Business Law study guide

Wade: right of privacy that gives women the right o choose whether to have abortion. * Privacy and Technology – Sources of Law * Constitution Law: A body of principles that establishes the structure of a government and the relationship of that government to people who are governed. In each state: the state constitution and the federal Constitution. * Statutory Law: includes legislative act. Both Congress and the state legislatures enact statutory law. All cities, counties and other governmental subdivisions have some power to adopt ordinances within their sphere of operations. Administrative Regulations: rules promulgated by state and federal administrative agencies. The regulations have the force of statutes. * Private Law: consists of the rules and regulations parties agree to as part of their contractual relationships. *Case Law, Statutory Interpretation and Precedent: Case law clarifies the meaning of statutes or provides statutory interpretation. When a court decides a new question or problem, its decision becomes a precedent, which stands as the law in future cases that involve that particular problem (stare decides: using precedents).

Common law: developing a body of law that is not statutory but addresses long standing issues. * Treaties and Executive Orders: treaties made by US and proclamation and executive orders of the president of US or of other public officials. * Uniform State Laws: facilitate the national nature of business and transaction. – Substantive Law vs.. Procedural Law * Substantive Law: creates, defines, and regulates rights and liabilities. * Procedural Law: specifies the steps that must be followed in enforcing those rights and liabilities. – Criminal Law vs.. Civil Law * Criminal Law: wrongs against society.

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Penalties: fines and imprisonment. * Civil Law: the rights of one person against another. Penalties: in addition to taking care of our wrong to injured party. – Law vs.. Equity * Equity: a body of law that provides Justice when the law does not offer an adequate remedy or the application of the law would be terribly unfair. A party may ask for both legal and equitable remedies in a single court. Chapter 2 – Court is a tribunal established by government to hear evidence, decide cases Drought Deter It, Ana prove remedies when a wrong NAS Eden commit EAI – lopes of Courts * Jurisdiction: authority of courts to hear cases.

Subject matter: Original Jurisdiction: authority to hear the original proceedings General Jurisdiction: road authority to hear general civil and criminal cases Limited or special jurisdiction: authority to hear only particular kinds of cases Appellate Jurisdiction: reviews the work of a lower court (appeal) – Federal Court System * Federal District Courts (94): general trial courts of the federal system (original jurisdiction). Criminal cases: the defendant is charged with violation of federal law.

Civil cases: civil suits in which the US is a party; cases between citizens of different sates that involve damages of $75,000 or more; cases that arises under the Constitution or federal laws and treaties. US Courts of Appeals: 12 Judicial circuits and one Federal Circuit. Each 12 circuit has an appellate court. En banc: decision made by the circuit’s full panel of Judges. * US Supreme Court: Original Jurisdiction. Writ of certiorari: preliminary review of those cases appealed to decide whether a case will be heard or allowed to stand as ruled on by lower courts.

The only court expressly created in US Constitution. – State Court System * General Trial Courts: General and original Jurisdiction (superior courts, circuit courts or county courts). * Specialty Courts: Limited Jurisdiction. E. G. : Juvenile courts * City, Municipal, and Justice Courts: Handle civil matters in which the claim made in the suit is an amount below a certain level or handle misdemeanors types of offenses. * Small Claims Courts: Limited Jurisdiction where parties with small amounts in dispute may come to have a third party.

Parties are not permitted to be represented by counsel. Informal and inexpensive. * State Appellate Courts: Intermediate-level courts similar to the federal courts of appeal. *State Supreme Courts: Highest court in most states. Appellate Jurisdiction and original Jurisdiction. Also have screening process for cases. They are required to hear some cases such as the defendant has received death penalty. – Participants in the Court System * Plaintiff: party that initiates the proceedings in a court of original Jurisdiction. * Prosecutor: plaintiff in criminal cases. Defendant: the party against whom the civil or criminal proceedings are brought. * Judge: primary officer of the court * Attorney-Client Privilege: lawyers cannot disclose what their clients tell them unless the client is committing or plans to commit a crime. – Initial steps in a Lawsuit (original Jurisdiction) Commencement of a Lawsuit: begins with the filing of a complaint, containing a description of the wrongful conduct and request for damages. * Service of Process: Plaintiff has the responsibility of notifying the defendant that the lawsuit has been filed.

