BLAW 3310 Test 1 Study Guide
BLAW 3310 Test 1 Study Guide BLAW 3310 - 001
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This 10 page Study Guide was uploaded by Josh Radcliff on Monday September 14, 2015. The Study Guide belongs to BLAW 3310 - 001 at University of Texas at Arlington taught by Charles Miller in Summer 2015. Since its upload, it has received 912 views. For similar materials see Legal Ethical Business Environment in Business at University of Texas at Arlington.
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Date Created: 09/14/15
Josh Radcliff BLAW 3310001 Legal Ethical Business Environment Instructor Dr Charles Miller Fridav Auoust 28 2015 4 types of Law beginning on page 5 of textbook 0 1 Laws from the constitution a relationship between the government and individuals as well as the government and the states It is the smallest type of law ALL PEOPLE MUST HAVE EQUAL PROTECTION OF THE LAW 2 This is state law laws applicable only for each state individually 3 When agencies and businesses adopt their own personal laws rules regulations etc for themselves that comply with statutory laws 4 Law made by the judges it s the way a judge interprets statutory law Judges de ne the statutes as it relates to the case at hand If a case comes up with the same situation as a case that was previously settled the judge MUST make the same ruling on the case 0 When lawyers make their arguments in court they are trying to prove that their case is similar to a case in the past that has already made the decision they are looking for EXCEPTIONS Only the Supreme Court can change the precedent decisions already made by past court cases 0 Example Pessy v Ferguson 1896 was overturned by Brown v Board of Education 1954 Mondav Auoust 31 2015 Ignore the pages in the book on Ethics P 14 Discusses Civil cour just know that civil law is all about the money it39s a person v person court P 22 Lists a chapter summary and terms to know To win a civil case you must have more evidence that proves your point over the person trying to prove their point Chapter 2 Texas Court System Starting from the bottom and working to the top means quotthe court speaksquot deciding jurisdiction means deciding which court has the power to make the decision on the case at hand 0 ustice of the Peace Court TX short hand quotjPquot O Of cials are elected Ony covers minor civil disputes of under 10000 Also covers evictions they can repossess your car house etc for not making payments Municipal Courts Only deal with code violations and small misdemeanors 0 County Court at Law short hand quotCC at Lawquot Sighty bigger than JP Court handles matters between 10000 and 100000 Also handles appeals cases that come from the JP Courts In other words if the losing party wants to appeal the decision made in the JP Court it goes to the CC at Law 0 Civil District Court Didn t speak much on this only noted it handles the lame civil cases you don39t watch on TV 0 Criminal District Court The fun one that handles cases such as murder and other criminal offenses Appeals from this court go to the Appeals Court which then moves up to the TX Supreme Court if need be 0 Family Court at Law Handles divorces child custody etc So many of these cases that they made a separate court for it o Probate Court Handes battles of someone39s will ya know the thing people write to say who has what when they die All judges in TX are elected therefore they can be voted out if people don39t like them 0 Judges have judicial immunity meaning they cannot be sueduclq Chapter 2 Federal Court System working from bottom to top again pg 26 o District Courts US is divided into geographical areas and assigned a ofjudges based on population of the area Cases must be moved from state courts to federal courts if the plaintiff and defendant are from different states 0 Court of Appeals pg 31 Where you go if you lose in the district court TX is in the 5th circuit court of appeals Can only get into this court if you already have a decision from a different court 0 US Supreme Court pg 32 The Supreme Court picks cases from state or other federal courts to bring into the Supreme Court People who don39t like the decisions made in the district court and court of appeals can then move on to be considered to be taken up by the Supreme Court 0 Side Court Bankruptcy Court Deas only with bankruptcy issues only in the federal court system not the state court system 1 Basically the rules you must abide by while in court 0 Deciding whether or not it is fair for a defendant to be tried in court 0 If you own land in a state you are subject to be tried in that state39s court September 2 2015 o States can reach to defendants who don39t live in the state and bring them in their court under personal jurisdiction 0 Pg 39 Blimka v My Web Wholesaler Blimka an Idaho man made a huge online order from My Web Wholesaler who were based in Maine Blimka was unsatis ed with the product and sued My Web Wholesaler for false advertising in Idaho The long arm statute allowed the Idaho court personal jurisdiction for the case because the act of false advertising occurred in Idaho regardless that My Web Wholesaler is based in Maine 0 Pg 45 Can sue where