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Date Created: 10/03/15
Chapter 2 Notes Role of the Courts Mainly to interpret to apply law not to make it sometimes courts do make common laws Judicial Review 9 Supreme Court Judges can look at what the legislation courts are doing established in Marbury vs Madison Landmark case Courts California State W CA Supreme Court only 1 Higher II S Supreme Court only 1 CA Appelate Court have 4 Appeal II S Court of Appeals only 12 Superior Courts Trial II S District Court Specialty Courts Specialty Courts Traffic deals with tickets US Tax Court handles audits DivorceDissolution of Marriage Bankruptcy Courls bankruptcy ProbateDeaths Assets Guardianships Patent Law amp Copyright Law Small Claims if someone wishes to appeal appellate court is obligated to hear the case if someone wishes to appeal after appellate court to the Supreme Court the Supreme Court is NOT reguired to take the case Appellate Courts questions of law not fact Jurisdiction power used that can enforce a judgment Concurrentjurisdiction both courts have power ex A 1St amendment case Exclusive jurisdiction one court has power ex Bankruptcy case only federal court can take that case if court makes an order that they didn t have authority the Marshall does not have to follow order and judgment does not have to be forced State courts have power over specific subject of the lawsuit amp the parties people of the lawsuit State has jurisdiction when person is in that state at time of service of process Federal Courts will not take divorce case because it is a state specialty case because it is exclusive to CA state court ONLY cases that are heard in the state court system must stay in state system amp cannot crossover to federal court system Only sometimeswill cases move from CA state supreme court to US Supreme Court Rule of four if one case gets 4 Supreme Court Judge votes to be heard it is more than likely to get heard if immediate action is need US Supreme Court will automatically take the case from trial court How Many Judges always an odd number US Supreme Court 9 see list of appeals they want to hear that year usually around 100 of 2000 California Supreme Court 7 Appellate Courts 3 state and federal appellate courts both have 3 each some states do not have state supreme courts CA does because it has 4 appellate courts so there needs to be a FINAL decision so they all rule the same way the states that only go as high as Appellate Court its actually called their Supreme Court Writ of Certiorari Supreme Court can issue an order to take case from a lower court State has jurisdiction over the person all people within state boundaries all people located in state at time of quotservice of process legal docts handed to defendant long arm statute person who has an accident while driving car in state minimum contact a person or company doing regular ongoing business in the state in rem jurisdiction jurisdiction over real property located within the state State has jurisdiction over the subject any type of case except federal cases ex Bankruptcy or tax cases Federal Courts have jurisdiction over subject all federal issues diversity of citizenship cases ONLY if they are over 75000 federal issue no minimum dollar amount always filed in federal court Diversity of Citizenship can be filed in a federal court if plaintiff and defendant that live in different states only if the remedy amount is more than 75000 under that and it has to be filed in state courts Long Arm Statute a court can exercise personal jurisdiction over certain out of state defendants based on activities that took place within the state Federal question cases based on federal questions a federal court will apply a federal law Standing to sue sufficient quotstakequot reason in which why a party seeks relief through the court system Justiciable controversy controversy that is real and substantial NOT hypothetical or academic Question of fact what really happened what the facts are Question of law application or interpretation of law ONLY a judge NOT a jury can rule on questions of law ADR Alternative Dispute Resolution means of setting their disputes usually more flexible resolved quickly more private Plaintiff NOT allowed to serve process quotWin by Defaultquot if defendant doesn t show up Long Arm Statute exception if someone comes to CA and gets in car accident CA will have jurisdiction no matter where they live 0 Only applies to car accident cases Minimum Contact state court has jurisdiction over anyone that has quotminimum contact personcompany doing regular ongoing business in that state Washington Apples doing business in CA something s wrong with the apple CA will have jurisdiction because of the quotongoing businessquot In rem jurisdiction quotmore ofjurisdiction over real property located in state CA has authority over ALL pieces of LAND in CA The state with the property gets the jurisdiction Judgment only for a land remedy either land or money from the