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by: Coralie Doyle


Coralie Doyle
GPA 3.84

Paul Breaux

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Paul Breaux
Class Notes
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This 13 page Class Notes was uploaded by Coralie Doyle on Tuesday October 13, 2015. The Class Notes belongs to BLAW 3201 at Louisiana State University taught by Paul Breaux in Fall. Since its upload, it has received 38 views. For similar materials see /class/222652/blaw-3201-louisiana-state-university in Business Law at Louisiana State University.


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Date Created: 10/13/15
BLAW 3201 Exam 2 CH 2 Ethics Types of Ethical Theories Fundamentalism central authority or set of rules for guide to ethics Relativism actions must be judged by what indiv subjectively feel is right or wrong for them Situational Ethics judge someone s actions by putting yourself in their situation Utilitarianism moral actions are those that produce the greatest net pleasure Deontology actions must be judged by their motives and mean as well as their results Social Ethics Theories focus on a persons obligations to other members in society and also on the indiv rights and obligations within society Social Egalitarian believe that society should provide all its members w equal amounts of goodsservices regardless of their contributions Distributive Justice stresses equality of opportunity rather than results Libertarians stress market outcomes as the basis for distributing society s rewards Know one sentence ab each theory for 3 or 4 question on the test Breaux s fav the way you determine if something is ethical would you do it on TV you have to use common sense and discretion with situations the law works on comm on sense and fairness Ch 7 Intentional Torts Tort noncontractual wrong Types of Intentional Torts AssaultBatteryhear this charge in a criminal law writeup Assault putting someone in fear of bodily harm Battery actual bodily harm to someone assaultthe victim must be aware of what s going on now you see a crime assaultbattery can also be a tort civil suit Defenses end of chlegal argument to excuse your conduct basically self defense or defense of others same as in criminal cases Consent to Batterysports sometimes even if you get an illegal hit you might not winit must be grossly obvious and intentional or if they are permanently injuredif their career is over or they are seriously hurt Defamation Slander Don t have a right to go around saying untrue things about people Intentional in iction of emotional distress Privacyinvasion of privacy 1 lntrusion listening to your phone calls peeping tom etc What are some things us or our parents view as being private income and medical records 2 Appropriation right of publicity you can t use someone else s name for your benefit 3 False Light portraying someone as something or doing something they really didn t do 4 Public Disclosure of Private Facts not defamation expectation of privacy LA State Constitution rewritten in 73 74 and was the 2nd state to have a written part about right to privacy bc some of the delegates were afraid of what computers were going to do to society Malicious Prosecutionrare cases False Imprisonment Property Rights Trespassing rights of landowner depend on status of person trespassing Disparagement defamation of a productex Oprah said she d never eat beef again bc of mad cow diseasebeef industry sufferedthe Texas cowboys sued her Ch 8 Unintentional Torts Negligence Seale v Morris Facts Morriscountry woodsm an fishing left his pickup truck under a tree near the river driving back towards the highway on a dirtgravel road only going 10 mph He notices a little green snake on his shoulder He runs the stop sign and hits Morris Question is whether he is negligent lTrial Court said he was negligent 2 Appellate Court reversed 3LA Supreme Court remanded it at first Said he wasn t negligent but should be liable still 4LA Supreme Court had a rehearing and found him negligent and liable back to Trial Court s decision Need facts to determine negligence CausationProximate Cause Necessary link in a claim must have link from facts to dam agewhat caused the damage Even if gross negligence has occurred it might not be the cause of the damagedeath Contributory Negligence defense a defendant asserts if plaintiff contributed anything to the case speeding and involved in an accident then they wouldn t get anything don t have any more