The defendant must be served with process: writ, notice or summons. * The Defendant’s Response and the Pleadings: The defendant is required to respond or answer the complaint within the time provided under the court’s rules. Defendant could make a motion to dismiss (demurrer), respond and deny the allegations, counterclaim In ten answer. Discovery: requires can sloe to name Its potential dinettes and to provide each side a chance to question those witnesses in advance of the trial. Each party has the opportunity to examine, inspect.

Deposition: the testimony of a witness taken under oath outside the courtroom. Written interrogatories and written requests for production of documents are discovery requests that can be time consuming to the answering party. * Motion for Summary Judgment: If a case has no material facts in dispute, either party can file a motion for summary Judgment. * Designation of Expert Witnesses: witness who has some special expertise. Avoid Junk science. – The Trial Selecting a Jury: Jury Selection: over dire examination.

Lawyers could remove Jurors who know parties or who indicate they have already formed opinions about guilt or innocence. Peremptory challenge: challenge that is used to remove a Juror for any reason except on racial backgrounds. * Opening Statement: makes a puzzle frame for the case so Jurors can follow the witnesses and place the pieces of the case. * The Presentation of Evidence * Motion for a Directed Verdict: the party had not presented enough evidence to show that there is some right of recovery under the law. * Closing Arguments or Summation: closing arguments.

Attorneys summarize the cases and urge the Jury to reach a particular verdict. * Motion for Mistrial: a mistrial requires a do-over, a new jury. Can be declared for Jury or attorney misconduct. * Jury Instructions and Verdict: the court gives the Jurors instructions on the appropriate law to apply to the facts presented. The Jury then deliberates and renders its verdict. – Arbitration: arbitrators hear evidence and determine a resolution. Chapter 3 – Codified law: created by government. Used as the standard for ethical behavior. Natural Law imposes higher standards of behavior than those required by positive awe and they must be followed even if those higher standards run contrary to codified law. – Civil Disobedience is the remedy natural law proponents use to change positive law. – Cant’s categorical imperative theory: you cannot use others in a way that gives you a one-side benefit. You not only have to be fair but also have to want to do it for all the right reasons. – Theory of Justice (social contact): developed by John Locke and John Rails.

Believe that Kant was wrong in assuming that we could all have a meeting of the minds on what were good rules for society. They preferred Just outing the rules into place with a social contract. – Right theory (Entitlement theory): developed by Robert Nonionic. Everyone has a set of rights and it is up to the governments to protect those rights. – Ethical egoism: we all act in our own self- interest and that all of us should limit our Judgment to our own ethical egos and not interfere with the exercise of ethical egoism by others. Everything is determined by self-interest. Stakeholder: Businesses have different constituencies. – Stakeholder analysis: the impact of a decision on various groups and then asks whether public disclosure of that decision is defensible. Integrity: the adherence to one’s values an principles despite the costs and consequences. Chanter 4 – The Branches of Government: Tripartite * Legislative Branch (Congress): make laws. Bicameral body – The Senate (6 yr) and the House of Representative (2 yr) * Executive Branch (President 4 yr): execute and enforce the laws * Judicial Branch (courts): interpret the laws.

Max fine for corporation is $100 million. A natural person is one million or imprisoned for 10 years. Chapter 6 – Ameliorative agency: ten government Day changer Walt malingerers Ana implementing legislation. – Federal administrative agencies are created to carry out general policies specified by Congress. Administrative agencies differ from the legislative branch in that who head up and operate are ordinarily appointed by president. – However, governmental agencies combine legislative, executive, and judicial powers.

These agencies make the rules, conduct inspections to see that the rules have been or are being obeyed, and determine whether there have been violations of their rules. Open Operation of Administrative Agencies *Open Records: Freedom of Information Act provides that information contained in records of federal administrative agencies is available to citizens on paper request except the invasion of privacy of others. The purpose is to subject agency action to public scrutiny. * Open Meeting: Open Meeting Law requires most meetings of major administrative agencies to be open to the public.

Sunshine act: The purpose is to enable the public to know what actions agencies are taking and to prevent administrative misconduct by having open meetings and public scrutiny. * Public announcement of agency guidelines: To inform the public of the way administrative agencies operate, the PAP, with certain exceptions, requires that agency publish the rules, principles and procedures it follows. – An agency may adopt regulations within the scope of its authority. It cannot act beyond the scope of the authority in the statute that created it or assigned a responsibility to it.