B_LAW 201 – 1st EditionExam # 1 Study Guide Lectures: 1 - 4Lecture 1 (August 22)I. Introduction to Law and Legal Reasoninga. 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, Moneyo Remedies In Equity Specific Performance, Injunction, Recessionc. 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.- 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.II. Courts and Alternative Dispute Resolutiona. 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 thepower 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, ArbitrationLecture 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 Judgment4. Key Terms:-Complaint: A statement alleging (1) the facts showing that the court has subject-matter 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 typesof evidence.-Deposition: A sworn testimony by a party to the lawsuit or by any witness, recordedby 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 Evidenceo Direct Examination: Asking questions to your witness.o 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 Lawa. Clauseso 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.o 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.o 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.o 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 ProbableCause (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