the incident happened or where the defendant lives 0 Geographicallybased only 0 Motion for Change of Venue An argument that a fair trial can39t be held because of publicity of the crime prior to the trial giving people a biased view of the case 0 Chapter 3 o How to pick a lawyer decide on the following o How do you want to pay the lawyer Standard contingency payment for a lawyer is about 13 or 33 of the winnings of the case 0 The further the case gets the higher percentage the lawyer is paid 0 Provides good incentive for the lawyer to work hard 0 Bad for the person who hired the lawyer because it can add up to a big percentage of the money DailyHourly rate Sign an agreement to pay X amount of money per hour 0 Bad part super expensive rich people have an upper hand lawyers aren39t as motivated since they are getting paid regardless Pg 53 Once you pick a lawyer you le the lawsuit and identify who all the parties are and where the case will be tried AKA who has jurisdiction 0 The basic facts of the case are then laid out each party lays out what they want from the lawsuit 0 Once you le the suit it goes into the country clerk s of ce 0 Then a physical delivery of the lawsuit must be given before it can be of cial quotyou have been servedquot 0 When suing a corporation each corporation has a person designated to receive the service of process 0 Service of process is when the meter starts running and the person has so much time to respond to the suit 0 Pg 54 Once a person receives the service of process they must respond Responding can be as simple as stating that they are the person who is being sued or they could possibly sue with a counter claim 0 How many cases actually go to trial About 510 most cases are settled before trial 0 Pg 56 Obtaining information before the trial 0 Each side has equal discovery rights to obtain information o Defendant must do a deposition in which they orally state what happens and answer questions they are under oath o The plaintiff can be deposed as well The deposition is important because when those people are called to the stand in court they can compare the stories from the deposition to see if they are lying o Witnesses Can volunteer to be deposed or not The lawyer can subpoena a witness and force them to give a deposition 0 Written down question and answers 0 Pg 58 Request for Production of Documents 0 Lawyers can request to get documents about a person that they think will help them win the case Example Lawyers can make clients get examined by doctors for a mental or physical illness if the document of the results will help the case September 4 2015 0 Pg 60 requesting to dismiss a case because of the regulations required to le a case were not followed correctly Example The court can39t hear the case if someone doesn39t le a lawsuit within 2 years so if a lawsuit is led after that it can be dismissed If you don39t get paid within the contract period you can sue someone within a four year period c judgement Case isn39t worth taking to trial because there aren39t many facts about the case so the case is decided quickly by a judge without having to go to trial 0 French for quotto speak the truthquot 0 Judges and lawyers look for people to follow voirdire when choosing a NW 0 Lawyers can strike a person in a panel so they won39t serve on the jury They only get so many strikes 0 Pg 62 When the trial actually begins 0 Starts with opening statements 0 The plaintiff then presents their testimony with witnesses and examinations o The defendant can then cross examine the plaintiff39s witnesses 0 When the jury makes a decision it39s called a verdict Mistrials are when a jury can t reach a unanimous decision 0 Only about money no criminal charges or whatever is the defendant guilty or innocent o If guilty what are the cost of damages Paying just enough money back where the plaintiff would have been nancially before the incident 0 Determine this number with receipts from medical bills pain and suffering costs time lost at work court costs etc Money given to the plaintiff on top of compensatory fees 0 Total amount adds up to whatever jury decides Plaintiff and lawyer wants punitive because that means more money for each of them 0 Doesn39t happen in contract cases because those are strictly about money lost in contracts and that39s always a designated amount from the start Symbolic damages that pay out super small amounts like 1 These only happen more for symbolic reasons super rare 0 Pg 64 Graph 0 When money doesn39t x the problem and the plaintiff must receive something else either in addition to or in place of money 0 Example Someone breaks a rare vase and gets sued for it the plaintiff may want the case to be settled by the defendant getting the plaintiff another vase rather than just receiving money from the defendant September 9 2015 ADR Alternative Dispute Resolutions 0 Appellate Court 9 judges hear the case and the majority opinion prevails Each judge has to explain why they voted the way they did o Pg 69 Instead of having to pay a ne in a civil case when found guilty garnishment means that the loss can be cut from the defendants pay role check over a period of time If the guilty party doesn39t pay the