in states Comparative Negligence percentage of whose fault it is plaintiff gets percent if they are a little negligent not just for plaintiffdefendant applies to multiple defendants problems with this What if one defendant is negligent and one is intentional tort Assumption of Risk not used anymore you go into a situation knowing something might happen Product Liability Not based on negligence concept Trespassing If someone gets hurt on your property common law states say your obligation to do something for that person depends on their statusinvitee licensee or actual trespasser in LA you can t have any danger on your property for anyoneif something happens you face liability exposure Cases in Book Intentional Torts Phillip Morris v Williams Husband died from lung cancer and smoked Marlboros his whole life Jury awarded punitive damages to Wife Phillip Morris appealed Went to Supreme Court Was there a reasonable relationship between the smoking and death and wife Wife not directly affected by law suit Remanded it bc damages were too excessive Vapghnn v WalMart Family went to WalMart and the girl and friend walked over to side register and bought a pack of gum The receipt was in the bag but change was not in her pocket yet An employee asked to look in her bag bc she thought she was stealing She asked them to wait at the front of the store for her mom False imprisonment claim Sued WalMart for 500 each for brother sister and friend Got reversed Defendant W alMart won In Moodle other Walmart case plaintiff won Why did WalMart win bc she wasn t held for longer than 60 min only had to wait in front of store Dispute over whether they were told they could leave or not or restrained Hall v Buck Defamation of character Buck sues his employer for 19 mil Hired then wages lowered then fired Hired a PI Found he was fired under false pretenses Vanna White Case v Samsung Circuit City had a commercial showing future Game Show Wheel of Fortune had robot being Vanna White Intellectual Property Appropriation case They didn t ask her to use her likeness on the commercial She lost all of the cases Appeal said parts she won and parts she lost iMultiple causes of action under CA law she lost 2 statutes and won 1 statute settled out of court after that Unintentional Torts Saldano vO Daniels There was a saloon Across the street was a hotel Fight occurred Son ran across the street to get the front desk to call the police and they wouldn t do itprivate phone iguy in fight dies Trial court said they didn t have to let them use the phoneSaloon won at trial court Athere was no duty to aid Appealedthey reversed bc they saw that the person at the front desk worked at the bar phone was public defendant s injuries were undisputed if could have used phone guy might not have died Sent to jury trial Love v Hardy s Restaurant Love went to restaurant w mom Went to bathroom slipped on water hurt leg had surgeries sued Won at trial court Hardy s appealed plaintiff won again No one had taken care of the spill in the bathroom Slip n Fall Case LA uses Duty Risk Analysis to determine cases Moodle Cases Harris v Pizza Hut Family was eating at Pizza Hut There was a security guard that was there but he was eating at a booth not facing the door Two men came in to rob Pizza Hut They told the guard not to move he did anyway to try to get his gun The two men started shooting Two random people got shot and one died Trial court favored plaintiff Then appeals court reversed Then Supreme Court judged favor in plaintiff Miller v Loyola Law student took class at Law school at Loyola Claims class failed to provide instruction on ethics and legal issues The teacher didn t order materials on time changed time of class used questions from BAR on her exams Student sued school Educational malpractice Teacher was negligent Courts don t Pizza Hut v Lavergne Parents suing Pizza Hut bc sauce was too hot 3 year old grabbed sauce bc waitress put it near child Comparative negligence 70 to pizza hut and 30 to parents Freddie Lee v Brown v Krewe Mardi Gras parade Hit in face by coconut Trial court says wasn t liable Appealed and won against Freddie Lee Krewe not involved second time Law that people on floats aren t liable for tossing things Unless it s gross negligence Intentional Torts Tort law common law Laws come from Restatement of Torts Torts are the Intent to Harm a person harm the right of dignity harm to property harm to economic interest Harm a person Assault Battery False Imprisonment Infliction of