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Introduction to Business Law Week 1 Notes

by: Elaina Palacki

Introduction to Business Law Week 1 Notes BSL 212

Marketplace > University of Miami > Business Law > BSL 212 > Introduction to Business Law Week 1 Notes
Elaina Palacki
Introduction to Business Law
Mark Shapiro

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Introduction to Business Law
Mark Shapiro
Class Notes
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This 4 page Class Notes was uploaded by Elaina Palacki on Sunday August 30, 2015. The Class Notes belongs to BSL 212 at University of Miami taught by Mark Shapiro in Summer 2015. Since its upload, it has received 68 views. For similar materials see Introduction to Business Law in Business Law at University of Miami.


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Date Created: 08/30/15
Business Law Class 1 notes were deleted from my computer will be uploaded soon August 27 Class 2 The transition where the plaintiff files in state court and the defendant wants to be in federal court Party can remove case from state court to federal court if the action could ve been brought in federal court in the first place OR defendant has own claims which are sufficient to satisfy federal court jurisdiction how you choose whether state or federal court to bein how you choose which state to have the litigation in where you reside you are subject to sue in that state where a contract is entered into you are subject to sue in that state a defendant may be sued when they are in serving process in that state serving process is where the defendant is handed the notice that he will be sued long arm statute a party is subject to sue in a state if they commit a tort in that state which is a failure to exercise reasonable care where there is a duty to exercise care Example is the defendant has a car accident in a random state then he can be sued in that state long arm statute if you conduct business within a state with at least minimum contacts you are subject to sue in that state you have to have enough contact and business with the state to be able to sue there If you are sitting on the computer doing with business with someone from Oklahoma this is not good enough If you as a Florida customer on a website with someone from Oklahoma and you want to sue them then you can conduct in your state if they collected money BUT if it is purely informational and you want to sue them then that website cannot be sued in your state An advertisement also could not be sued in your state because this is not enough contact which county you can sue in Plaintiff lawyer will draft complaint laid out in numbered paragraph with facts related to the agreement two people had that caused the sue having a contract and screwing it up you can sue for breach of contract when process server informs the defendant and hands them a copy of the complaint basically the defendant is made aware they are being sued If you hide from receiving the document that you are being sued you can also be sued for evasion of service After alerted that the defendant is being sued they have to respond If they don t respond within 20 days there is a default against you where all allegations are deemed true and the defendant automatically loses reason why you did not respond to the document Response Pleadings can either be a motion to dismiss or an answer assumes allegations of the complaint are true but even so it says the complaint fails to state a legally recognized cause of action basically its just not something you can sue about 39 admit allegations deny or you just don t know files answer and then asserts separate series of allegations basically he is now suing her both sides have to come to the same agreement and compromise After counterclaim is filed the original plaintiff now has the respond Process by which you can obtain information related to your claims discovering all information that relates to the claim Types of Discovery series of written questions seeking written answers by a party under oath asks questions and the other has to respond under oath request of documents examples checks bank records receipts cell phone records emails eXpensive and tedious to get all information if you don t the court can give you sanctions request to admit the truth of a factual statement typically answered by lawyers not under oath Courts created rules that lawyers who deny something they know is not true they have to pay the other side s legal fees for that issue One on one interview between a lawyer and someone with knowledge of what happened under oath with a court reporter present that records all information said in the room whatever witness says is proof in the case party requires another party to undergo a medical exam in a contract dispute a medical exam would not be necessary but if there was a tort dispute where there was a car accident and someone has a head injury then here would be a medical exam Cottage industry of doctors that are tied in to plaintiff side or defendant side that particular doctor tends to be conservative or liberal with their opinions depending who is paying them definite downfall in the legal system Party can file a motion to avoid trial after discovery because there are new issues of fact in dispute about facts that matter such that I am entitled to win as a matter of law Example There is no proof that someone paid someone for their services therefore it is obvious that the person was not paid and summary judgment would be granted But if there is still a fact dispute then summary judgment could not be granted Even if one person is not believable they can not grant summary judgement because they cannot make biases against people because that is for the jury to decide When going to trial you pick a jury both sides have a lawyer and are introduced to a panel of jurors and ask them questions that relate to issues in the litigation jurors are deselected for cause or a peremptory challenge cause past that makes juror fundamentally unable to render a fair decision such as not speaking English or being in a rape cause and having been raped peremptory challenge lawyer striking juror for any reason besides race or gender each lawyer have a set number of strikes most likely jurors to be stricken are ones that are very opinionated and talkative where one of the sides will find you undesirable both sides have to agree on jurors Jury has to come up with unanimous decision called mistrial if no decision is reached and the case has to start over again Jury comes to a loser can file a motion for a new trial says judge screwed something up and that is was unfair or file a motion for judgment not with standing the verdict says yes I lost but no reasonable jury could have reached the result it reached


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