Management 260 Week 4 Notes
Management 260 Week 4 Notes Management 260
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This 7 page Class Notes was uploaded by Eunji Cho on Friday February 12, 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 37 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.
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Date Created: 02/12/16
Management 260 Professor Malkovich Week 4 Notes: Feb 8-12 By Eunji Cho February 9, 2016 Motion for Summary Judgment • Another way the case can be resolved without going to trial • Documents that show there is no disputed facts • Plaintiff or defendant may do this • Documents, photographs, affidavits • If the other party disagrees, they can show that there are some facts that are in dispute -> Motion for summary judgment will be denied • This won’t be done in a negligence case Jurors • Don’t discuss the case. Ever. • Don’t read newspaper articles. Don’t discuss among yourselves. • Deliberating: when jurors discuss the case among themselves Judge is the gatekeeper for relevant evidence Hearsay • Not accepted as evidence in the courtroom • When this comes up in trial, the person who said this may be brought in as a witness Witness testimony • Direct examination o Leading questions are not allowed o The witness brought be their own side getting questioned by their own attorney • Cross examination o The other party examines the witness o May bring other points that cause the jurors to discredit the witness • Physical evidences are introduced through witnesses that can identify the evidences o Police officers that found the weapon at the crime scene o If the evidence can be authenticated, the judge may allow admission • Expert testimony o Judge may allow this is it is concluded that expert testimony can help the jury’s understanding of the case • Ensured that only valid evidence is allowed in • Hearsay with inherent reliability may be allowed in Trial Process • Voir Dire o Jurors that know the party of the case, jurors who are sensitive of the issue shouldn’t be chosen o Process where attorneys identify jurors who shouldn’t be chosen o Questions for basic information, socioeconomic background that you have to fill out o Case specific questions that the attorneys ask the judge to ask jurors o Challenges (eliminating potential jurors) 1. For cause: unlimited number a. Some aspect of the juror that excludes them b. Victim of the crime, police officer’s spouse c. Potential bias 2. Peremptory challenge: limited (2-3) a. Rejecting jurors without stating a reason o There may be 14 or 16 jurors on trial § For emergency, getting sick § Alternate jurors determined at the end of trial • Opening statements o Plaintiff’s opening § Points out what the evidence is going to show § Guidance to the jury § 15-20 minutes o Defendant’s opening § Have an option to do it or to defer § Deferring an opening happens more in criminal cases than civil cases ú Other convictions of the defendant can prejudice the jurors ú Jury presumes the defendant is innocent until the commonwealth can prove otherwise ú Defendant may change their defense depending on how well the commonwealth presented their evidence • Plaintiff’s case goes in o Witnesses o Physical evidence o Expert testimony o Jury exhibit • Defense can file a Motion for Required Finding o Arguing to the judge after the evidence presented by the plaintiff that says the plaintiff doesn’t have enough evidence to meet the burden of proof o For medical malpractice cases, you must have a doctor that says that what the defendant did deviates from the standard medical method • Defendant’s case • Plaintiff’s rebuttal o Limited • Motion for Required Finding raised by either party o Plaintiff can say defendant doesn’t have enough evidence to claim certain way/ same for defendants o Judges may defer and let the jury decide o If the judge finds the jury’s decision doesn’t make sense, the judge has the ability to override the jury verdict with the Judgment Notwithstanding the Verdict (JNOV) § Preferred outcome is to have the jury make the decision § JNOV used sparingly • Jury Instructions o How to evaluate circumstantial evidence o Explained very methodically o Theories that are raised (in form of elements) § For negligence, 4 elements • Deliberation o Jurors put in a room to make judgment o Foreperson (secretary) gives instructions o Discuss the evidence before making decisions • Verdict o Read to the courtroom o JNOV: within 10 days of the verdict o Motion for New Trial § Significant errors of the case § Gives the judge an opportunity to change the outcome of the case before going to appeals court o Notice of Appeal § If new trial is not granted § Forwarded to the appeals court Objection that attorneys raise • Can be filed for appeals court • Only the points that were brought to the judge’s attention can be brought up February 11, 2016 First Exam: March 3 rd • Concepts • Short answer questions • Short essay question • Some multiple choice questions Theory of negligence • Duty of the defendant • Breach of duty • Causation o What the defendant did to the plaintiff caused the injuries • Proximate cause West Law system to do legal research Constitution: law about restraining the government (shield against unfair treatment by the government), authority that the court bases its powers on • Legislature • Executive • Judicial If there is a state entity that is doing the action (that caused the conflict), we must identify 1. State Action i. Something initiated by the government ii. Agency of the government 2. Constitution rights are not absolute i. There is a balance between a legitimate state interest vs. individual rights ii. Searching your belongings and your phones at the border due to state interest of protecting the country iii. Constitutional rights expand and contract depending on the social and political climate 3. Exigent circumstances allow the government to act in violation of the constitution Marvery vs. Madison • Breach of legislature and executive branch of the constitution • Judicial branch stepped up and stopped Madison st 1 Amendment • Freedom of Religion o Government can’t restrict practice of any religion § Donald Trump’s claim to ban Muslims into the country is unconstitutional o Government can’t promote any religion § A Judge put up a cross and was forced to take it down since it promoted Christianity in a public place • Freedom of Speech o Example of reasonable restrictions of freedom of speech § Reasonable time and place restrictions are OK § May not regulate content § Narrowly tailored to accomplish legitimate government’s interests o Examples of non-protected speech § Fighting words: egging the other person to fight § Incitement to riot: restricted to maintain peace § Speech causing imminent physical harm: causing people to panic is not allowed § Deceptive commercial speech: not allowed to mislead consumers (Consumer Protection Act) § Obscenity: sexual material (child pornography), based on community standard, in which case we conduct the “Obscenity Test”, in 2 trial steps (to determine if it is obscene, and to determine the penalty) 1. Patently offensive 2. Appeals primarily to prurient interests 3. Lacked any serious artistic, educational, political or scientific value • Freedom of Press o Publishing classified information can get a reporter in trouble o Power of the pressed can be restricted by the government • Freedom of Assembly • Petition Government 4thAmendment • Citizens should be free from unwarranted searches and seizures • The government can implement such laws into the context o It can be adapted into the context of the Internet • Abortion rights o Doctors that provided contraception in the 60s was sued, but the plaintiff was found as violation of privacy
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