Emotional Distress Harm the right of dignity Defamationlibelslander Defenses to Defamation absolute privilege conditional privilege constitutional privilegeapply to publications Invasion of Privacy Appropriation unauthorized use of nam elikeness for benefit Intrusion unreasonable offensive interference W solitude of another Public Disclosure of Private Facts False Light Harm to property Real Property Trespassing land Nuisance Personal Property Trespassing to personal property anything you own Conversion trying to control someone else s property Harm to Economic Interests Contracts Disparagement false statements about someone FraudIVLisrepresentation misrepresenting facts in order to control someone s actions Defenses to Intentional Torts Consentsomeone is Willing for an act to occur Privilegesom eone else having the right to say untrue statements Unintentional Torts Negligence 5 elements Duty of care Breach of duty Factual cause Harm Scope of liability Strict Liability liability for nonintentional and nonnegligent conduct Dangerous Activity Keeping of Animals Defenses Assumption of Risk and maybe Comparative Negligence BLAW 3201 Exam 1 Exam 1 1 Ch l3456 2 80 of the test from the book 3 10 of the test from the cases 4 10 of the test from the notes a LA Law Chapter 1 Intro to Law 39239 Classi cation of the Law gt Civil Law defines duties that if violated constitute a wrong against the party injured by the violation gt Criminal Law establishes duties that if violated constitute a wrong against the whole community gt Substantive Law creates defines and regulates legal rights and obligations gt Procedural Law sets the rules for enforcing the rights that exist by substantive law gt Public Law consists of constitutional administrative and criminal law gt Private Law includes civil and business aw gt Intellectual Property patents copyrights trademarks gt Contract Law K Real estate property insurance sales gt Torts Admiralty malpractice most common a car accident 39239 Civil case needs to have 3 legs of the stool gt LiabilityGood chance of proving someone was at faultguilty gt Damages physical damages gt Solvent Defendant has to have money 39239 Sources of Law Where did all of the law come from gt 1 Constitutional Law established by the US Constitution and each individual state constitution I 1 US Federal Constitution I 50 State Constitutions I 51 Constitutions gt 2 Legislative Law laws passed by the Federal Legislative bodies State legislative bodies Parish Councils and City Councils I Treaties agreements between or among independent nations I Executive Orders laws issued by the President or by State Governors gt 3 Judicial Law established by Federal and State courts I Set precedents for futures cases I In uence future cases I Common Law case law judgemade decisions I Equity supplementary court system to the courts of law with its own remedies when no adequate remedy is available common law I Restatements of Law the authoritative statement of the common law of the United tates Common Law Systems from England Civil Law Systems from Roman Empire VV 4 Administrative Law rules and regulations created by Federal State and Local administrative agencies gt Code book of laws I When Louisiana lst became a state part of our law was the Napoleonic Code I Made LA stand out I Our property laws are very similar to the Spanish CodeFrench Code similar to TX AZ CA gt Uniform Commercial Code UCC Legislative Law I Written by civilian scholars I Adopted by all states except LA a few difference in UCC according to each state I After WWTI economically US took off I Louisiana adopted UCC in part changed some other states followed and made the changes that LA changed I LA modified law 39239 Courts of Equity omit except remedy Most common remedy money for dama es gt 1 Speci c Performance contract dispute only subject matter has to be unigue 2 Injunction court order to stop a certain activity I Seek an injunction to stop irreputable harm CHAPTER 3 COURTS 39239 TwoSeparate Court Systems gt Federal gt State 39239 Federal gt Federal DistrictTrial Courts where federal cases are tried gt Court of Appeals circuits where appeals on federal cases are heard I Louisiana is 5m circuit I Never tries cases only reviews the case I Decided by 3 Judge Panels by majority vote I Usually AF FIRM I Can REJECT REVERSE I MODIFY change I REMAND send back to trial court I DISSENT disagreement with decision gt United States Supreme Court the nation s highest court I 9 Justices I Reviews