Popular in Business Law 341
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This 9 page Study Guide was uploaded by Alexis Orr on Monday November 10, 2014. The Study Guide belongs to BLAW341 at Pennsylvania State University taught by Dr. Greaves in Fall. Since its upload, it has received 375 views. For similar materials see Business Law 341 in Business at Pennsylvania State University.
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Date Created: 11/10/14
BLAW Exam 1 Study Guide Law Law is a set of enforceable rules that regulates the conduct of individuals business and organizations in society Keeps the peace Maintains stability Creates expectations and allows change Resolves conflicts Protects properties and institutions Uquot39gtS quot Sources of Law 1 F Constitution 2 F Treaties importexport tariffs 3 F Federal statutes law a Decisions interpreting those laws 4 S State Constitutions 5 S State Statutes a Decisions interpreting 6 S Local ordinances city council borough noise control bar closing times 7 F and S Admin regulations rules orders etc a Local building codes federal state or local 8 Common Law a Normative rules for communities to make everything uniform i Water rules Case Law All of the rules of law announced byjudicial decisions Rule of law is judge39s interpretation of various sources of the law Stare Decisis Following precedent of other cases 1 Establishes precedent 2 Promotes efficiency 3 Maintains stability and predictability of the law 4 Fair Civil Law Governs duties and obligations between individuals individuals and govt o Money damages medical malpractice injunctive relief Criminal Law Regulates the conduct of individuals and the impact that the behavior has on the general public o Society vs individual Enron BP Trial and appellate courts Constitutional Authority 2 Major Functions 1 Created 3 branches of govt and allocated powers to brances a Legislative b Executive c Judicial 2 Protects individual rights by limiting govts ability to restrict those rights Federalism Form of govt where sovereign power is shared between federal govt and 50 states Enumerated Powers o Federal govt deals with national and international affairs Supremacy Clause Federal is the supreme law of the land Congress may provide that a federal statute exclusively regulates a specific area or activity o State is rendered invalid o Concurrent shared by federal and state they determine which law prevails Commerce Clause Congress regulates 1 Commerce with foreign nations and Indian Tribes 2 Interstate commerce 3 ntra state commerce if the business at issue substantially affects inter state commerce Bill of Rights First 10 amendments to the US constitution Fundamental rights impacting business 1 Freedom of Speech a Right to engage in oral written and symbolic speech i Fully protected 1 Speech that the government cannot prohibit or regulate ii Limited protected 1 Govt cannot forbid this type of speech but can subject it to time place and manner restrictions a Offensive speech that offends members of society middle finger x mas lights b Commercial speech used by businesses such as advertising wine label 2 Law must implement a substantial government interest 3 Directly advance that interest 4 Must go no further than necessary to accomplish its objectives iii Unprotected 1 Dangerous speech Fighting words provoke avg person Overthrow of the government Defamatory anguage lies Child pornography Obscene speech prurient interest Uquot39gtE quot 2 Religion 3 Searches and seizures 4 Sef incrimination Courts and Alternate Dispute Resolution Judicial Review o Courts interpret and apply laws passed by legislature o Determine the constitutionality of acts o Source of power Courts themselves Requirements for Filing a Lawsuit 1 Jurisdiction authority of the court to hear and decide a case a In Personam Jurisdiction power of the court to compel parties to appear in court i Plantiffs gives court jurisdiction over themselves by filing and the court must obtain jurisdiction over the defendants by summons ii Long Arm Statute gives court personal jurisdiction over non residents iii Nonresident must have quotminimum contact if 1 of the 3 are met 1 Committed a tort within the state OR 2 Entered into a contract 3 Conducted business in the state that caused injury to another person b In Rem Jurisdiction power of the court to decide issues related to property of lawsuit located within its geography c Quasi In Rem Jurisdiction allows a plaintiff who obtained judgment in state A to collect the judgment by attaching property of the defendant in state B i Former PSU student from NY doesn t pay rent in SC d Subject Matter jurisdiction the power of the court over the subject matter of the lawsuit i General and limited jurisdiction depending on the court Exclusive and concurrent Jurisdiction Sep 4quot F eilll li ll 3 State Eiouris 2 Venue a Most appropriate location for the trial i Where the dispute occurred OR ii Where the parties are located 3 Standing to Sue a Sufficient stake in outcome b Actual dispute involving a specific controversy Alternative Dispute Resolution Negotiation informal discussion where parties try to resolve their conflicts o Mini trial o Neutral case evaluation paper o Summary jury trial based toward jury feedback o Conciliation back and forth between two parties Mediation attempting to negotiate a settlement with a 3quot party mediator solves problem o Often tries to find common ground Arbitration parties choose an impartial 3quotquot party to hear and decide the dispute o Award is legally binding o Award is final unless appealed I Arbitrator acted in bad faith or exceeded her power I Violates a public policy o Parties are forfeiting their right to go to trial Torts Civil wrong or hard caused by a wrongdoer who violates a legal duty owed to the injured party Civil wrong an injury punishable by paying money to the injured party Legal duty duty violated by the tortfeasor or wrongdoer must exist as a matter of law Damages Compensatory reimburse party for actual losses Punitive damages punish wrongdoer and deter others from similar o Punitive above and beyond o Find a money value to hurt person but not put them out of business Special quantifiable monetary damages General non monetary aspects of harm pain