RHM 421-320 January 26 Notes
RHM 421-320 January 26 Notes RHM 421-320
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One Day of Notes
Anna Wynn Rodgers
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This 2 page One Day of Notes was uploaded by Anna Wynn Rodgers on Monday January 26, 2015. The One Day of Notes belongs to RHM 421-320 at University of Alabama - Tuscaloosa taught by Teer in Spring2015. Since its upload, it has received 117 views. For similar materials see Hospitality Law in Public Health at University of Alabama - Tuscaloosa.
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Date Created: 01/26/15
RHM 421320 Notes January 26 2015 Civic Procedures Two Broad Areas of Law deals with matters that someone has committed an act that society views as not tolerated 0 Those acts can be evil or bad killing someone stealing speeding possession of marijuana etc Act of inherently bad Government says don t do 0 disputes between two individuals in the trial process for civil law both sides give opening statements and then plaintiff presents their case first Plaintiff has to show a basis of reason That basis is burden of proof going to change what dispute is about Important concept to know how the law works After plaintiff presents case the defendant speaks Defendant does not have to speak if plaintiff does not present a case In order to win plaintiff does two things 1 Present evidence prima facie 2 Plaintiff has to prove they met burden of proof Prima Facie case means m evidence o In order to get through to successfully jump the Prima Facie case Plaintiff has to present scintilla tiny bit of evidence tiny bit of evidence more evidence scale tips in plaintiff39s favor Need preponderance on all evidence to make a contract a contract In a criminal case you hear a burden of proof being but that is not the case for a civil case O O 0 Beyond reasonable doubt tips the scale a lot more M Contracts are g businesses are conducted What is a Contract An agreement between two or more persons to do or not to do a particular thing Elements of a legally binding contract a minor is not competent to enter a contract 9 you have to be able to understand what you are agreeing to when entering a contract I Competency depends on the person knowing what they are doing I Doesn t have to be at the same time RHM 421320 Notes January 26 2015 I Someone doesn t pay dealer for marijuana dealer can t go to court because it s illegal I Someone breaks the contract I Usually looking for payment I Example Sarah has an agreement with Brent to paint her house for 60000 He says yes but never comes After a few months she asks Adam to painter her house and he says he will for 70000 Sarah sues Brent for breech of contract for 10000 difference between prices I You go to court to make the person do what the contract says I Remedies for breech of contract Money damages 2 Specific Performance Steps of Contract 1 Offer 2 Negotiations 3 Agreement Concepts of Contract how long agreement is supposed to last 0 Example Starting new business and need office space You know you will be adding staff quickly You need to understand how the term works in case you out grow space quickly or have a short contract lease How do you get out of it How is it going to end 0 Termination provisions Need to look for any when one party agrees to pay something that the other party owes 0 May or may not be a bad thing but need to know it exists o If agreed to it it may or may not be fair every contract is state governed Contract Statute of Frauds Every state has one certain kinds of contracts need to be in writing to be enforceable Contract dealing with Real Estate year contracts If you loan or take out a loan over 25000 Sale or purchase of securities OOOO