court can seize your property and sell it 0 What39s wrong with this civil system It favors the plaintiff and the wealthy It takes too long about 12 to 15 months to get a case after ling suit There39s no bar to prevent people from ling law suits even if they39re just silly causes There39s no risk to sue for those who don39t have anything 0 Pg 71 Solves disputes between 2 parties where you don39t go to court and sue You just pick an arbitrator to hear both sides and make a choice Good for construction companies and things that don39t have time to wait for court lnternationa contracts are good for arbitration because people don39t all have to come together in one place for court Pg 75 Arbitration and cotton contracts exhibit 34 o When a third party neutral comes in and tries to make peace by leading the defendant and plaintiff to an agreement 0 Exactly as it sounds people just negotiate a settlement 0 Pg 76 has a good summary of everything Chapter 4 Constitution and 1St 10 Amendments Bill of Rights 0 Powers are separated between federal and state 0 Example Bankruptcy and defense are powers given to the central government Central government has power to pass laws involving commercetrade among other nations and between states 0 The central government can intervene if it is necessary and proper for the best bene t of the nation Prevents racial discrimination Pg 81 Katzenbach v McClung BBQ joint in Alabama gets sued for violating the civil rights act by not serving black people case went to the Supreme Cou o McClung argued that it isn39t a deal of interstate commerce since his customers already lived in the state of Alabama so the federal government shouldn39t be allowed to intervene o The Supreme Court ruled that it is discrimination and it has an in uence on interstate commerce because this restaurant was on a major road and a person from another state may not travel on that road because they know that this restaurant discriminates 0 Overall this case just shows how the federal government can use the commerce clause and necessary and proper clause to intervene Same day as the BBQ case above the Heart of Atlanta hotel won39t let black people rent rooms o Court rules that it con icts with interstate commerce because it is affecting out of state travelers therefore since it involves interstate commerce Congress can regulate it September 11 2015 0 Test 1 Chapters 15 on Friday September 18 0 Pg 81 Federal laws are supreme and take priority over state laws 0 Term the federal uses to regulate state laws 0 How broad has interstate commerce become 0 The federal government has penalized people for growing excess wheat on their farm because it39s going over the set quota even though they39re feeding the extra to their own animals 0 Pg 84 Examples when state laws don39t agree with the federal laws and the fed used their power from the commerce clause 0 Arizona train case Arizona laws required trains coming into the state to break apart into smaller numbers of train cars for safety federal government intervened and wouldn39t allow it o The state of Alabama charges other states more to come into Alabama and dump chemical waste than it does charge people from within the state to dump hazardous waste federal government intervened and wouldn39t allow it 0 Oklahoma passed a law saying minnows could not be sold outside of the state federal government said that was not allowed because it affected interstate commerce 0 Pg 87 Congress has power to tax peoples income 0 Pg 90 Businesses and free speech 0 Bank of Boston case Bank regulated the amount of funds people can raise for running for position of of ce question became can political donations be regulated or is it a violation of free speech Answer is that you cannot regulate donations Commercial Speech 0 What are you allowed to advertise on TV and such Pg 85 It can be regulated if it is false advertising 0 Pg 96 Right to Bear Arms lt39s open carry in the state of Texas now Dr Miller is worried about that o The state can use private land for public use 0 As long as it ful lls the just compensation clause The owners of the private property need to be paid justly for the value of the land that the state is seizing 0 Pg 99 Read the case on eminent domain 0 This was important to put in the constitution by the founders because it means you can be judged by your peers not just the government which is what they faced all the time while they were under British rule 0 Pg 102 A layout of the procedures and rules for holding a trial This is to make sure everyone is tried in the same fair way 0 Pg 103 Made to prevent discrimination and says that the same laws apply to all types of people 0 Pg 106 Good summary of Chapter 4 0 Preview of Chapter 5 only chapter that focuses on criminal cases not civil cases 0 Misdemeanor is a small crime 0 Felony is a major crime and people get lots of prison time o The standard to be convicted of a felony beyond reasonable doubt September 14 2015 0 Check the key terms on Blackboard Read post on Blackboard about Corner Street Bakery 0 Pg 113 quotMens reaquot Latin term meaning the penalty is more severe when there is intent to actually commit crimes it wasn39t an accident 0 Rights that the