sale of the land FRL 201 3302011 Chapter 1 Administrative Agency organization created by a statute that looks over an area where people need to be regulated Ex of Administrative Agency DMV oversees an ongoing activity driving Other Examples IRS EDD FAA Statute another word for quotBillquot Common Law Court Decisions Originated in England the King established llThe Courts The Courts 1 Law Courts money as remedysolution Juries allowed 2 Equity Courts other remedies No Juries Cease and desist order injunction and specific performance of contract Yearbooks Judges kept record of previous decisions in hopes of being consistentPracticeDoctrine Doctrine of Stare Decisis Latin meaning llto stay with decisions Binding Authority previous decision that MUST be followed in future cases Case of First Impression no case as a precedent no previous decision made no basis for judge Decision often made by concept of fairness or from a previous case in another state or country Persuasive Authority When a decision is made in another state the state DOES NOT HAVE TO follow but CAN use the previous decision as a precedent to help them make their decision Legal Precedent a decision that will be followed in the futureFirst Example Overturn is the exception The older decision is overruled and a new decision is made Usually decision is changed because society has changed so much since previous decision that the judge might want to stay current A lower court CANNOT overrule a decision made by a higher court Overturn is possible at same Court level ONLY Legal Approach Issue What is the legal dispute Rule What are the rules that apply to this issue Application the Why in the decision that s made Conclusion The Final Decision PPN LAW CATEGORIES right and duties that exist between persons usually when a person s rights are violated deals with all criminal actions wrongs committed against the public as a whole prosecuted by public officials negligence laws crucial importance of behavior all laws that define describe regulate and create What is the procedural to get the substance Method of forcing the rights established by substantive law Finding a case citation 135 CA 2d 722 the location in book Case Title Plaintiff vs Defendant bringing lawsuit defending themselves quotRight to Appealquotpeople have right to appeal case in hopes of changing court s decision On Appeal Appellant vs Appellee person appealing respondent Statutes takepriority over common law Court Decisions Opinion on appeal Unanimous all judges vote for same side Concurring additional opinion that doesn t affect main decision Dissenting voiced opposition that does not affect main decision Majority Rules Decision Jurisprudence how differences in how different schools approach law characteristics can affect judicial decision making SCHOOLS that follow a specific prudential thought views laws are for promoting justice in society Most likely to depart from past r schools of thought more realistic as they take into acct customary practices and circumstances in why transactions take place TYPES OF LAWS law enacted by legislative body statutes passed by congress and state legislature includes local ordinances law rule or order passed by a municipal law expressed in constitution if this law is challenged it will be declared unconstitutional model laws for states to consider adopting conflicting state statutes frequently made trade and commerce among states difficult 1St uniform law was Uniform Negotiable Instrument Law 1896 NCCUSL National Conference of Commissioners on Uniform State Laws group that originally drafts the uniform laws for the states to consider adopting rules orders decisions of administrative agencies rules of law announced in court decisions lljudgemade lawquot doctrines and principles announced in cases covers all areas NOT covered by statuary or administrative law part of common law quotNational lawquot applies only to the citizens of that nation or society system of moral and ethical principles FEDERAL AGENCIES exist within cabinet department of executive branch subject to authority of president power to appoint and remove officers from federal agencies ex FDA w a i w iquot president doesn t have as much power because officers serve FIXED terms and cannot be removed without just cause ex SE C FTC FCC m created parallel to local agencies ex State Pollution control agency Environmental Protection Agency state agency local agency STATUTES applies to ALL states applies only to within state borders Breaches breaks or fails to perform usually a contract Remedies a quotfixquot money land or items of value Statutes of Limitations fixed time periods for specific cases Public Policy govt policy based on societal values Alleges claims Syllogism logical relationship involving a major premise a minor premise and a conclusion Judge vs Justice Judge member of Court of Appeals state s highest court Justice member of trial court TYPES OF OPINIONS Per curiam quotof the court En banc llin the bench