Notes on Chapter 3 & 9
Notes on Chapter 3 & 9 BSL212
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This 4 page Class Notes was uploaded by Nuyev on Thursday February 5, 2015. The Class Notes belongs to BSL212 at University of Miami taught by J.Martinez Evora in Spring2014. Since its upload, it has received 43 views. For similar materials see Intro to Business Law in Business Administration at University of Miami.
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Date Created: 02/05/15
Civil dispute resolution Chapter 3 Substantive law sets forth the rights and duties of individuals and other legal entities whereas procedural law determines how these rights are asserted Procedural law 2 goals to be fair and ef cient Courts are established to settle disputes In order for a court to have jurisdiction the court must have subject matter and inpersonam jurisdiction In other words jurisdiction over the dispute and the parties There are supreme courts the judge is selected by the president for life which contain special courts district courts and courts of appeals District court trial courts in the federal system Most federal cases begin in the district court Appeal court will relook at the dispute and have the power to reverse modify or remand it back to the lower court for further proceeding Supreme court appeals must be above 75000 and diversity ofjuries jurisdiction means the power or authority of a court to hear and decide a given case The case must have subject matter of the lawsuit of a case in order to have legal effect the court must have power to decide and hear over the subject and over the parties court has inperosnam jurisdiction IF the person lives and is present in the courts territory or the transaction giving rise to the case has a substantial connection to the courts territory subject matter jurisdiction refers to the authority of the court to judge a controversy of a particular kind federal courts have limited subject matter jurisdiction state courts have jurisdiction over all matters exclusive federal jurisdiction to the exclusion of the state court subject matterjurisdiction over certain areas Concurrent federal jurisdiction happens when federal and state courts share jurisdiction Exclusive federal jurisdiction bankruptcy antitrust patent trademark and copyright cases Concurrent federal jurisdiction 0 Two types Federal question jurisdiction arises whenever there is a federal question over which the federal courts do not have exclusive jurisdiction Diversity jurisdiction happens when there is diversity of citizenship in the civil suit and the amount exceeds 750000 Diversity of citizenships plaintiffs and citizens come from different state than the defendant citizens When a foreign country bring an action against US citizens 0 Controversy between citizens of state and foreign country Jurisdiction over the parties power to bind the parties involved in the dispute 0 Court has jurisdiction over plaintiff when she voluntarily submits to the courts power by ling a complaint 0 In respect to defendant the court can meet the requirements of this jurisdiction in 3 ways 0 ln personam o In rem o Attachmentjurisdiction The defendant must have minimum contact with the state 0 ln personam jurisdiction 0 Either by serving process on the party within the state in which court is located or by reasonable noti cation to a party outside the state in those instances where long arm applies 0 Following conditions may cause inpersonam jurisdiction of a nonresident If the defendant has committed the crime within the state Owns a property in state and that property is subject matter of the lawsuit Has entered in to contract with state Transacted business within the state and that business is the subject matter of the lawsuit 0 ln rem jurisdiction if inpersonam jurisdiction if absent the court may still act if the property of the jurisdiction is located within the state 0 Attachment jurisdiction over property rather than a person If the defendant has a property in the state of the plaintiff that he can give in order to pay off this may happen 0 Venue is the geographical area in which lawsuit should be brought 0 The pleadings are series of responsive formal written statements where each side states its claims and defenses o Summons are served upon the defendant to notify him that there is a lawsuit against him o If the defendant can prove that jurisdiction is constitutional o If he fails to respond after a summons default judgment will be entered against him 0 Discovery the process of nding evidence divided into 5 parts 0 Pretrial depositions consisting of sworn testimony taken out of the court of the opposing party or other witnesses o sworn answers by the opposing party to written interrogatories or question 0 objects pretrial conference 0 simply the issues in dispute by amending the pleadings admitting facts and identifying evidence 0 to encourage settlement of the dispute without trial Summary judgment the evidence may be so clear that a trial to determine the facts becomes unnecessary Racial discrimination is a bridge of regulations when selecting the juries A motion for a new trial may be made if 0 Judicial error 0 Unfair 0 Excessive damage 0 Not enough evidence Appeal is made to determine whether the trial court committed prejudicial error 0 Exclude evidence judges instructions to the jury or if the judge denies motion for a demurrer summary judgment direct verdict or a judgment nov Arbiration when a 3rCI party is joined to make an agreement Consensual is a contract made before anything happensDecision to make an arbitrator Compulsory arbitrator when the government choses the arbirator Contracts chapter 9 Four basic requirements of contracts Mutual assent both parties agreed to enter a contract Consideration both parties must exchange a legal bene t Legality of object the purpose must be legal Capacity parties must have contractual capacity Classi cation of contracts Express or implied contract is expressed for example I go to a store buy something implied in fact contract 0 express contract where both parties verbally express the contract Bilateral or unilateral mutual promises exchange of promises each party is under duty to the other this is known as bilateral contract because each of the parties are promisor and promise quotif you promise to do I promise to doquot 0 Unilateral happens when only one gives a promise and the other isn39t obligated to do so quotif you do I promise to doquot o If it s not clear what kind of a promise it was then the court assumes it was bilateral Valid void voidable or unenforceable 0 Valid all requirements of a binding contract it39s an enforceable promise o Void contract doesn39t meet all of the requirements of a binding contract no legal effect 0 Voidable though defective but still legal effect 5
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