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Busi Law week 4 notes

by: kmb0095

Busi Law week 4 notes ACCT 2700

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week 4 notes
Business Law
Robert Hollis Cochran
Class Notes
Busi Law
25 ?




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This 7 page Class Notes was uploaded by kmb0095 on Wednesday February 3, 2016. The Class Notes belongs to ACCT 2700 at Auburn University taught by Robert Hollis Cochran in Spring 2016. Since its upload, it has received 39 views. For similar materials see Business Law in Accounting at Auburn University.


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Date Created: 02/03/16
Intro to Law Week 4 2/1/16 Ch.2 Courts and Alternative Dispute Resolution “The place of justice is a hallowed place.” –Sir Francis Bacon  most underdeveloped countries have a terrible, unjust legal system  The judiciary’s role in gov’t o Judicial review was established by the US Supreme Court in Marbury v. Madison where Chief Justice Marshall wrote: “it is emphatically the province and duty of the judiciary to say what the law is…” o Marbury v. Madison was important in establishing judicial review o Constitution established in supreme court  Basic judicial requirements o Jurisdiction  “Juris” (law) “diction” (to speak)  power of a court to hear a dispute and to ‘speak the law’ into a controversy and render a verdict that is legally binding on the parties to the dispute  in personam (over persons)  power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate  if you get sued by Washington state but you’ve never been there, they don’t have jurisdiction  in rem (over property)  a court has power to decide issue relating to property, whether the property is real, personal, tangible, or intangible  a court generally has in rem jurisdiction over any property situated within its geographical borders  court can get in rem jurisdiction if they get a motion from the court that has original jurisdiction of the property  long arm statutes  courts use long-arm statutes for non-resident parties based on “minimum contacts” with state o basically the defendant had some connection with forum state  for businesses “minimum contacts” requires some business within the state  Dude and Bubba Intro to Law o Dude = full time surfer from cali, smokes pot, old car, drives to FL and gets in accident with Bubba o Bubba sues Dude o Did Dude have minimum contacts in AL?  Yes  LL Bean o From main, never had an employee in AL, no busi in AL o Send you mail o 100% money back guarantee o you buy backpack, send it back, they don’t want to give you the money o sue LL Bean in AL o can AL get in Personam jurisdiction over LL Bean?  Yes, they solicit busi in AL and sent mail to AL  Bandanas from San Diego o Want orange bandana o Ordered offline, company in San Diego o Sent pink ones, want money back, company says no o Sues them o Can AL get jurisdiction?  No bc they don’t have minimum contacts, you sought them out  Subject Matter Jurisdiction  Courts must be able to hear a case  Results from statutory limitation on the types of cases a court can hear, usually determined by federal or state statutes o Probate, bankruptcy, criminal, traffic In Rem jurisdiction refers to jurisdiction over property The long arm statute requirement for minimum contacts means any attempt to come into the state to do business is probably enough to meet the minimum contacts requirement  Original and Appellate Jurisdiction o Courts of original jurisdiction is where the case started (trial) o Courts of appellate jurisdiction have the power to hear an appeal from another court  Federal court jurisdiction Intro to Law o “federal question” cases  rights or obligations of a part are created or defined by some federal law o “diversity of citizenship cases”  parties are not from the same state  amount of controversy is greater than $75,000  exclusive vs. concurrent jurisdiction o exclusive  only one court (state or federal) has the power (jurisdiction) to hear the case o concurrent  more than one court can hear the case  venue o concerned with the most appropriate location for the trial o generally, proper venue is where the injury is occurred 2/3/16 “The moment you’re born you’re done for” – Arnold Bennett  standing to sue o a party must have suffered a legal injury and have a sufficient “stake” in the controversy o we can sue Mr. Cochran for being too ugly to teach busi law, the clerk will file it and the judge will see it but the judge will dismiss it bc there’s no law against it, but we have the right to sue o Bill can’t sue Jennifer for her breaking a contract with Joe, so that lawsuit is also dismissed  State and federal court system o Minor courts  Justice court, Municipal court o Trial courts  courts of general jurisdiction; US District Court, county court, district court o