than the majority Does not indicate which judge wrote the opinion CHAPTER 2 JUDICIAL REVIEW branches are constitutional JURISDICTION o Branch of govt that is entrusted to decide whether the actions of the other two o Aka the power to speak the law o Before any court can hear a case it must have jurisdiction over it In Personam Personal jurisdiction Jurisdiction over any person or business that resides in a certain area o State supreme court has jurisdiction over all residents In rem within a state Jurisdiction over a thing Jurisdiction over property located within boundaries LONG ARM STATUE o A court can exercise jurisdiction over out of state defendants based on the activities that took place within the state Must have minimum contacts where he resides and has to have sufficient connects with the state in which he wants to have a judge rule DIVERSITY OF CITIZENSHIP o Requirements The plaintiff and defendant must be residents of different states The dollar amount of the controversy must exceed 75 000 VENUE STANDING TO SUE o Is concerned with the most appropriate place for a trial o Must have a sufficient involvement in the matter to justify seeking relief through the court must meet all criteria HARM The party bringing the action must have suffered or will imminently suffer harm Must be real not hypothetical There must be a causal connection between the conduct complained of and the injury CAUSATION REMEDY It must be likely that the court will remedy or make up for the injured suffered APPEALS TO SUPREME o Writ of certiorari o Rule of Four o Adversial System Order by supreme to the lower courts to send up all case info After reviewing 4 9 judges have to want to take case What our courts have adopted and what system we follow o Pro Se DEFINITIONS o Answer Representing yourself Defendants response to a complaint either admits or denies each o Counterclaims o Motion When the defense wants to deny the allegations and set forth his own claim Procedural requests submitted to the court by the attorney on behalf of his client PRETRIAL judgement o Includes motion to dismiss judge on a plead and summary DISMISSAL o Motion to dismiss the case EITHER party can motion but usually the defense does o Discovery Before trial used to gain evidence from opposing side Includes Interrogatories written questions and written answers prepared in return Deposition sworn testimony recorded sworn and signed Request for documents and examinations Request to see electronic relevant information o Motion for summary judge Ask court to grant judgement in that sides favor without a trial o Vior Dire Jury selection process PRETRIAL PROCEDURES o Pleasing o Pretrial motions o Discovery o Pretrial conference o Jury selection TRIAL PROCEDURES o Opening statements o Examination of witnesses o Ending or closing arguments o Jury instruction o Verdict Chapter 3 NEGOTIATION AND MEDIATION o ADR Alternative dispute resolutions Types o Negotiation o Mediation o Arbitration Attempt to settle without a lawyer Neutral third party involved 3rd party makes decision Advantages o FAA Doesn t Does Informal few procedure rules fit the needs of the client brings parties together and freedom to choose mediator Set an arbitration procedure parties must decide on a manner of resolving their dispute Enforce arbitration clauses in maritime activity and interstate commerce HOWEVER the scope of the case will be much more restricted because you chose all of the rules and guidelines of your arbitration o Award Arbitrators decision Can you appeal this Yes Set aside award Only if o Violates established public policy o Bad
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