Management 260 Week 8-9 Notes
Management 260 Week 8-9 Notes Management 260
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This 9 page Class Notes was uploaded by Eunji Cho on Friday March 25, 2016. The Class Notes belongs to Management 260 at University of Massachusetts taught by Michael Malkovich in Spring 2016. Since its upload, it has received 33 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.
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Date Created: 03/25/16
UMass Amherst Management 260 Professor Malkovich March 7 – 25 By Eunji Cho March 8, 2016 th 6 Amendment • Right to Counsel o Suppress statements that they didn’t know they could have not said o Criminal cases only § For civil cases, you need to pay for your lawyer (may go on contingency basis/ Consumer Protection Act basis • Right to a Speedy Trial (1 year is standard of inactivity) • Right to Confront Witnesses and Evidence (at trial) • Right to Subpoena/ Compel Attendance of Witnesses and Produce Evidence • Right to a Public Trial th 8 Amendment • Against inhumane treatment of prisoners • Death Penalty cases: to remove painful chemicals used in the process • “Giving a juvenile a life without parole is cruel -> was given 40 years in prison from murder” th 14 Amendment • Equal Protection Clause: The state may not deny the citizens of its own state or other states equal protection of the laws o Outcome of the Civil War • Commerce Clause o The federal government can regulate things that involve interstate commerce o Goods traveling across the country o Activities that are local in nature but have an impact on interstate commerce § Milk and wheat prices § Expand the reach of the commerce clause to looking at the impact of the activities Administrative Law • Any place (administrative agencies) where the government is providing benefits or regulating the activity applies administrative law • UMass is an administrative agency in the commonwealth of Massachusetts • General Law Chapter 24, Section 7 – Defective Equipment • Code of Massachusetts Regulations (CMR) • Code of Federal Regulations (CFR) under the Department of Education • IRS tax code Constitution • Legislature o Pass laws o By getting inputs from their constituents o Order agencies to exercise their laws o Refer to a joint committee of senate and house members o Vote on final versions, and has to be signed by president o Climate law Regulations -> EPA § EPA is the best agency that is existing to work out the details § If agency doesn’t exist, it can be built: LS was built after if it doesn’t work, congress has the power to take it apart § Rules and regulations are usually much longer than laws themselves o Rules, regulations, adjudication • Executive o Implement the laws o President has the power to direct the agencies to carry out the laws § ACC Administrative Agencies: IRS, CIA, HLS, ICE o When president changes, a lot of the executives of the government administrative agencies are appointed o 60% of decisions regarding disability benefits were reversed not because the law changed, but due to the straining of the regulations • Judicial Enabling statute • Controls funding • Agency oversight • Federal register o Once the agency drafts the law, the statutes carries the tasks Lobbyists • When lobbyists provide funding for a candidate, can be seen as ‘granting or withholding fund Code of Federal Land “Executive Order” “Final Agency Decision” March 10, 2016 Agency Functions • Drafting Rules; Regulations • Enforcement (of the rules and regulations) • Investigation • Advisory Rule • Adjudication o Burden on the court if it had to deal with all the individuals that came up with problems regarding agency functions o Defer to agency interpretation of its own rules o After this, courts can to their Judicial Review to make sure adjudication went well in the organization If denied from adjudication, the individual will be subjected to a fair due process, neutral fact finding process • Exhaustion of Administrative Remedy o Fair hearing: Carried out by Administrative Law Judge (ALJ) § Notice of action § Confront evidence § Present evidence o Although it may not be as ‘fair’, the court says that it is acceptable o You may appeal the decision o Several pages of the explanation about the case will be written and sent over to the Policy Review Board if this is appealed o Decisions are rarely turned over as the PRB is less lenient unless there actually is an error o If appealed again, sent to the Head of Agency o What the Head of Agency decides is called “Final Agency Decision” o Only when the case has reached “Final Agency Decision” will the court get involved in the case Judicial Review of Agency Decision • Grounds for reversing decision o “Arbitrary and Capricious” o Evidence doesn’t support the decision § May be logical how the agency concluded an individual was denied of something, but the evidence may not support the conclusion o Agency misinterprets the law o Agency exceeds authority o Due process (unconstitutional) § Not adequate notification of violation § Unfair during due process Rules agencies follow during procedure • Code of Massachusetts Regulations (CMR) • Code of Federal Regulations (CFR) Battery • Elements: each must be established o Intentional act o Causing a harmful or offensive contact o Without license or authority (legal excuse) o Damages • Justifications o Defenses • Transferred Intent o Maybe you didn’t know that your actions would cause harm on another person, but if it looks like you adequately knew that it may cause harm, then you have enough intent o Maybe you threw something at a bunch of people without intent to hit anyone, but you still would have enough intent March 22, 2016 Legal analysis lies on assessing liabilities Deciding on a given set of fact Torts: Civil Wrongs • May look like a criminal wrong: criminal wrong is almost always a civil wrong • Intentional Torts o Deal with intentional conduct o Battery, Assault o Damages § Compensatory damages § Punitive damages: punishing the defendant for their actions and to prevent them for doing it again • Reckless Conduct o Gross Negligence o In between intentional torts and negligence o Reckless disregard for the consequences of the actions o Damages § Compensatory damages § Punitive damages • Negligence o Existence of a duty of care to the plaintiff o Breach of that duty of care o Causation (actual cause/cause in fact) o Proximate or foreseeable cause (excludes extremely unforeseeable chain of events) o Damages arising from the breach of duty o Didn’t think of the consequences of an action when you should have thought about it o Jury will determine if the consequences are something the defendant is responsible for o If you did something that a reasonable person would have thought about, then you could be potentially responsible for the damages o Damages § Compensatory damages • The “Reasonable Person” standard is used Defenses: Legal justification if the jury finds the theory reasonable, then it is not battery • Self-defense o Doesn’t allow retribution o Only applies when under attack/threat • Defense of others • Necessity o Acting in a way to prevent a greater harm o Pushing somebody to prevent him/her getting run over by a car • License or Authority o Security guards have license/authority to use physical means to protect people (authorized by their job) • Consent o Damages that are expected by a reasonable person standard is not recognized as battery o Damages in a boxing match, soccer game, etc. o Consented to contact, sanctioned damages since they’re under consent Intentional Infliction of Emotional Distress • Extreme and outrageous act or conduct • With intent to cause, or reckless disregard of the tendency to cause emotional distress • Significant emotional distress or other damage False Imprisonment • Unauthorized confinement of a person: doesn’t matter how long • Non-consent of the plaintiff • Plaintiff has knowledge of the confinement Shoplifting imprisonment: avoids the false imprisonment claim • Determine if the imprisonment was reasonable March 24, 2016 Malicious Prosecution • Initiated criminal prosecution • With malice or in bad faith • Plaintiff exonerated of criminal charges • Doesn’t arise just because someone was falsely accused, as long as there is basis for the accusation • Law protects good faith Trespass • Civil equity of theft • Entry or causing entry • Onto land of another • Without consent, license or other legal excuse Conversion • Civil equity of theft of personal property, ‘movable property’ • Wrongful or unauthorized exercise of dominion or control over property (invasion of property right) • Belonging to another • Without consent, license or other legal excuse “Eggshell Plaintiff” Rule • If the plaintiff gets very vulnerable injury, the defendant will be charged more for more responsibility Defamation • Publication rd o To a 3 party o Broadcasting (social network, text message, letter, etc.) • Untrue statements o Different standard for public and private people § Private figures have the right to be kept from defamation ú Negligence is the standard: duty of care owed to the plaintiff § Public figures are newsworthy: the court ‘doesn’t care’ what was said ú Malice is the standard: in order to sue, they have to prove that someone knew it was false but still went on to publish it • Tend to hold person’s character up to ridicule or scorn • Spoken defamation: slander o Must prove damages: must bring a witness o Damages must be proven as an element if statements are spoken • Written: libel o Something in writing shows more proof: in front of jury and as a piece of evidence o If not in writing: difficult to determine what was actually said • Privilege may be a defense • Parody is an exception of defamation and invasion of privacy (another defense) Invasion of Privacy • 3 types o Appropriation of name or likeness o Invasion of physical solitude in an objectionable manner o Disclosure of objectionable facts • Without justification, license (authorization) or permission o Truth is not a defense Intentional Interference with Contractual Relations (probably not in tests) • Intentional act • Which interferes with or causes harm to • An existing contract between the plaintiff and a third party • Defendant has to be trying to sabotage the contract Misrepresentation • False or misleading representation • Can be intentional or negligent, as long as you present something false • Only for material facts o Can’t exaggerate performance of automobiles in advertisements o Numbers, percentages, etc. • Intended to cause or would reasonably cause reliance o Actual reliance by the plaintiff • Damages o You might get ripped off o Someone who tried to replicate the advertised functions may get physically damaged