Appellate courts only look at the records o Supreme Court (state or US) o 1 trial at the lowest level then appeals o Rhode Island and Wyoming only have trial and supreme courts  Route to the supreme court Intro to Law o You have to have final decision from supreme court of your state supreme court before you can go to US supreme court  Boundaries of US courts of Appeal  U.S. Supreme Court o Hears cases in its discretion o Petition for Certiorari – 10,000+ appeals a year  “I lost, so hear my appeal”  they issue a writ o Writ of Certiorari – currently hears 80-100 appeals per year  “send it on, we’ll hear it”  they want the record of your trial and opinion of appellate court that denied your trial o Only court established by US Constitution Intro to Law o They don’t have to hear the case o Average appeal to the US Supreme Court costs $250,000- $500,000 In the U.S. you have the right to sue anyone over any matter True Standing to sue means you must have some stake I the matter being sued upon (definition) An appellate court must hear your appeal false  Alternative dispute resolution o Trials are very expensive and sometimes take a long time to resolve o ADR methods are inexpensive, relatively quick, and give parties more control over process o Is there a cheaper way to solve disputes? o Unless court-ordered, there is no record which is an important factor in commercial litigation due to trade secrets o Most common: Negotiation, Mediation, Arbitration  Negotiation  Informal, sometimes without attorneys, where differences are discussed with the goal of “meeting of the minds” in resolving the case  Mediation rd  Involves neutral 3 party mediator’  Mediator talks face-to-face with parties (in diff rooms) to determine ‘common ground’  Advantages o Few rules o Customize process o Parties control results (win-win)  Disadvantages o Mediator fees o No sanctions or deadlines  Arbitration  Considers a case (mostly through reading partly submitted info) and grants an ‘award’  Usually an expert in the area of dispute  Binding and non-binding arbitration  If parties have agreed to arbitration there is generally no recourse to the courts o Better than courts tbh  Ex) auto contracts Intro to Law  Ex) NFL player/management issue 2/5/16 “Procrastination is like a credit card; its a lot of fun until you get the bill.” – Christopher Parker “Focusing your life solely on making a buck shows a certain poverty of ambition. It asks too little of yourself. Because its only when you hitch your wagon to something larger than yourself that you realize your true potential.” –Barack Obama  Procedural rules o Trials involve “due process” which requires adequate notice and a fair and impartial hearing o Ex) all civil trials in federal court are governed by the Federal Rules of Civil Procedure  Make sure you have due process  Set procedure to follow that gives you the notice and right to present a defense and make sure everyone’s treated the same under the law o Stages of litigation (a judicial proceeding)  Pretrial  Consulting an attorney  Pleadings o Complaint (  )  Plaintiff – one who’s hurt  Defendant – one who hurt  Ex) someone gets hit, the one who was hit is the plaintiff, the one who hit is the defendant o Answer (  )  Defendant’s response to the plaintiff  20 days to respond  {know diff bw reply and answer} o Counter-claim (  ) o Reply (  )  Discovery (investigation, longest part) o Process by which parties obtain information from the opposing party prior to trial (process of discovering everything you can about the other party’s case) o Each party must answer all relevant questions the other party asks o Ex) mom asked for everything in a divorce, someone came out and told the husband about Intro to Law all these affairs she had, he brought them into the waiting room before trial as intimidation, she freaked and decided to settle for what he asked for bc she knew all this would come out in court and in discovery  Conference  Jury selection  90% of all potential clients who walk through an attorney’s door do not convince the attorney to take their case: o communication o the law against them  ex) o subcontractor dispute  they depend on each other, so subcontractors have disputes  sometimes in financial relationships  Joe owed Bill $10k, Bill hadn’t been paid by Dec1 and wanted to sue Joe without calling him first, Bill called Joe and figured out the check hadn’t been cleared yet o pear tree  someone’s neighbor is picking the pears off their tree, he picked all the pears on half the tree because the neighbor knew the property line was straight through half the tree  communication problem & law against him  Trial  Post trial {As business people, we will deal with the civil side of court, not criminal} {Don’t have to know anything about any motion} Q #1: B and C Q #2: false


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