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This 7 page Class Notes was uploaded by amanda rodgers on Sunday October 4, 2015. The Class Notes belongs to LS 3323 at University of Oklahoma taught by Kathleen Smith in Summer 2015. Since its upload, it has received 16 views. For similar materials see Legal Environment of Business in Business at University of Oklahoma.
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Date Created: 10/04/15
ETHICS o Moral minimum 0 Duty based ethics 0 Outcome based ethics CHAPTER 1 O O O 0 Common Law Case Law Rules announced in court decisions American law is based one early English common law system Courts of Law award money or property as compensation for injury or loss Courts of Equity award nonmonetary based on fairness speci c performance injunction rescission of contract Hierarchy of laws US Constitution prevails over I Federal statutes over I State constitution over I State statutes over I Local ordinances over I Administrative rules over l Common law Stare Decisis quotTo Stand on Decided Casesquot under this doctrine judges are obligated to follow the precedents established within theirjurisdictions makes the law more stable and predictable Civil Law legal rights and duties between people or people and government Criminal Law addresses wrongs committed against the public as a whole criminal defendants are prosecuted by public official on behalf of the state NOT by their victims or other private parties jurisprudence study of legal philosophies and how they affect judicial decisions Natural law theory legal system re ects universal moral and ethical principles ex murder is wrong parents are responsible for their children Legal realism takes into account speci c factors of each case as well as social and economic factors Legal positivism no higher law than that created by government a law formed according to the rules of society at a given time is valid and should be followed 0 Historical school law is comprised of historically workable principles CHAPTER 2 o jurisdiction quotPower to Speak the Lawquot power of a court to hear and O decide a case a court MUST have jurisdiction before it can hear a case Comes from the constitution or statutes and nowhere else This is the law that gives courts power to review a case Each court must have TWO types ofjurisdiction and a venue before they can hear a case jurisdiction is the fair way to call a person before the court Court must also have jurisdiction over the subject matter of the dispute ln Personam Personal jurisdiction jurisdiction over a person defendant required before a defendant can be hauled into court aka they have to tell them why they re being called before the court Right of a court to subject a person to appear or ability to enforce its ruling over a person l corporations are persons Courts have personal jurisdiction over persons or entities residing in or doing business in a particular location Court MUST have personal jurisdiction over the parties before it can hear a case plaintiff can consent 0 ln Rem jurisdiction over property disputes applies wherever the property at issue resides 0 Subject Matterjurisdiction SMj refers to the limitations on the types of cases a court can hear Courts can get jurisdiction from the constitution or statutes Ex bankruptcy courts can only hear issues of bankruptcy Courtsparties never waive SM 0 Long Arm Statutes laws that dictate when a nonresident defendant can be required to appear before the court of another jurisdiction courts have jurisdiction over corporations where incorporated have main office or do business must be demonstrated that defendant had minimum contacts with the state to justify the jurisdiction l defendant must have enough of a connection to the state for the judge to conclude that it is fair for the state to exercise power over defendant designed to dictate when a non resident defendant can be hauled into a court to answer Courts look to minimum contacts the more contacts or interaction you make in a state makes it more fair corporations are persons in the eyes of the law and can be hauled into court in either the place they are incorporated or the place of doing business where the standard is the stream of commerce same as minimum contacts 0 Zippo Test Sliding Scale determines when the exercise of personal jurisdiction over an out of state internet based defendant is proper Passive never sufficient contacts lnteractive exchange info may be enough depending on level of interactivity and commerciality and amount of contacts owner has developed in forum Commercial substantive business over internet and customers anywhere can immediately engage business o Original jurisdiction cases are rst heard courts of record o General jurisdiction virtually unlimited as to what kind of cases can be heard state trial courts Federal district courts oAppellate jurisdiction record review only matters of law o Limited jurisdiction limited to certain subject matter probate worker s comp bankruptcy small claims 0 Venue court with jurisdiction closest to location where incident occurred Can change venue for pretrial publicity or if the venue would cause an undue hardship on defendant Forum selection clause clauses in contracts that allow parties to predetermine which court will hear a dispute if one arises under contract o Standing to sue party must have a suf cient stake in the controversy in order to assert rights o Ripeness issue must not be hypothetical academic or moot o Federal Court Jurisdiction authorized by constitution jurisdiction over federal crimes bankruptcy antitrust violations federal question diversity of citizenship o State Court Tiers Tria courts limited or general jurisdiction courts of record judges andorjury one in every county Appellate courts typically limited to questions of law review briefshear oral arguments can appeal to highest state court State supreme court o Federal Court Tiers US District Courts trial courts federal cases typically originate here trial courts of record juries testimony evidence Us Courts of Appeal Circuits 13 in fed system hear appeals from US district courts US Supreme Court decisions made here are nal 1Writ of certiorari asking SC to hear a case They only hear about 100 cases a year cases here have huge impact 2 Rule of 4 4 justices must agree to hear a petition before a Writ is granted 0 Negotiation no 3rd party facilitator parties attempt to work out disputes focus is on parties wishes for resolution 0 Mediation neutral 3rd party mediator who hears both sides separately and together recommends a nonbinding solution self regulated process helps parties come to a satisfactory con ict resolution 0 Arbitration impartial 3rel party arbitrator hears dispute where evidence and testimony is presented a reward is rendered usually binding and is more formal than other methods 0 Early neutral case evaluation neutral party hears dispute assesses strengths and weaknesses 0 Mini trial both sides argue to panel neutral party acts as judge who gives an opinion on how the case might fair in court 0 Summary jury trials present evidence and arguments to jury that gives verdict may convince parties