decisions of the Court of Appeals I Majority Rules 39239 State gt District Court every parish has own gt Circuit CourtsCourt of Appeals hear appeals I Baton Rouge 15t Circuit Court of Appeal I Louisiana has 5 Court of Appeals I Panels of 3judges gt Louisiana Supreme Court I 7 justices I Located in New Orleans 39239 Which Court gt Jurisdiction authority of a court to hear a case I Types of jurisdiction I Exclusive Federal Jurisdiction Federal courts have exclusive jurisdiction over federal crime cases such as admiralty bankruptcy antitrust patent trademark and copyright cases I Concurrent Federal Jurisdiction cases that can he heard by either STATE or EDERAL I Im personam jurisdiction of the court overt the parties to the lawsuit I In rem jurisdiction over property I Attachment jurisdiction over property gt Venue the location where a lawsuit should be heard I Just because a court has jurisdiction over a case does not mean that they have venue I Venue can be waivedrejected l 80 of Court Cases never go to trail they settle 2 In Louisiana you can t have ajury trial unless it s over 50000 Liability person who ran the stop sign Damage 1 Property settle quicker 2 Bodily Injury waits to be properly diagnosed 39239 Discovery formal tools for trial I Lon process gt Interrogatories I Written questions that each party can submit to the other party that has to be answered in writing M I Limited to the parties I Establish preexisting medical records I Request for production of documents includes medical bills and tax returns gt Depositions I Hear Witness story before trail I Sworn testimony I Used trials when expert Witnesses do not want to go to trial If it is ajury trial you can I Have someone read deposition in Witness stand I Have a video deposition Discovery Abuse asking too many interrogatories l Depositions 2 Interrogatories 3 Request for production of documents 4 Courtordered examination 5 Request for emission of facts 39239 Jury Duty I Clerk office sends out 75 to 100 notices two months in advance gt VoirDire Each lawyer questions the jurors to find out more about them Will ask about biases prejudices Not trying to find a good juror because the opposing party will get rid of them Peremptory Challenge each lawyer can dismiss 6 challenges I Limited to 6 Challenge for Cause juror saying he will not follow the law I Unlimited V 70 of case is decided before evidence is even shown because of the jurors predisposed ideas Who goes in the jury box is the case goes into the juror CASE Juror Consultants train lawyers to choose jury trains lawyers to frame case M V O gt Now that the jury is chosen the trial begins I Each lawyer makes an opening statement telling what they are going to prove Plaintiff goes first Presents evidence Defendant goes second CrossExamination Closing Statements tells jury Jury chargesinstructions judge tells the jury what the law pertaining to this is Jury comes out with verdict gt How do you get your money 1 Garnish Wages file a petition with the court filed against their employer I They must have a goodjob I Cannot hold more than 20 l Suspensive Appeal have to post a bond to protect plaintiff then garnishing and seizing cannot occur 2 Devolutive Appeal garnishment and seizing can occur V eP Nf 0 I 2 Seizing Assets Sheriff seizes asset FEE Stores asset FEE items get auctioned off I Writ of execution written order to seize asset I Bank gets money lst gt Court Costs and Attorney Fees I Court Costs I Includes filing fee subpoenas depositions expert witnesses fees set by judge I Attorney Fees I Cannot get reimbursed for attorney s fees when you win a case I Can only recover them i l A specific law that allows it Statue 2 if you breach this contract you own attorney fees a Apt Lease Bank Loan I Attorney fees NEVER included in court costs 39239 Motion for a New Trial I New jury new case start all over same judgevery rare NOT AN APPEAL I 39239 If you appeal gt Goes to Appellate Court I May move to Supreme Court I Very selective I They choose who they want to hear I 80 cases are heard out of around 5000 applicants Rehearing Asking the same Appellate Court to rehear the same case Mediation I A mediator listens to two parties I Cannot force a settlement I Tries to get them to agree I Mediator is a neutral 3 party both parties WST agree on mediation I Mediation fee usually split equally between the two parties gt Arbitration I Neutral 3quoti party I Renders a binding decision I If arbitration is not part of a contract both parties must agree