BusinessLawWeek4Notes.pdf ACCT 2700 - 001
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This 4 page Class Notes was uploaded by Caspian Roberts on Thursday February 11, 2016. The Class Notes belongs to ACCT 2700 - 001 at Auburn University taught by Robert Hollis Cochran in Fall 2015. Since its upload, it has received 122 views. For similar materials see Business Law in Accounting at Auburn University.
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Date Created: 02/11/16
Procrastination is like a credit card; it’s a lot of fun until you get the bill. - Christopher Parker Procedural Rules: Trials involve “due process” which requires adequate notice and a far and impartial hearing Ex.) All civil trials in federal court are governed by the federal Rules of Civil Procedure Sages of Litigation (a judicial proceeding) o Pretrial o Trial o Posttrial (Appeal) (not necessary for test) Pre-Trial Procedures: Consulting an Attorney Pleadings Discovery Conference Jury Selection 90% of all potential clients who walk through the door don’t convince the attorney to take their case o Communication – it can solve the problem without legal action o The Law is against them Ex.) o Subcontractor Dispute – There was a disagreement in payment between Clark and Eddie Eddie owed Clark $10000 Clark wants to Sue Eddie Eddie’s bookkeeper forget to send in the check, and after COMMUNICATING, the problem was solved and Clark got payed o Pear Tree – Billy’s neighbor was stealing pears off of his tree Billy wants to sue the neighbor Turns out, the property line splits the tree in half, and that means that ½ is Billy’s, ½ is the neighbors The Pleadings: Pi = plaintiff Delta = Defendant Complaint Pi --> Delta Answer Delta --> Pi Counter-Claim Delta --> Pi Reply Pi --> Delta Defendant doesn’t have to prove anything, the Plaintiff does Dismissals, Pre-Trials Judgments, Motions Discovery: Discovery is the process by which parties obtain information from the opposing party prior to trial Each party must answer all relevant questions the other party asks Purposes of this: o Prepare for the trial o No “surprise” at trial o Encourage parties to settle before trial Types of Discovery o Depositions – oral testimony taken under oath (the truth, whole truth, nothing but the truth) o Interrogatories – written testimony that is attested to under oath o Requests for Admissions o Requests for Documents, Objects, and Inspection o Requests for Examination Blessed are the young, for they shall inherit the National Debt - Herbert Hoover (Republican President from 1928 – 1932) Discovery E-Discovery Anything put online is Permanent, and Can Be Fun It is Admissible inn court Pre-Trial Conference After discovery meeting between attorneys and judge: Explore additional possibilities of settlement Identify “Issues in Dispute” for the jury to consider Judges issue “behavior guidance” to attorneys Judge sets/confirms trial date Jury Selection Seventh Amendment Right to a Jury Trials (may be waived if both sides agree) Voir Dire – Process of questioning the jurors in order for both parties to determine what jurors will be unbiased in the case Jurors may be dismissed for no reason or for cause (bias) Jury determines the facts, the judge determines the law and how to apply it to the case The Trial Opening Statements Introduction of Evidence through witnesses o Evidence must be relevant (tend to prove or disprove) o Expert witnesses may be used Motions Closing Arguments Jury Instructions and Verdict The Appeal In a criminal trial, only the defendant can appeal the verdict; in a civil trial, wither party can appeal In criminal, the reason why the defendant is the only who can appeal is to protect the defendant from double jeopardy Enforcing the Judgement Usually the Plaintiff decides if the Defendant has sufficient assets before the suit is filed Often the defendant doesn’t pay voluntarily and the Plaintiff has to ask the court to issue a writ of execution for the sheriff to seize and sell Defendants assets to satisfy judgement Review Questions: T/F The soul purpose of Discovery is to prevent surprises in court False (there are 3 purposes) Oral Testimony given under oath prior to trial is Depositions Sample Question According to Mr. Cochran about 90% of people trying to get an attorney to take their case fail because o Lack of Communication and The Law is Against them
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