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Management 260 Week 2 Notes

by: Eunji Cho

Management 260 Week 2 Notes Management 260

Eunji Cho
GPA 3.8
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About this Document

Hi guys! This is my notes for the second week of Professor Malkovich's Management 260 class. Hope you enjoy! -Eunji
Introduction to Law
Michael Malkovich
Class Notes
Management, Law




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This 4 page Class Notes was uploaded by Eunji Cho on Friday January 29, 2016. The Class Notes belongs to Management 260 at University of Massachusetts taught by Michael Malkovich in Spring 2016. Since its upload, it has received 42 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.

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Date Created: 01/29/16
Management 260 Professor Malkovich Week 2 Notes: Jan 25-29 By Eunji Cho January 26, 2016 Things that determine whether courts have the authority to change, expand, reverse, or create laws • Real case or controversy • Jurisdiction (residence of parties or where the event took place) If you start selling products or doing business targeting business for residents in other states, you can be under that state’s jurisdiction Civil Law Criminal Law - Any parties Control society - You need to convince the jury Determine whether you violated a that the other party is liable law, and determine sentence - Plaintiff vs. Defendant - Jury decides who wins, the Burden of Proof amount of compensation - Proof “beyond a reasonable (verdict) doubt” - Majority decision (5/6, 10/12) : if there is reasonable doubt, the court goes in favor of the Burden of Proof defendant - Preponderance of the evidence - State bears burden of proof: - The side with more reliable defendant who is charged of a evidence wins crime has no obligation to give - Both sides bear burden of proof any evidence (5 th amendment) - Resolving dispute - Unanimous decision: one juror against conviction can create a Most civil cases are resolved hung verdict before going to trial - Enforce law Settlements vs. Verdicts - Impose penalties - The Innocence Project - Presumption of innocence Jury awards money as Legal Remedy • Future medical expenses • Future income • Compensation for emotional and physical distress • Only good for “Deep Pocket” defendant Equitable Remedy • Sometimes money is not sufficient as remedy 1. Injunction: order telling a party to stop doing something o Temporary restraining order 2. Specific performance o Orders the party to carry on the original contract For people who can’t afford lawyers in civil cases • Contingency Fee Agreement o Medical malpractice o 1/3 of recovery, plus expenses to attorney • Statutory Attorney Fees o Consumer Protection Act: applies to unfair transactions between businesses and consumers/businesses. o Insurance Practices Act o If the plaintiff wins, the defendant has to pay the attorney fee back. The state pays the attorney fees for criminal cases • To guarantee the defendant’s right of 5 thand 6 thAmendment January 28, 2016 Statute of Limitations • Time limit that has to be met within which you need to bring the (civil/criminal) charges • If the time has past, you lose the right to press charges State Federal • Marriage & Divorce • Criminal Law (federal crime) • Property - Crime that takes place over • Wills & Estates state borders • Contracts - Weapon of mass destruction • Torts - Crimes that happen on federal • Criminal Law (state crime) property • Stock markets (state issue) § Interstate commerce § Internet § Telecommunication § Stock markets (federal issue) § Immigration § Advertisement Federal Preemption • Federal government can stop inconsistent state laws in certain areas through federal preemption. • When Massachusetts tried to stop tobacco companies from advertising within 500 feet of schools, the companies sued and they won through federal preemption -> advertising is controlled by the federal government Supreme Judicial Court (7 Justices) • In MA, they hear all first-degree murder cases that come up • For other cases, they only take the cases that they think have a far-ranging impact/could change precedent/inconsistent prior decisions/new area of law Appeals Court (3 Justice panel) • Appeal by right o Any time you don’t like the jury’s decision, you have the right to appeal. • No new evidence will be allowed o Only the evidence presented in the trial will be looked at • If there was an error in trial court (rules of evidence) o Find error o Conclude that the error was big enough to influence the jury’s decision o Send it back to trial court for retrial o Written decision • They can’t second-guess the judgment of jurors • 15 minutes in front of the panel • 2 justices decide -> one of them write opinion • If one justice disagrees, could write dissenting opinion Trial Court • Fact Finding Process o Witnesses o Exhibits o Documents o Expert testimony • Reach a verdict Jurisdiction • “Substantial minimum contacts” is required for deciding a state’s jurisdiction over certain cases • When parties reside in the state • Commerce in the state • Incidental consequence doesn’t qualify for substantial minimum contacts • Advertisement in other states makes sense to take other state’s jurisdiction


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