MGMT 200 Final Review 12 10 2015 Midterm 1 Introduction to Law What is Law o Body of rules of conduct prescribed by controlling authority and have binding legal force Stare Decisis o Stand by decided cases Sources of Law o Legislative Statutes Codes Ordinances Treaties o Executive Treaties Administrative Agencies Veto Statutes o People Initiatives Dicta Nonbinding opinion of a judge Not relevant to case Classifications of Law o Civil Preponderance of evidence o Criminal always government Beyond reasonable doubt o BURDEN OF PROOF ALWAYS ON PLAINTIFF REGARDLESS OF CIVIL OR CRIMINAL Law and Ethics o Kohlberg Dilemma Ethics Utilitarian Duty Based Attorney Client Relationship Adversarial System vs Inquisitorial System o Adversarial Used in the US Parties are legal actors Judge just watches o Inquisitorial Judge has a more active role Fiduciary Relationship o Have to do what is the best interest of your client Pro se Pro bono Public Defender o Pro se Yourself o Pro bono For public good o Public Defender How lawyers are paid o Contingency fee Takes percentage of total taking American Bar Association o Unreasonable fees o Cannot steal funds o Cannot improperly solicit information o Cannot neglect client case o Cannot misuse client funds Washington Rules of Professional Conduct The person who fights for people that cannot afford o Attorney Client Privilege READ RPC s Constitution Bill of Rights Amendment 14 and Amendment 16 o Equal protection due process on state level Supremacy Clause Commerce Clause o Constitutional statutes that the states must follow o Regulates interstate commerce Instrumentality Channel Activities that have substantial affect Persons or things in interstate commerce Necessary and Proper Clause o Congress has power to make all laws necessary and proper Preemption Doctrine o States can pass laws that work in conjunction with federal laws o Stricter standards than federal laws Imitation not allowed o Alaska tree case o Cannot imitate federal rule that regulates interstate commerce Dormant commerce clause o In absence of federal rule States can regulate interstate commerce Cannot burden interstate commerce Taxing power o 16th Amendment o congress has power to tax o States cannot pose taxes on foreign imports Or anything on federal level o UDITPA in state Percentage of corporation nationwide property located Percentage of corporation nationwide sales made to Percentage of corporation nationwide payroll paid to residents to the state residents of that state 14th Amendment o Due Process Equal Protection o 14th amendment applies to states 5th amendment applies to federal government o Levels of scrutiny Rational level lowest Special lab doctor case Substantially related to an important government Intermediate scrutiny interest Strict scrutiny If it is narrowly tailored to an important government interest Protected classes etc Homosexuality in Law o The 3 cases of homosexuality cases 1st Amendment o freedom of speech o different types of speech commercial speech obscene speech threatening speech o freedom of press o freedom of association o freedom of assembly 4th Amendment o unreasonable search and seizure o what evidence can be used or not 5th Amendment o due process o equal protection federal level o right against self incrimination corporations do not have right against self incrimination o Eminent domain o Regulatory takings property Government pays me to take property Government uses regulation to take substantially all Building a building that s like 40 stories and regulation says that your building cannot be above 10 stories NOT LEGAL Just compensation requirement Must pay just compensation Trial courts appellate courts Supreme court parallel State and Court Systems Federal systems Jurisdiction o Subject Matter Jurisdiction o Jurisdiction over Persons and Property o Venue o Concurrent Jurisdiction o WRIT OF C Document and action of deciding to hear a case from lower court Steps of a Civil Lawsuit o Pre trial o Discovery Get as much information o Motion for summary judgment o Trial Burden of Proof o Civil By preponderance of evidence 51 percent to 49 percent Law vs Equity o Law is damages Monetary o Equity Getting you to do something Such as injunctions Alternative Dispute Resolution Why choose ADR Types of ADR o Negotiation o Mediation o Arbitration o Mini trial o Early neutral evaluation o Private judging o MORE Process of ADR Business Organizations Risk Management o Look at slides Piercing the Corporate Veil o Corporation engages in fraud and whatnot o 3 pronged test defendants have complete TOTAL control over the business defendants use that control to commit fraud or wrongful act fraud or wrongful act through the TOTAL CONTROL causes loss or injury Sole Proprietorship Partnership o Duty of Partners o Fiduciary Duty of Loyalty to partners ahead of own iterest Limited Partnership o One general partner o Multiple limited partners With limited liability o Corporation o Subject to double taxation C Corp S Corp o Corporation o Differences in the IRS taxing Limited Liability Company o Members Franchises Termination and Winding Up o Voluntary or involuntary Administrative Law What is Administrative Law Fourth Face of the Law Examples of Administrative Agencies o IRS o SEC o FTC Agency Process vs Substantive Law Judge Jury and Executioner Administration Procedure Act Regulations and Rulemaking Process Agency Enforcement Midterm 2 Intellectual Property Collection of intangible property rights o Patents o Trademarks o Copyrights o Trade secrets Why is IP important Trade Dress IP Relevant Contracts Contracts o NDA o Non Complete o IP purchasing or licensing Parties Exclusivity Territory Term and termination Infringement is just improper use Basically enforceable promises o Rights and duties o Alternatives o Valid Competent parties etc NOT o A contract because it is in writing can be oral or be on napkin o A gurantee that the acts will be performed Contract Laws o State Common Law o UCC Uniform Commercial Code When does this apply Monetary Damages o Compensatory Damages Contracted for something didn t get it o Consequential Damages Special form of damages Sawmill Case Goes beyond the benefit of the bargain Extra damages because they failed to perform Indirect Damages o Nominal Damages Very small damage o Liquidated Damages Pre negotiated damage If you breach you pay me this much Specific Performance o Money is inadequate Requisites of a Valid Contract o Competent parties