Business Law Chapters 1-3

Topics: Common law, Jury, Law Pages: 23 (3726 words) Published: February 6, 2013
Civil Court
* Law suit individual vs individual
* Purpose is to ask for damages
* By a preponderance of the evidence (more evidence then other ) 51%

Criminal Court
* State brings law suit against individual
* Purpose to punish, revenge, “rehabilitate”
* Beyond reasonable doubt

Burdon of proof – amount of evidence

Plaintiff- party bringing civil suit
Pro – state bringing chargers against an individual
Cause of action- reason for your law suite
Trial court- fact finding takes place, evidence,
Applet court – review what happened at the trial
Appellant- party who lost the trial and is now appealing “petitioner” Appellee- party who won and must defend the appeal “a respondent” Fundamental error- you have the right to appeal if there is a mistake, only way you can get an appeal Harmless error- you can appeal but you lost

Affidavit- sworn written testimony, under oath
Decision- verdict
Opinion- written
Reporter – books in which each court catalogs their cases Citation- reference code to public opinion
Lexus- online data base for all reporters
Summary judgment
* Difference between issue of law
* There is no dispute
* Judges decides issues of law
* Difference between issue of fact
* Disputable, reasonable minds can differ
* Reason we have a Jury, jury decides

Brief Case Format
* Name of case on top with citation
* No longer than 1 page
* Left hand margin “FACT:” and sum it up
* Issue: (one sentence in a form of a question)
* Decision : (one sentence, how did the court answer this issue) * Reasoning : ( why did they decide the result)
* Opinion :

* Sources of Law
* Secondary
* Explain the law, clarify it
* Restatement – a large book written by experts in a particular filed * Persuasive,
* Law journals –
* Primary - Create the law, rights duties and obligations that civilians and judges are bind by * Constitution
* Federal government
* can’t do a single thing unless the constitution (ART. 1, Sect. 8) * {commerce clause}
* State
* Can pass any law for the benefit of its citizens, aslong as it doesn’t break constitutional law * “police power” 10th Amendment
* Statutory Law- laws enacted by any level of government * Every statutory law is subject to review,
* Judicial Review – Marbury V. Madison
* Courts have final say,
* Statutory Law have priority over judges
* Common Law – judge made law
* Precedent – a model case a court should follow when facing a similar situation * Can become outdated
* Binding Law
* Same court, same issue
* Persuasive Law
* Different court, but same issue
* Binding and persuasive law are known as “Stare decisis” ( to stand on deciding cases) * Court of equity
* To do what is Fair, when money wont satisfy
* Specific Performance- to make someone do something * Injunction- Restraining order
* Declaratory judgement – to make a statement that will become Law *
* Administrative Law- rules and regulations administrated by any federal agency in the state * Same force and effect as any law
* Subject to Judicial Review
* These agencies have there own trial like procedures *
* Uniform Law
* Set of laws in a particular area adopted by states to create a uniform law in the US * Ex. U.C.C uniform commercial code
* Excecutive Order- president could pass a law
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