Law 322 Week 1 of Notes
Law 322 Week 1 of Notes LAW 3220
Popular in Legal Environment of Business
Popular in Law and Legal Studies
verified elite notetaker
This 3 page Class Notes was uploaded by Stephanie Notetaker on Wednesday January 13, 2016. The Class Notes belongs to LAW 3220 at Clemson University taught by Edward R. Claggett in Fall 2015. Since its upload, it has received 130 views. For similar materials see Legal Environment of Business in Law and Legal Studies at Clemson University.
Reviews for Law 322 Week 1 of Notes
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: 01/13/16
Law 322 Chapter 1 & 2 Notes Chapter 1 1. What is law? a. What is acceptable conduct in society b. Shows potential consequences 2. What roles do laws play? a. To set forth what’s acceptable in society b. To assist in resolving disputes and conflicts (tells you how) c. To be flexible enough to change in the way society/technology changes (as technology grows, laws grow) 3. Sources of law a. U.S. Constitution (Supreme law) i. Created the legislative branch, court system, and executive branch b. State Constitutions (highest state law) i. If anything in the state constitution conflicts with the U.S Constitution, it is ignored. c. Legislative Branch i. Court System-‐ Supreme Court, courts make decisions 1. Presidential Value-‐we want people to know the law d. Executive Branch i. Creates and/or clarifies laws e. Laws and regulations are there to protect consumers, businesses do not like them 4. Classifying laws a. Public law-‐ applies to all of us like “j-‐walking” b. Private law-‐problem with your landlord or credit cards, private contracts/documents between parties c. Civil law-‐less serious than criminal law, fine/penalty involved, never more than 6 months jail time i. Burden of proof is initially on the plaintiff but can switch to the defendant d. Criminal law-‐major/serious, misdemeanors and felonies i. Trials are “beyond the reasonable doubt” which is the highest standard of proof that must be met in an trial ii. Jurors are told that they can only find the defendant guilty if they are convinced “beyond a reasonable doubt” of his or her guilt iii. Burden of Proof is always on the state. The state must prove that the defendant is guilty e. Substantive law vs. Procedural law i. Substantive-‐ govern how people behave, these rules define crimes and set forth punishment ii. Procedural-‐ the process a case will move through from arrest to conviction, tells you what to do to get compensated 5. Business Ethics and Morality a. Important because: i. You won’t buy a product if they’re thieves ii. You don’t buy their stock because they won’t be there for long iii. Legal point of view-‐businesses can be sued b. Code of Ethics i. What is acceptable in our company ii. Courts like to see this iii. There will never be 100% compliance iv. Sanctions will be less severe in court v. Makes the company look good c. The more laws that you have to comply with, the more expensive it is to do business 6. End of chapter question takeaways a. Ad’s must list side effects like death so they are not reliable for damages b. “If you tell the consumer the possible side effects, they have assumed the risks, so they cannot sue you for damages.” (Medications, smoking, etc.) Chapter 2 1. Magistrates a. Help and assist the judge b. A facilitator to help move the case along c. If both parties agree, the magistrate can issue the decision d. Judicial immunity-‐can’t be sued for decisions that they make 2. **”You cannot appeal questions of fact”** 3. Federal Judges a. Must get at least 51 senators to appoint them b. Lifetime appointment c. Judicial immunity d. Hope they make decisions based on law 4. State Court System a. 3 tier system b. Acts/looks like the federal system c. Municipal Courts-‐ traffic laws d. Justice of the Peace Courts-‐marriage e. Small Claims Courts i. Can take disputes up to a certain amount of money ii. Don’t need an attorney iii. Can get before a judge in a couple of weeks iv. Quicker, much less expensive v. Final decision, no right to appeal 5. State Judges a. Appointed by a governor or elected b. Fixed number of years, not lifetime c. More subject to outside pressure d. Judicial immunity 6. Jurisdiction a. The official power to make legal decisions and judgments i. Does the court have the power to hear the dispute and make a decision? b. Plaintiff needs to pick a court with jurisdiction c. Subject matter vs. personal jurisdiction i. Subject matter-‐ the category of items that the legal authority is about, seeing what the law says ii. Personal-‐provides authority over specific people, or property. A defendant signed waver can overcome the lack of personal jurisdiction 1. If the plaintiff and defendant live in the same state d. Concurrent vs. Exclusive Jurisdiction i. Concurrent-‐ the state and federal system can take the case 1. Federal Court will only take concurrent if amount of dispute is over $75,000 ii. Exclusive-‐ what the law says 7. Choice of law a. States adopt choice of law **on test** i. About half of the states still have historical laws 1. Historical laws-‐ look where the event occurred and apply that choice of law 2. Emerging laws-‐ Which state has the most significant interest in resolving the dispute, use those states of law a. Example: Car accident in FL with SC residents, SC would take the case) 8. 3 motions that can allow the defendant to move the case a. Motion for Removal i. Out of state defendant in state court (SC plaintiff suing FL defendant) the judge will almost always move the case to a federal court b. Motion to Change Venue (appropriate place where case is heard) i. If there is a lot of publicity ii. Avoids unbiased trials iii. State court to state court (with jurisdiction) iv. State to federal court c. Forum of non Conveniens i. Allows the court to move the case to another court that is better suited to hear the case (more convenient place) ii. Least costly, most convenient form
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'