Popular in Legal/Ethical/Regul Busn
verified elite notetaker
Popular in Business
verified elite notetaker
This 6 page Class Notes was uploaded by Sophie Levy on Sunday September 11, 2016. The Class Notes belongs to LGST 3010 at Tulane University taught by Sanda Groome in Fall 2016. Since its upload, it has received 9 views. For similar materials see Legal/Ethical/Regul Busn in Business at Tulane University.
Reviews for Week 2
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/11/16
Ch. 2 cntd Tuesday, September 6, 2016 9:34 AM First Amendment issues: - Defamation : intentionally negatively impacting someone's character; must be published (not necessarily in a book, but out to the general public) –must be untrue! ○ Slander: spoken ○ Libel: written - The right to protest… with a permit ○ Aka in New Orleans there's a local ordinance that extreme religious groups could not assemble on Bourbon street– to protect them from possible angry drunk people - Advertising ○ Ex: Bad Frog Beer: federal appellate court ruled that a state's decision of regulating use of a beer logo that that they deemed offensive was unconstitutional Fourth Amendment: protects you from illegal search and seizure on your person and property - Search warrants ○ includes office, car, etc. ○ For state government to make a search, they must demonstrate that they have probably causethat justifies a search warrant, then they put it into an affidavit fo, then submit it to a judge ○ They want the warrant to be general to give them more access ○ With a search warrant, anything you find, you can take - Stop and Frisk Laws ○ Allows for discrimination and profiling - Exigent circumstances ○ ex: if they hear someone screaming, they can enter Fifth Amendment: the right to remain silent; you do not have to incriminate yourself - Historically meant to be verbal testi–ycounts when you're on the stand and when you're being interrogated - Does not protect against DNA samples, lineup identification, etc. and does not apply to businesses Fifth Amendment: the right to remain silent; you do not have to incriminate yourself - Historically meant to be verbal testi–ycounts when you're on the stand and when you're being interrogated - Does not protect against DNA samples, lineup identification, etc. and does not apply to businesses - Gives youn o double jeopardy: cannot be tried twice for the same crime - Due Process, Takings Clause, Imminent domaie nt, . Fourteenth Amendment: Bill of Rights also applies to state and local governments - "Congress cannot make laws"… federal or state Congress? - Substantive Due Process: all laws should be applied legal to all people - Procedural Due Process: all people have access to the opportunity to be heard in the situation that they feel like their life, liberty, or personal interest is being denied by the government - Equal Protection Clause : everyone will be protected equally under the law ex: Gay marriage - Nowhere in the constitution does it say anything about the right to privacy ○ Created in the Griswold 1965 Case: law that said it was illegal to prescribe contraceptives, even to married couples § Supreme Court called in unconstitutional because what people do in the privacy of their own home should be private ○ Main argument in Roe v Wade, gay marriage cases, etc. Ch. 3 Tuesday, September 6, 2016 10:17 AM State Courts and Federal Courts - First: Trial Court ○ "where all the fun stuff happens" aka witnesses, jury, judge ○ Lower courts, district courts - Second: State Appellate Courts / Federal District Appellate Courts ○ If you want to appeal, you have to have an appealable issue –a bad testimony or evidence ○ Not witnesses; all done on briefs - Third: State Supreme Court/ Federal Supreme Court ○ Mostly briefs, but oral arguments can sometimes be accepted ○ Most people who ask for an appeal get denied ○ Supreme Court cases are mostly about personal rights – things that affect people's day to day lives ○ State Supreme Courts are the end -‐all-‐be-‐all in the state; if there is a state disagreement, it is moved to the Federal Supreme Court Subject matter jurisdiction: tells you if you will be in state or federal court - Unless the constitution says it is governed by federal law, it will be in state court ○ Property law, family law, etc. - Ways to get to Federal Court: ○ Violating federal law/constitution ○ Suing the United States: IRS, altercations with government workers ○ Diversity Jurisdictio: n when you have state court claim, but the parties involved are from two different states § AND amount in controversy is over $75,000 State vs. Federal Court - Applies state law vs federal law - Erie Doctrine: applying state law in a federal court - Subject Matter Jurisdiction: authority of a court to hear a case based on subject matter ○ Federal court moves faster than state court ○ Federal courts are more conservative (generally) ○ Injured party, plaintiff,typically files in state court § Easier to get a jury § Give out more money than federal courts matter ○ Federal court moves faster than state court ○ Federal courts are more conservative (generally) ○ Injured party, plaintiff,typically files in state court § Easier to get a jury § Give out more money than federal courts § Defense lawyer will take a look, see where everybody is from, and determine if it should be a federal case □ Removal: filing to have the case removed from state court; must be done within 30 days - Personal Jurisdiction: authority to bring you into court ○ Gotten by agreement Can get jurisdiction over the defendant by using property ○ ○ The law says that the state must have sufficient minimum contact on the defendant ○ Long arm statut: where the "long arm" of the law reaches out and grabs you back ○ Ex: Worldwide Volkswagen: a family bought a Volkswagen from this company that operated up in New York § The family was driving the carcountry and got into a car accident in a different state § They filed a suit against several parties, including the company for a car complain § Worldwide Volkswagen said that Oklahoma doesn't have jurisdiction over them because they have nothing to do in Oklahoma § The court decided that Oklahoma does not have jurisdiction, because the company argued that they had no idea the car could end up in Oklahoma Venue: - Venue will be wherever the defendant is a citizen - If its an accident, it could be where the accident occurred - If it’s a contract, it may be where the breach occurred or where it was signed - Car accident example: Car accident in New Orleans and someone who is a Baton Rouge resident sues the New Orleans resident ○ New Orleans is proper because the defendant is from New Orleans and that is where the accident happened ○ If neither of the people are from New Orleans, the appropriate place would be where the defendant is from or in New Orleans - Forum non-‐convenience: proper to sue here but would be better to sue somewhere else; up to the plaintiff - In Criminal Court, venue will be appropriate where the crime occurred ○ If neither of the people are from New Orleans, the appropriate place would be where the defendant is from or in New Orleans - Forum non-‐convenience: proper to sue here but would be better to sue somewhere else; up to the plaintiff - In Criminal Court, venue will be appropriate where the crime occurred Ch. 4 Thursday, September 8, 2016 10:01 AM Stages of Litigation: figuring out if you really want to sue; most are similar between state and federal court - Make sure the person filing the lawsuit has standing: the party starting the claim must have suffered an injury in fact.. Blah blah ○ Means that you have to be the injured party to have standing ○ Intermediate family has standing to sue ○ Amicus briefs: don’t have standing to sue, but have personal interested; they will file a brief to give their opinion - Pleadings: drafting and filing the complaint ○ Who are the parties ○ Where there is jurisdiction What happened during the incident? ○ § Likely a spin on the facts ○ List damages (property damages, doctor bills and treatment past/future, work compensation) - Prayer: "suck-‐up statement" asking the court to grant them whatever that ask for; apologizes in advance if something is forgotten in the complaint Statutes of Limitations - Usually done by state - Ex: Louisiana has a one year statute of limitations on imif you don't file within the year, you lose your claim
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'