Business Law

STUDY
PLAY
Common Law
-a system of jurisprudence based on judicial precedents rather than statutory laws
-all of the court case decisions
Law of a State
1. Constitution
2. Legislative Acts
3. Cases-- try and find similar facts of the case in other
cases and if cant find it in own state than look to "sister states"
4. if still cant find it look to other countries who practice common law.
Stare Decisis
when the court is trying to decide on the case they look back and try and find a previous case that has similar facts (the process of applying precedent)
-if it has similar facts than it has precedent and the courts will try to decide the same way
Statute
an act passed by a legislative body
Chain of cases
1 decision 2 decision becomes a chain of cases to base decisions off of
Common Law (Public Law)
-an entire system
-unwritten law
-dont always use stare decisis b/c of predictability

-Constitutional law, administrative law, etc
Private Law
-always follow stare decisis
-contract law, property law, torts law
-uses stare decisis for stability among commerce and business
Plessy v. Ferguson and Brown v. Board
Public Law; PvF= its okay to segregate students by race as long as equal but seperate
BvB= schools should be integrated (ignored stare decisis)
Supreme Court Personnel
-once a justice gets on the SC its for life to avoid politics
-executive branch (president) nominates and then the legislative branch must confirm
Sandra Day O'Connor
-once considered most powerful justice because she was the "swing vote"
-first to ever resign from the SC due to terminal illness of her husband
Judicial Restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
Judicial Activist
dont feel the need to base decision based off of the language but will base it on society and how society wants the decision to go
Pendulum of Justice
decisions for periods of times swing between activist and restraint
-is why the chain of cases is not straight
Litigation Process
Pleadings: Complaint (filed by plaintiff), Summons, Answer (defendent), Counterclaim (defendent), Reply (plaintiff)
Complaint
1. Name parties (who are you? who are you suing?)
2. state place and time
3. State facts in seperate counts
4. Plea for relief
Seperate counts
break into peices and list numberically so its easier to refer to
-unlimited number of counts in a complaint
Plea for Relief
plaintiff tells what they are suing for (money, compensation, restraining order etc)
Answer to complaint
Either; 1. admit 2. deny 3. confess and avoid ( no liability and dont owe anything) 4. demurrer 5. insufficient knowledge 6. ethical issus
Demurrer
Dismiss or objection
-typically not granted (should be removed)
Toritous
(Latin) twisted behavior can lead to liability
Crime
breached a duty to society
victim-complaining witness
govt- the prosecuter or plaintiff b/c it is a crime against society
Tort
-acting in a twisted manor
-damage or injury to others or other's belongings
-typically not offending all of society
Negligent Tort
most types of torts committed and are so prevalent we refer to them as "accidents"
Intentional Tort
injury to person or damage was done on purpose (crime)
Strict Liability Tort
you will pay no matter what even if not necessarily intentional ex: throwing bottle in the air coming down hitting girl head and causing permanent brain damage

Ultra Hazardous Activity- construction, illegal pets
Attractive Nuissances- ultra hazardous activities that people are attracted to ex: trampolines
Elements of Negligence
4 elements must prove all or you get nothing
1. Duty of due care
2. Breach of Duty
3. Proximate cause of damage
4. Provable Damage
Duty of Due Care
excercising a degree of skill and care that all others stand by (DR.s standards)
Breach of Duty
why didnt you do it right??
Proximate Cause of Damage
direct result of the breach of duty, have to decide where its ones fault and where the chain cuts off ex: car accident exchange info then goes down to wash hands in lake and is electricuted
Provable Damage
have to have proof of damage to sue and not just for the principle
Contributory Negligence
both parties are negligent
Last Clear Chance
when both sides are negligent, whoever had the last clear and present chance to avoid the problem but didn't is negligent
Punitive
purpose is to punish and in intentional
-sometimes its not always about the money its to send a message to others so they dont make the same mistake
Subjective intent
did you commit the crime? answer usually no
Objective intent
jury decides if they meant to do it
Assault
putting another person in apprehension or harm
Battery
Touching someone without consent (doesnt reqire injury)
Intent
Subjective intent, Objective Intent, Assault, Battery, Trespass, Emotional Distress, Theft, False Imprisonment, Corporate Torts Ethical Issues
Products Liability
strict liability cases where manufacturers pay but in turn consumers pay in the end
5th Ammendment
right to remain silent
6th Ammendment
right to an attorney
Burden of Proof
the jury must be beyond a reasonable doubt that the defendant committed the crime and if theres any doubt they should vote not guilty
"Hot Potato"
controversial prosecuters dont want to be part of the decision and selects a grand jury to decide if the prosecuter should be allowed to proceed
Indictment
grand jury decides the prosecuter should be allowed to continue
Acquital
Grand jury says dont go forward
Not Guilty by reason of insanity
insane people cannot have intent
Nolo Contendere or No Contest
not saying im guilty, and im not saying im not just accepting the consequences
Discovery
each side tells the other side everything they know to prevent surprise
Voire Dire
process of selecting a jury ;12 jury members and two alternates
Litigation
-evidence
-could be presented the same day as the jury selected
Criminal Trial Process
1. Voire Dire 2. Opening Statements 3. Evidence 4. Closing Evidence (tell them what you;re going to tell them, tell them, tell them what you told them) 5. Verdict
Unilateral
promise for an act
Bilateral
promise for a promise
Revoked
can take away offer as long as it hasn't already been accepted
Rejection
Can either flat out reject or offer a counteroffer
Illegality
offer was legal when made but now is illegal and offer ceases when the law changes
Reasonable Time
offer only lives for a reasonable time and then ceases to exist (especially with parishable items)
Duress
direct threat
Coercion
Indirect threat (threatening a family member)
Undue Influence
Person tries to take advantage of trust
Illusory Promise / Grautitous Promise
an agreement is not a contract, so when someone someone believes they've entered a contract they can get "snookered"
Legal Value
change in the legal position of a party as a result of a contract
Implied-In-Fact Contract
left facts out, tried to imply facts
ex: waving newspaper at vendor implies you will pay later
Implied-in-Law (Quasi Contract)
when people have faulty contracts so we force contract on them by law
Peppercorn Theory
cant get in the middle, only the parties can decide the transactions
Contracts
-can be avoided unless for a necessity