to settle 0 Online dispute resolution system implemented to resolved internet speci c disputes CHAPTER 3 Pleadings O O Complaint led by plaintiff l names and parties to the suit facts and law that apply remedy requested Court will issue SUMMONS which noti es defendant of lawsuit and rights Complaint served on defendant service individuals or corporations Answer led by defendant l admitsdenies allegations asks af rmative defenses Counter claim defendant alleges claim against other party plaintiff must then answer that claim Default judgment entered for plaintiff if defendant does not answer Pretrial Motions O O 0 Motion to dismiss improper service no jurisdiction failure to state a claim Motion forjudgment on the pleadings only if no dispute over facts no additional evidence considered Motion for summary judgment request for judgment in party s favor only if no dispute over facts may include additional evidence l can be made at any time before or during trial Discovery 0 O O O O Depositions oral question and answer witness or party lnterrogatories written questions parties only Production of documents eevidence Request for admissions written questions to admit facts Physical or mental exam insanity defense or extent of injuries parties not witnesses The Trial 1 2 3 CDNOW 9 right to jury guaranteed by 7th amendment can be waived and have judge decide case jury selection or voir dire quotto speak the truthquot peremptory challenge for cause challenge critical factor in most cases opening statements overview of evidence with no argument sets the tone plaintiff s case party with burden of proof witnesses with direct and cross examination exhibits entered l motion for directed verdict defendant s case rebuts plaintiff s case only admit relevant evidence not allow hearsay jury instructions informs jury of applicable law jury deliberations jury reviews facts and law verdict ndingsdamages burden of proof civil preponderance of evidence or criminal beyond a reasonable doubt entry of judgment or sentence Appeal 0 must have grounds le notice civil trials either party can appeal criminal defendant can appeal o centers on briefs arguments o court can af rm reverse remand or modify CHAPTER 4 0 each branch of government acts as a check of power on the others executive president veto and appoint judges legislative congress loverride veto and con rms judicial nominations judicial supremefed courts l void unconstitutional acts by other branches 0 full faith and credit clause ensures the rights established under deeds wills contracts and the like in one state will be honored in all others civil cases only 0 commerce clause governs movement of goods gives congress power to regulate interstate commerce inter between several states intrawithin a state 0 dormant commerce clause negative side of commerce clause state regs that burden interstate commerce violate commerce clause 0 privileges and immunities clause states must treat citizens of other states the same as its own citizens must have substantial reason to treat residents of other states differently ex cant prohibit a Texan from buying land or getting a job in OK 0 police powers regulate private activities that promote public health order safety morals and welfare Balance with Commerce Clause state law enacted under police powers ispresumed valid even if it impacts interstate commerce BUT if it substantially interferes it will likely be unconstitutional trailer lengths internet prescriptions 0 Freedom of speech Right to criticize gov critical right to founders Symbolic speech protected expressive gestures movements clothing symbols of protest like ag burning Restrictions libel written slander spoken 0 Commercial speech not as protected as noncommercial speech made by businesses usually in ads or printing Restrictions promote substantial govt interest directly advance said interest no more restrictive than necessary ex bad frog brewery 0 Freedom of religion Establishment clause prohibits state sponsored religion promotionpreference for any religion and imposing signi cant burden on religion Free exercise clause prohibits interference with exercise of religion Search and seizure guarantees a person is to be secure in their persons houses papers and effects Search warrants must state exactly what is to be searched and what is being looked for Exceptions are emergencies and automobiles Business context corporations are persons warrant needed for records of attorney accountant The standard for probable cause is lower Exceptions contaminated food mining explosives highly regulated businesses Procedural due process government must give a person proper notice and the opportunity to be heard Requires the person to have at least an opportunity to object to a proposed action before an impartial decision maker Substantive due process protects a persons life liberty or property fundamental rights against certain government actions regardless of the fairness of the procedures used to implement them Limits what the govt may do in its legislative and executive capacities Only when state conduct is arbitrary or shocks the conscience will it rise to the level of violating substantive due process Fundamental right will be protected unless there is a compelling govt interest like protecting a child l voting right to marry right to procreate practice religion etc Selfincrimination cannot be made to testify against yourself Business context businesses are not natural persons and are not protected the same way individuals are They cannot plead the fth and must turn over records if subpoenaed Equal protection clause 14th amendment state cannot deny to any person within its jurisdiction the equal protection of the laws Strict scrutiny any government activity that inhibits a fundamental right Exsegregation Intermediate scrutiny discrimination based on gender or age Exmiitary service Rational basis test applied to classi cation not involving a suspect or protected class aka economicsocial welfare Must be rationally related to govt objective Eximmunizations CHAPTER 10 O O O Misdemeanors less serious violation local imprisonment andor ne Felonies more serious violation lengthy prison term and large ne Actus reus guilty action action or failure to act pulling a trigger or failure to report child abuse Mens rea guilty mindintent subjective element recklessness negligence strict liability Robbery taking property by force or fear OO Burglary entering dwelling with intent to commit a felony Larceny stealing or theft taking property with intent to keep it White collar crime business dealings open door for business related crimes RICO organized crime money laundering aka concealing illegal gains Embezzlement stealing funds from employer Fraud using mail or internet to get money by false pretenses Insider trading using private info to get an unfair advantage Defenses Selfdefense defending self others or property Insanity mental illness interferes with ability to understand acts Duress acting under threat of harm Immunity not to be punished in exchange for info often a part of a plea bargain Cyber crime fraud identity theft phishing hacking cyber terrorism child porn stalking