B LAW 210 1st Edition Lecture 1 Outline of Current Lecture I Introduction to Law and Legal Reasoning a Sources Of American Law i Statutory Law ii Administrative Law b Common Law i Remedies In Equity c Classifications of Law II Courts and Alternative Dispute Resolution a Jurisdiction i Exclusive Vs Concurrent b Alternative Dispute Resolution Current Lecture I Introduction to Law and Legal Reasoning One of the important functions of law in any society is to provide stability predictability and continuity so that people can know how to order their affairs o Predictability is important in business o Instability hard for business Sole Proprietor o Assets are not insured These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute o Must have insurance over your risks Corporation o Characterized by limited liability of its owners o Many legal rights as an entity separate from its owners a Sources of American Law Statutory Law The body of law enacted by legislative bodies as opposed to constitutional law administrative law or case law o Also known as a statute in the business Administrative Law Law which consists of the rules orders and decisions of administrative agencies Administrative Agency A federal state or local government agency established to perform a specific function o Administration agencies create and make laws and rules Example Federal Trade Commission the US Food and Drug Administration o These laws and rules are also known as codes these rules almost always directly apply to businesses o Administration law judges rule based on these codes Enabling Statute A statute that sets up an agency and gives authority to create and enforce laws to that agency o Legal issues WILL come from these codes Case Law The doctrines and principles announced in cases body of judge made law b Common Law Common Law A body of law developed from custom or judicial decisions not attributable to a legislature Remedies at Law 1 Land 2 Items of Value 3 Money o Today the remedy at law normally takes the form of monetary damages an amount given to a party whose legal interests have been injured Remedies in Equity Equitable remedies o Specific Performance Ordering a party to perform an agreement as promised o Injunction Ordering a party to cease engaging in a specific activity or to undo some wrong or injury o Rescission The cancellation of a contractual obligation Defendant The party being sued Plaintiff The suing party Appellant The party appealing the case Appellee The party against whom the appeal is taken Stare Decisis Latin Phrase Let the decision stand o When an opinion is binding to other judges in jurisdiction Legal Realism Impossible for judge not to take into account their biases or personal political views when deciding on a case o Law is human enterprise judges take into account social and economic realities when deciding cases c Classifications of Law Civil Law The branch of law dealing with the definition and enforcement of all private and public rights as opposed to criminal matters o Private groups vs Private groups Criminal Law The branch of law that defines and governs actions that constitute crimes o Usually criminal law has to do with wrongful actions committed against society as a whole for which society demands compensation Citation the publication in which a legal authority such as a statute or a court decision or other source can be found II Courts and Alternative Dispute Resolution a Jurisdiction The power to speak the law In Personam Jurisdiction Court jurisdiction over the person involved in a legal action personal jurisdiction In Rem Jurisdiction Court jurisdiction over a defendant s property Concurrent Jurisdiction Jurisdiction exists when two different courts have the power to hear case o Some cases can be heard in either a federal or a state court Exclusive Jurisdiction Jurisdiction that exists on a case can be heard only in a particular court or type of court such as a federal court or a state court Subject Matter Limits the courts jurisdictional authority to particular types of cases 1 Limited Jurisdiction Exists when a court is limited to a specific subject matter such as probate or divorce 2 General Jurisdiction Exists when a court can hear cases involving a broad array of issues Venue The most appropriate location for a trial o The particular location cases are heard specific courthouse Standing to Sue To have a sufficient stake in a matter to justify seeking relief through the court system Question of fact o Deals with what really happened in regards to the dispute being tried o Example whether a party actually burned a flag or not Question of law o Deals with the application or interpretation of the law o Example whether flag burning is a form of speech protected by the First Amendment in the U S Constitution Only a judge not a jury can rule on questions of law Writ of Certiorari A writ from a higher court asking the lower court for the record of a case b Alternative Dispute Resolution The resolution of disputes in ways other than those involved in the traditional judicial process 1 Negotiation A process in which the parties attempt to settle their dispute informally with or without attorneys to represent them The attorneys are advocates they are obligated to put their clients interest first 2 Mediation A neutral third party acts as a mediator and works with both sides in the dispute to facilitate resolution The mediator talks with the parties separately while also emphasizing points of agreement and helping the parties to evaluate their options Mediator proposal The parties do not have to accept the decision resolving the matter Mediation is less adversarial in nature than litigation 3 Arbitration An arbitrator third party here s the dispute and imposes a resolution on the parties Binding after the decision has been made parties must follow through on the agreement case has no chance for trial Non binding the parties can go forward with a lawsuit if they do not agree with the arbitrator s decision