on it VVV CHAPTER 4 CONSTITUTIONAL LAW 39239 Definitions gt V VV gt Federalism we have two levels of government state and national Judicial Review process by which the two courts examine governmental actions to determine whether they conform to the United State s Constitution Separation of Powers 1 Executive President 2 J udicial interrupts laws 3 Legislative makes laws Supremacy Clause con ict between state and federal law I Federal has supremacy State Action government action state federal etc Eminent Domain concept that the government has the right to take your property for its use ex Highway school I Have to pay fair just compensation Constitution talks about the rights of the government Bill of Rights lst ten Amendments 39239 The Bill of Rights gt V V V 1 Amendment Congress shall make no law I Freedom of Religion I Worship whatever you want I Separation of Church and State I Freedom of Speech I Yelling fire is prohibited 1 Creates clear and present danger I Obscenities I Defamationwritten or spoken l Slander spoken 2 Liable written and printed 2 d Amendment I Right to Bear Arms 3rd Amendment I Protection from courting troops 4391 Amendment I Search and Seizure I Protection against government Not from landlords I Protection from government s unreasonable seizures I Have to have probable cause to issue warrant Unreasonable seizures 2 Probable Cause 5391 Amendment I Right to not incriminate yourself right to be silent I Double jeopardy you cannot be tried twice for the same crime I Due Process if government wants to take your property you must be compensated 6391 Amendment I Speedy and Public Trial I The right to an attorney I Cross Examination gt 8391 Amendment I Excessive Bail decided by the judge I Cruel and unusual punishment Equal protection guarantee of equal protection requires that similarly situated persons be treated equally CHAPTER 5 ADMINISTRATIVE LAW gt Administrative Agencies 43911 Branch I EPA environmental protection agency I Federal I DEQ State I Very important to environment I Volume of administrative laws is huge 1 Legislative 2 Enforcement 3 Judicial CHAPTER 6 CRIMINAL LAW 39239 Arraignment lst appearances in court enter plea of guilty or not guilty Three Ways to Bail Out 1 Put up Cash 2 Bail Bond 12 3 Put up property Jury Trial 1 All Felonies 2 Misdemeanors punishable in excess of 6 months Criminal Trail 1 Defendant is presumed innocent 2 Burden of proof is on the State to prove beyond reasonable doubt 3 Defendant is not required to testify a Looks bad to jury if he does not Charged with a Crime 1 Bill of Information done by the District Attorney a Almost always how it is done in Louisiana 2 Indictment Grand Jury decides if there is sufficient evidence to charge serious crimes a Extremely secretive b Completely One Sided controlled by the District Attorney 1 Discovery in criminal cases is limited a Open File Discovery by the District Attorney in LA 39239 Jury Criminal Case In Louisiana I Defendant is not entitled to a jury unless your sentence could be in excess of 6 months I If sentence is greater than 6 months defendant chooses Whether or not to be tried by a jury gt Jury Trial gt Bench Trial gt VoirDire I Main goal of lawyers Which jurors the lawyers do not want st I State goes 1 because they have the burden of proof to prove guilt beyond a reasonable doubt gt Votes I Capital Crime 1212 1112 hung I Unanimous Verdict for Capital Punishment I Jury decides death or life injail I Mandatory Hard Labor 1210 812 hung I Discretion on Hard Labor 66 I Unanimous I If you are acquitted the state cannot try you again I Double Jeopardy I Louisiana does not have depositions in murder trials I You can be retried on a hungjury 1 1f the defendant is found Not Guilty Acquittal e State cannot appeal i Case Closed 2 1f the defendant is found Guilty a Defendant can appeal 3 The state can appeal evidence rulings Appeal motion to suppress evidence 4 The defendant can also appeal that the sentencing is too harsh a Usually unsuccessful Jury Trial 1 Jury decides innocent or guilty 2 Judge decides sentencing except for Capital Punishment a Done by m Example Exam Question Assume plaintiff won 75000 defendant disagrees and wants an appeal 7 sent to Appellate Court Can plaintiff garnish or seize when appeal is taking place With Suspensive Appeal must have to post a bond to protect plaintiff then garnishmentseizing cannot take 1 ce With Devolutive Appeal garnishmentseizing can occur


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