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BA 3301 Midterm Review

by: Heena Dhanani

BA 3301 Midterm Review BA3301

Marketplace > University of Houston > BA > BA3301 > BA 3301 Midterm Review
Heena Dhanani
GPA 3.5
Business law
Kurt Stanberry

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About this Document

Business law
Kurt Stanberry
Study Guide
50 ?




Popular in Business law

Popular in BA

This 3 page Study Guide was uploaded by Heena Dhanani on Monday January 19, 2015. The Study Guide belongs to BA3301 at University of Houston taught by Kurt Stanberry in Fall. Since its upload, it has received 352 views. For similar materials see Business law in BA at University of Houston.


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Date Created: 01/19/15
BA 3301 Midterm Review Blackboard course content practice test Bring scantron quizzes and court report Chapter 1 0 Sources of law p3 Constitutional law expressed in US and state constitutions supreme law of the land a law in violation of the Constitution will be declared unconstitutional and not enforced no matter what its source Statutory law laws enacted by legislative bodies at any level of government such as statutes passed by Congress or by state legislatures includes ordinances applies to all states Administrative law the rules orders and decisions of administrative agencies Case law doctrines and principles announced in cases govern all areas not covered by statutory law or administrative law and is part of our common law tradition judgemade law Common law a body of general rules that applies throughout the states judgemade law Commerce law applies to all states passed by congress Executive order if you re getting paid by the federal government then this applies to you 0 Classifications of law p12 Substantive law consists of all laws that de ne describe regulate and create legal rights and obligations EX a state law that provides employees with the right to workers compensation bene t Procedural law consists of all laws that outline the methods of enforcing the rights established by substantive law EX an employee must notify the employer about an on the job injury prove the injury and submit proof to receive workers compensation benefits Civil law the rights and duties that eXist between persons and between persons and their governments as well as the relief available when a person s rights are violated A private party sues another private party who has failed to comply with a duty EX contract law tort law Criminal law wrongs committed against the public as a whole criminal acts are defined and prohibited by local state or federal government statutes Cyberlaw Chaiter 2 Trial courts courts of original jurisdiction in which actions are initiated uses jury all cases start here State courts can hear any case that has not been speci cally designated for another court domestic relations court probate courts municipal courts small claims court Federal courts equivalent to the state trial court bankruptcy courts Intermediate Appellate courts reviewing courts do not have original jurisdiction uses judges these cases set precedent Supreme courts highest appeal is possible only if a federal question is involved 0 Alternate dispute mediations and arbitrations Chapter 3 ADR exible 90 of civil lawsuits settled Negotiation the parties attempt to settle their dispute informally with or without attorneys present no neutral third party resolution themselves Mediation a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution parties decide resolution but mediator may propose it less adversial than litigation never binding often the preferred form of ADR Arbitration an arbitrator hears a dispute and imposes a resolution on the parties that is either binding or nonbinding 0 Court procedures Chapter 4 Accident breach of contract or other event party consults with attomey inforrnal investigation plaintiff s attorney flles complaint defendant notified of lawsuit defendant s attorney files answer to complaint or motion to dismiss motion for judgment on the pleadings request to end case based on info contained in the pleadings discovery formal investigation depositions interrogatories motion for summary judgment request to end case available information further discovery pretrial conference trial opening statements evidence examination of witnesses and potential motions closing arguments jury instructions verdict posttrial motions appeal steps to enforce and collect judgment Pretrial procedures the pleadings pretrial motions discovery pretrial conference jury selection Commerce clause regulates almost every commercial enterprise in the US interstate and intrastate Supremacy clause the Constitutions laws and treaties of the US are the supreme law of the land when there is a direct con ict between a federal and state law the state law is rendered invalid lst freedom of religion speech press symbolic corporate political and commercial speech limited all protected unprotected speech such as porn or threats are not protected establishment cause prohibits government from establishing state sponsored religion 2nd right to bear arms 3rd quartering of troops I 4th prohibits unreasonable search and seizure of person or property probable cause is the exception for a search warrant I 5th selfincrimination and double jeopardy applies to people not businesses I 611 right to speedy and public trial by an impartial jury I 7th right to trial by jury in a civil case involving at least 20 I 8th cruel and unusual punishment excessive bail and nes I 9th people have rights in addition to those speci ed in the constitution I 10th reserves to the states all powers not granted to the federal government I 14th due process of law Chapter 6 o Tort law 0 Examples of intentional torts requires intent I Against persons assault battery false imprisonment intentional in iction or emotional distress defamation libel or slander invasion of privacy fraudulent misrepresentation abusive or frivolous litigation I Against property trespass to land trespass to personal property conversion disparagement of property 0 Unintentional torts when someone suffers injury because of another s failure to live up to a required duty of care I Negligence per se the duty of care and its breach causation injury requirement and damages good Samaritan statutes dram shop acts Chapter 7 o Strict liability and strict product liability 0 Market share liabilitv a court can hold each manufacturer responsible for a percentage of the plaintiffs damages that is equal to the percentage of its market share Chapter 8 0 Intellectual property trademarks trade secrets patents Chapter 10 0 Classification of crimes felonies misdemeanors petty offenses 0 Types of crimes violent robbery property burglary larceny arson receving stolen goods forgery public order crime white collar crime embezzlement mail and wire fraud bribery bankruptcy fraud insider trading organized crime money laundering racketeering o Exclusionarv rule evidence can t be used if they violated your rights Civil law person who suffered harm brings suit wrongful act causing harm to a person or to a person s property burden of proof preponderance of the evidence verdict 3 majority remedy damages to compensate for the harm of a decree to achieve an equitable result Criminal law the state wrongful act violating a statute that prohibits some type of activity burden of proof beyond reasonable doubt verdict unanimous remedy punishment f1ne imprisonment death


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