arresting of cer is supposed to tell you when arresting you 0 Pg 98 5th Amendment The state has to prove you are guilty beyond a reasonable doubt and you do not have to prove it meaning you don39t have to testify against yourself 0 Criminal lawyers don39t want their defendant on the stand to testify and be cross examined because lots of people can mess up and make yourself look guilty 0 Pg 115 Different Methods of Defense in a criminal case 0 The most common defense where were you on the night of the crime 0 You only have so long to be convicted of a crime and if you aren39t convicted within that time limit you can39t be charged 0 The person was acting out in selfdefense because they acted out in fear for their life their life was in danger o The law authority tried to in uence someone to commit a crime when there otherwise would not have been any attempt to commit that crime 0 You can test to be medically insane and unstable meaning you are unaware what your actions actually were so what is the standard for insane You don39t understand the nature of your act example baby head in the lemon squeezer 4th Amendment people are protected from unreasonable search and seizure judge has to sign a search warrant if there is probable cause if things are seized unreasonably that evidence cannot be used at court as evidence 0 Pg 117 When a person is justly arrested and goes to court 0 First step is pleading guilty or not guilty 0 The person is then meaning a grand jury decides if the case is severe enough to charge the defendant and take to trial 0 Bottom of pg 117 goes over selfincrimination Pg 118 The Trial 0 State puts on its case rst 0 The defendant can then cross examine o The defendant puts on their case 0 The state can cross examine 0 Closing arguments OJ Simpson is arrested on criminal charges for killing his wife and he is found innocent o BUT her family charges Simpson civil charges to get paid for punitive damages and compensation for dealing with the loss of a loved one Simpson is found guilty and charged 20mil using the same evidence that found him innocent in the criminal case 0 Can39t be charged and prosecuted for the same crime a second time o Crimes committed by richer business people usually by scamming money off of their own business or other clients etc Not usually violent Blue collar crimes are typically the violent crimes 0 Most white collar crimes seem to not get as much attention and are treated as not as severe as a murder or crime of that natureMiller doesn39t think it should be like this 0 Pg 120 White collar crime caseread up on it o diverting funds to yourself instead of the company Prevent this via so people can verify each other s actions Companies can have insurance policies to protect them against embezzlement o Collin Street Bakery Corsicana TX CFO embezzles 15mil from a restaurant that sells fruit cakes got detected when neighbors noticed he was living a very extravagant life for a man who was only supposed to be on 50000 salary Pg 120 prevents companies from colluding with one another 0 when companies work together to cheat the free market and collectively price together so they all pro t more September 16 2015 0 Pg 122 Different Types of Financial Fraud 0 Got put into place because during the Civil War a company made and sold guns to the government that had saw dust in them instead of gun powder Act says you can39t sell fake products or sell something and lie about what it is o Getting information that isn39t available to the public so you have an advantage to buy or sell stock before the effect hits the stock market therefore undermining peoples con dence in the validity of the stock market 0 Purposely having someone do something to your stuff so you can le a claim to your insurance company to get money 0 Pg 128 Getting income illegally then wire transferring the money through a bunch of different places to make it look legitimate could also be coming to an agreement with a business often a restaurant to hide the cash in that business to make the money look legitimate The ma a is a good example of people who often money launder 0 Pg 122 Sending out mail or email to people claiming to be a legitimate person who needs money for something a lie or who claims to invest your money then heshe doesn39t ever return your money or do what heshe says with the money quotNigerian Princequot 0 Racketeer In uenced and Corrupt Organization Act Let s the government prosecute a wide range of actions in order to bring down all sorts of people af liated with an illegal organization also used a lot on the ma a to bring down all the different members 0 When an individual takes money from people and either invests it in fake stocks or doesn39t invest it at all and just keeps all of the money this also undermines the con dence people have in the stock market 0 Pg 131 These were made to give judges guidelines for how long to sentence someone when they commit a crime 0 This keeps judges from giving an unfair punishment to a person based on some sort of bias or dislike for that person 0 Pg 133amp134 has a good summary and some key terms 0 STUDY HIS OWN KEY TERMS ON BLACKBOARD
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