Ch.6 Notes BSL485
Popular in Preventative Law
Popular in Business Law
This 6 page Bundle was uploaded by Zohar Peleg on Thursday March 5, 2015. The Bundle belongs to BSL485 at The American University of Rome taught by Dr. Segal in Spring2015. Since its upload, it has received 53 views. For similar materials see Preventative Law in Business Law at The American University of Rome.
Reviews for Ch.6 Notes
You're awesome! I'll be using your notes all semester :D
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 03/05/15
Quiz 6 Ch6 The Legal System amp Part of Torts 03052015 purpose of laws 0 to provide a framework on what we can and cannot do 0 ex sham lawsuit and counterclaim to it landmark case 0 a case that changes society 0 ex Roe v Wade pro choice Brown v Board of Education school integration Miranda v Arizona Miranda rights for suspects OJ Simpson sources of law 0 precedents 0 local laws To Sue or not to Sue Advantages a win money build business relations 0 Disadvantages expensive cant recover attorney s fees unless stated in K stressful time consuming no guarantee win Legal remedies 0 Monetary remedies 0 Actual damages Compensatory damages Consequential damages I Like loss of wages o Punitive damages Conduct like is malicious amp extreme o Liquidated damages Damages agreed in advance Valid enforceable so long as they are reasonable in amount in relation to actual damages Ex credit of X 0 Nonmonetary remedies o Antistalking laws Remedy injunction 0 Speci c performance Requires D to perform his obligation Contract tort on bad faith 0 You must suggest to insurance company to have claim settled within policy limits Standard of care Breach of duty P suffers damage Where to sue Jurisdiction over subject matter 0 State vs federal 0 State 0 Federal Requirements a Amount being sued for has to exceed 75000 a Diversity of citizenship Such as different states a Venue rules 0 Proper venue is where the defendant lives OR where the dispute occurs 0 Removal rule 0 Defendant can demand removal to a different court or different state 0 Voluntary dismissal 0 When plaintiff will sue in the wrong venue on purpose 0 Ex Jack sues Jill in Miami state court for 80000 Within rst 20 days she les a motion to remove case from state to federal court and demands change of venue from Miami to NY Jack re les case to Orlando for 75000 amount has to EXCEED Jurisdiction over the person 0 Whether papers were properly served o If they were not defendant can le a motion to dismiss E Jury trial 0 Jury evaluate facts and witnesses Steps 0 File complaint Plaintiff chooses to sue state or federal court Decide venue 0 Service of process Summons is issued Papers are served to defendant 0 Defendant les answer pleadings 0 Discovery When parties nd out everything about the case Deposition occurs here Parties have duty to discuss settlement Judges will decide 0 Jury members 0 Elect one person to be representative 0 Discuss case and make a decision 0 Whose liable and how much 0 Accused person has 10 days to pay 0 Right to appeal 0 Civil case each party has right to appeal 0 File an appeal within 30 days after decision is rendered 0 Appeal bond Win appeal cost is bond premium Lose appeal pay what you owe Lawyers free initial consultation equity participation conUngencyfees the barter system 0 goods for services deal ring lawyers Cases Chipollo Case 0 Tabaco company a Win court bc have right to sue Tabaco company John Lennon 0 0 0 0 0 Police found drugs in Lennon s apt Pleads guilty to possession of pot Lennon applied to immigrant visa amp then Green card Was not deported amp given permanent residence status Ex of how laws change throughout time Angel v Ligget Group 0 0 0 Class action suit to sue tobacco company Compensatory damages in 100 mill Punitive damages 100 bill State farm v Campbell 0 O Punitive damages should not exceed 9 times actual damages Lankmark case FenderBender O O O O 2 different insurances for harry and sally Sally injured Harry There was no good faith effort to settle Judgment was entered for 500 against policy holder who then sued his own insurance company in breach of duty to settle within his policy limits Disney World 0 O O O 0 Jack drives to Orlando and so does Jill Jill rear ends jack on l95 N Jack sues Jill for accident injuries Jack sues Jill in Miami Federal Court for 80000 so diversity amp amount Proper venue defendant resides in NY or where the cause occurred in Orlando but he sues in Miami Improper venue
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'