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BSL 212 Ch. 3, 9, 10 Notes

by: Ryan Rodriguez-Mena

BSL 212 Ch. 3, 9, 10 Notes BSL 212 w/ Waldman

Ryan Rodriguez-Mena

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About this Document

These are the notes of the first 3 chapters we have covered
BSL 212
Professor Waldman
Class Notes
Waldman, BSL 212, ch. 3, Ch. 9, Ch. 10
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This 5 page Class Notes was uploaded by Ryan Rodriguez-Mena on Wednesday February 17, 2016. The Class Notes belongs to BSL 212 w/ Waldman at University of Miami taught by Professor Waldman in Spring 2016. Since its upload, it has received 30 views. For similar materials see BSL 212 in Business Law at University of Miami.

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Date Created: 02/17/16
Ch. 3 01/19/2016 ▯ Two court systems  Federal court o Decision made through paper work (don’t confront the judge) o You can’t go to federal court if you have two people that are going against each other from the same place (diversity on both sides of the ledger) o Minimum threshold is $75,000 (money parties are fighting over)  State court o More influence on the judges decision (confront the judge) ▯ Jurisdiction  Jurisdiction over the issue o Does the judge have the right to hear a particular dispute  Jurisdiction over the parties ▯ Concurrent jurisdiction  Either federal or state courts can be active ▯ In Personam Jurisdiction  Personal jurisdiction ▯ Long-arm statues  Is the arm long enough to drag the non-resident defendant under your jurisdiction o 1) Where was the wrong committed o 2) Does the person own property within the state?  Is it part of the dispute? o 3) Enter into a contract within the state  Where was the contract formed o 4) If the person has done enough work or service in that particular place  Do he/she does business in that particular place all the time ▯ In Rem  Jurisdiction over property rather than over a person ▯ Civil Court  12 jurors  To win you need to “get the ball over the net” ▯ Criminal Court  6 jurors  To win you need to win 100% ▯ Appellant  Loser ▯ Appellee  Winner ▯ ▯ Trial---- District Court of Appeal--- State Supreme Court---- US Supreme  Everyone has the right to bring it to the Court of Appeals but not everyone has the right to take it to the Supreme Court because they decide what cases they want to hear ▯ Arbitration  Usually 3, usually you get people that understand the area of the law…. They are matched to the topic being discussed  They do not go through a court and they have 2 private judges  The DECISION OF AN ARBITRATOR IS BINDING  (They have all the power and the decision is binding) ▯ Mediation  An opportunity during a lawsuit where the parties get together to see if they can settle it  There is a mediator but he has ZERO power he just acts as a diplomat  (Mediator has no power and decision is NOT binding) ▯ ▯ CHAPTER QUESTIONS  3) o a) He cant o b) You have to go through trial court first before you go to appeals court o c) Yes, he can because although none are residents are Virginia, that is where the accident occurred o d) Yes, they are from two different states and it meets the 75,000 minimum o e) o f) Yes  4) o a) The principle of business occurred in Kansas o b) No, Kansas is a middle ground (something in common) o c) Yes, o d)  7) o Yes  9) o No, he did not have any contact with New Hampshire ▯ ▯ ▯ ▯ ▯ ▯ Ch.9 02/04/2016 ▯ Contract  Binding agreement between two parties that the court will enforce ▯ 4 requirements for a contract  Mutual Assent o Both parties have to agree o It can be by words or actions  Actions – by handing out the money, you are agreeing to the contract/offer  Consideration o There must be something that post parties get out of the contract  They both have to benefit but they do not have to be equal (One guy can get the upper hand)  Legality o Has to be legal o If you make a deal to get fake ID’s and you break the contract nothing happens because it is illegal  Capacity o If you are on drugs or high the contract wont stand o You can not make a contract with a minority ▯ Things that make contract invalid  Duress o If someone has a gun to your head and says to sign the contract or else they’ll shoot you the contract is not valid  Underly-influenced o Not alcohol, this is if you bribe for example saying give me the computer grandma because I am the only one that takes care of you and the grandma gives it to her  Misrepresentation/mistake o When you think something is authentic and real and you make a contract to sell it and it ends up being a Lemon/fake  Ex: Painting ▯ Bilateral  Both parties agree to do something up front ▯ Unilateral  If you show up at my house and paint by door and he doe  If you do X I’ll give you Y ▯ Valid contracts – They are real ▯ Void – Doesn’t exist ▯ Voidable – Can be thrown out by the people that got screwed over ▯ Executed contracts  Contracts that ARE finalized ▯ Executory contracts  Contracts that have NOT yet been finalized ▯ Promissory Estoppel  Ex: Guy that wanted to buy the Minnesota Twins, had a contract but he didn’t get the team. So he was going to sue and the commissioner said not to sue that he would get the next franchise that opened but 5 years go by and another team was up for sale so he gets passed up again and was like WTF, but the new franchise said there was never a contract. But he took it to court and won because of PROMISSORY ESTOPPEL ▯ Quasi-Contract  ▯ ▯ ▯


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