B LAW 201 1st Edition Exam 1 Study Guide Lectures 1 4 Lecture 1 August 22 I Introduction to Law and Legal Reasoning 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 Administrative Law Law which consists of the rules orders and decisions of administrative agencies A federal state or local government agency established to perform a specific function Enabling Statute A statute that sets up an agency and gives authority to create and enforce laws to that agency b Common Law A body of law developed from custom or judicial decisions not attributable to a legislature o Remedies at Law Land Items of Value Money o Remedies In Equity Specific Performance Injunction Recession c Classifications of Law II Civil Law The branch of law dealing with the definition and enforcement of all private and public rights as opposed to criminal matters Criminal Law The branch of law that defines and governs actions that constitute crimes Citation the publication in which a legal authority such as a statute or a court decision or other source can be found Courts and Alternative Dispute Resolution a Jurisdiction 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 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 o Subject Matter Limits the courts jurisdictional authority to particular types of cases Limited Jurisdiction Exists when a court is limited to a specific subject matter such as probate or divorce General Jurisdiction Exists when a court can hear cases involving a broad array of issues b Alternative Dispute Resolution The resolution of disputes in ways other than those involved in the traditional judicial process Negotiation Mediation Arbitration Lecture 2 August 27 I How a Court Case Works 1 Consulting with an Attorney Seek the guidance of a qualified attorney 2 The Pleadings The Complaint and Answer taken together is known as the pleadings The Pleadings inform each party of the other s claims and specifies the issues disputing questions involved in the case 3 Motions in Court Motion to Dismiss Motion to Strike Motion to Make More Definite and Certain Motion for Judgment on the Pleadings Motion to Compel Discovery Motion for Summary Judgment 4 Key Terms Complaint A statement alleging 1 the facts showing that the court has subjectmatter and personal jurisdiction 2 the facts establishing the plaintiff s basis for relief and 3 the remedy the plaintiff is seeking Service of Process The formal notification of the defendant in a lawsuit Summons A notice requiring the defendant to appear in court and answer the complaint Default Judgment When a judge awards the damages alleged because of the lack of response from the defendant Discovery This can include gaining access to witnesses documents records and other types of evidence Deposition A sworn testimony by a party to the lawsuit or by any witness recorded by an authorized court official Interrogatories Written questions and answers under oath Requests for Admissions Admission is considered a fact for trial Electronic Discovery E Evidence FRCP deals specifically with the preservation retrieval and production of electronic data Lecture 3 August 29 I How a Court Case Works Cont The Trial a Opening Statements b Rules of Evidence o o Direct Examination Asking questions to your witness Cross Examination Asking questions to the other side s witness After the Trial after a loss c Can Appeal i Must appeal to the appellate courts in a timely fashion ii Both sides have to write a written brief for the appellate court iii Judges can decide on a case based on the briefs given II Constitutional Law a Clauses o o o o Privileges and Immunities Clause This clause prevents a state from imposing unreasonable burdens on citizens of another state particularly with regard to means of livelihood or doing business Full Faith and Credit Clause This clause ensures that rights established under deeds wills contracts and similar instruments in one state will be honored by other states Commerce Clause This clause provides the basis for the national government s extensive regulation of state and even local affairs Positive Law A law where something is trying to be regulated or required Negative Law A law where something is supposed to be prevented Supremacy Clause In areas where there is a possible conflict between State and Federal law Federal law is supreme overruling over the State law b Amendments Bill of Rights 1 Freedom of Assembly Speech Religion Press 2 Right to Bear Arms Created to protect oneself from government intrusion 4 Prohibition to Search and Seizure Police can t conduct a search without Probable Cause must have evidence not a hunch 5 Right against double jeopardy Can t be charged for the same crime Right to remain silent only extends to individuals 6 Right to an Attorney Must evoke the right by refusing to answer questions and demanding to speak to an attorney 7 Right to a Speedy and Public Trial Trial must be shorter than 120 days 9 Rights not in the Bill of Rights are not the ONLY rights out there these rights are just clearly defined 10 Powers not given to the Federal Government unless it s prohibited is granted to the States 14 Equal Rights under the Law cannot treat women different than men Lecture 4 September 3 I Business Ethics Terms Business Ethics The study of what constitutes right or wrong behavior in the business world Morals Of pertaining to or concerned with the principles or rules of right conduct or the distinction between right and wrong Social Responsibility The idea that those who run corporations can and should act ethically and be accountable to society for their actions Corporate Sustainability This refers to the capacity to endure Moral Minimum Compliance with the law Profit Maximization The idea that asks which ethical decision would maximize profit in a company or business Stakeholder Theory A theory of organizational management and business ethics that addresses morals and values in managing an organization Ethical Leadership People within an organization looking towards leadership to model their behavior within the