BUS 207 Midterm 1 Cheat Sheet
BUS 207 Midterm 1 Cheat Sheet bus 207
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This 1 page Class Notes was uploaded by Brittany Bourdage on Monday April 18, 2016. The Class Notes belongs to bus 207 at California Polytechnic State University San Luis Obispo taught by Chris Carr in Winter 2016. Since its upload, it has received 17 views. For similar materials see Legal Responsibilities of Business in General at California Polytechnic State University San Luis Obispo.
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Date Created: 04/18/16
Chp2: stare decisis (case should be decided in the same way as past cases). two types of law are created by administrative agencies- administrative regulations and agency decision. classification of law— public: relations between government and private parties. (constitutional law) private: framework of legal rules that enable private parties to set the rights and duties they owe to each other (the rule of contract). Criminal: government prosecutes someone for the commission of a crime [beyond a reasonable doubt]. civil: one party sues another party (penalty/money damages), regulates rights/duties between persons/businesses, [beyond a preponderance of the evidence]. substantive: substantive rights of the people are affected. procedural: controls the behavior of government bodies as they establish and enforce the rules of substantive law. natural law: unjust laws of political authority should not be enforced or obeyed. legal positivism: judge should follow the law as it’s written. legal realism: law in action and more real-world. -federal statute will defeat a federal admin reg. Powers not granted to the fed gov by Constitution: retained by states. Remanded= don’t know who wins yet, additional consideration needed. Admin reg has the same legal effect as a Chp3: The Anatomy of a civil case: 1. the pleading (plaintiff makes a complaint and defendant is served) 2. filing of the answer (defendant must file an answer 20 days federal court and 30 days state court, if defendant does respond then default judgment is made and plaintiff wins.) 3. counter-claim (defendant makes claim on plaintiff or blames third party) 4. motion to dismiss case (or demurrer) 5. discovery (depositions, interrogations, request for docs, request for mental or physical exam) 6. pre-trial motion (summary judgment—trial by paper/affidavit-mini trial) 7. pre-trial conference hearing (mandatory settlement conference) 8. the trial (opening statement of plaintiff’s attorney, opening statement of defendant’s attorney, presentation of the plaintiff’s case, presentation of defendant’s case, rebuttal witnesses, closing argument for plaintiff, closing argument for defendant, rebuttal closing argument of the plaintiff, judge reads jury instructions to the jury, deliberation by the judge, announcement of verdict.) 9. trial and post-trial motions (motion for directed verdict, motion for judgment notwithstanding the verdict, motion for new trial). 10. appeal (determine whether an error of law was made during trial, appellate court) 11. enforcing the judgment/collection (plaintiff wins—writ of execution and garnishment). Motion for directed verdict “takes the case away from the jury.” Most formal ADR: arbitration. A court can enter a summary judgment if both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied. Federal courts have sole jurisdiction in cases involving patents, copyrights, & bankruptcy. Appellate courts review the records of cases to determine if a lower court committed an error. Federal trial courts = district courts. State trial courts decide questions of fact and questions of law. Small Claim Courts (<$7,500), Municipal Court
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