and suffering reputation companionship Three Classifications 1 Intentional wrongdoer has intent to doo the act a Engage in the activity i Assault and battery ii False imprisonment iii Defamation 2 Unintentional or Negligence person is liable for harm if it is a foreseeable consequence harm is likely to occur 3 Strict liability legal doctrine saying individuals are wholly responsible for wrongdoing no matter what Intent Defendant must intend to do the act that caused injuries o Defendant intended the consequences of the act o Defendant knew with substantial certainty that certain consequences would result o Intent to engage 9 activity 9 caused harm or injury o Intend normal consequences or knew with substantial certainty driving on ice Assault 1 The threat of immediate harm 2 Any action that causes apprehension of immediate or imminent fear a FEAR ONLY no contact needed Battery Physical contact with another person that is o Unauthorized and harmful or offensive and unwanted I Contact necessary False imprisonment Have the right to move about without restraint Intentional infliction of emotional distress intentional act that is extreme and outrageous that results in severe emotional distress of another Intentional Torts against Persons and Business Defamation Wrongful harm to a person39s good reputation Plaintiff must prove that 1 The defendant made a false statement of fact about the plaintiff 2 The statement was published a Slander oral b Libel written Orlando vs Cole Types of Damages obtained Plaintiff needs to prove economic losses OR Loathsome disease Business Impropriety Serious crimes Unchaste unmarried persons 39gtS quotquot Defenses to Defamation 1 Truth 2 Privileged or immune speech a Absolute judicial and legislative proceedings witnesses b Qualified employee evaluations Public Figures proving Defamation A person who exercises substantial govt power or is otherwise in the spotlight Actual malice a statement made with either knowledge or falsity or reckless disregard for the truth Invasion of Privacy Appropriation of identity use of a person39s name or Iikeliness 50 cent snoop dogg Intrusion on individuals affairs or seclusion Jenny Anderson Publication of information that places a person in false light Public disclosure of private facts 39gtS quotquot Appropriation When another person Uses a living person39s name Iikeliness or other identifying characteristic For commercial purposes Without the owner39s consent 9 Fraudulent Misrepresentation Intentionally deceiving another person out of money property or something of value 1 Wrongdoer made a false statement of material fact 2 Knew that the statement was false and intended to deceive the innocent party 3 Innocent part relied on the misrepresentation 4 Innocent party suffered injuries Negligent Representation Requires that person making statement or omission did not have a reasonable basis for believing it s truthfulness Occurs when the wrongdoer owes a duty of case to the plaintiff Wrongful Interference with a Business Relationship Tort that interferes with a business relationship Wrongdoer is aware of an established relationship between business and customers Wrongdoer causes the relationship to end by using predatory practices Innocent suffers damages 9 Wrongful Interference with a Contractual Relationship Occurs when a third party induces a contracting party to breach the contract with another party Wrongdoer knows about a valid enforceable contract between A and B Wrongdoer intentionally induces either A or B to breach the contract Wrongdoer gets economic benefits from breach 9 Intentional Torts against Property Real property trespass to land o Occurs when a person without permission interferes with an owners right to exclusive possession of land by I Person enters land OR I Causes anything to enter land OR I Remain on land OR I Permits anything to remain on land o Defense prove it was warranted Personal Property occurs when a person without permission intentionally interferes with a property owner39s right o Trespass to personal property o Conversion o Disparagement of property Conversion occurs when a person without permission deprives a true owner of the use and enjoyment of his personal property by taking and exercising ownership rights over the property Disparagement of Property Makes false statement about a person39s product or property that causes economic damages o Slander of Quality or Trade Libel when a wrongdoer spreads false information about a seller39s product I Alleging that it is not what the seller claims I Which causes economic losses to seller I Defense truth as it relates to quality pink slime o Slander of title when someone makes a statement to third parties that I Falsely deny or cast doubt upon a person39s lawful ownership of property which causes economic losses I Defense show proof Torts involving Negligence Negligence the failure to do something that a reasonable person would do omission OR doing something that a prudent reasonable person would not do comission o A person is liable for the harm that is the foreseeable consequence of the actions o Elements I The defendant owe a duty of care to the plaintiff I The defendant breached the duty I Plaintiff suffered injury I Defendants negligent act caused plaintiff injury 0 Does not require the element of intent o Duty of Care the obligation we all owe each other not to cause any unreasonable harm or risk of harm I duty is measured by a standard of reasonableness 0 aware of environment 0 intent 0 careful o Landowner s duty of care Exercise reasonable care to protect persons coming onto their property from harm 1 Protect customers against foreseeable risk about which the owner knew or should have known snake in Starbucks 2 Discover and remove any hidden dangers Breach of Duty of Care A failure to exercise case or act as a reasonable person o An action OR a failure to act when there is a duty to act o Do individuals have the duty to rescue others No unless charged with that duty Negligence Damages Compensatory damages intended to compensate or reimburse a plaintiff for actual losses MUST have losses Punitive intended to punish the defendant and deter others from similar actions o Mcdonalds Hot Coffee Case
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