Business Law 1101

Water saturated lands that can not be filled or dredged w/o a permit

The accused claims that he/she was induced by a public official to commit a crime that they would not have otherwise

Federal circuits for states given

Geographic district in which legal action is tried and jury is selected

legal requirement that one must have sufficient stake in controversy before bringing a lawsuit.
ie.man sues vs a law he says discriminates against women... court says he has no ______

documents establishing the law on a particular issue
ie. Constitution, admin. rule, court decision

Publications summarizing or interpreting law
ie. law encyclopedia, legal treatise, law review article

intentional, unexcused, and harmful contact
ie. firing a gun 
does not need awareness just proof it occured

intentional,unexcused act creating in another person a reasonable apprehension or fear of immediate or harmful of offensive contact
ie. pointing a gun
needs awareness

civil wrong not arising from a breach of contract or agreement. A breach of a legal duty that proximately causes a person harm or injury

willfully and maliciously burning a building owned by another

con job using fraud to obtain temporary possession so you can permanently deceive someone

forceful and unlawfully taking personal property from another 
"larceny by force"

Robbery with a deadly weapon

guilty act of committing a crime

wrongful mental state (guilty mind)

registering mispelled names of popular brands

registering some or similar domain name to that of a trademark and offering to sell that to a trademark holder

the use of a person's name, picture, or other likeness for commercial purposes or profit w/o their permission

RICO

A crime- murder, rape, or robbery, that carries a more severe punishment from over a year to life

a lower crime, disorderly conduct, trespassing, petty theft, punishable by a fine or less than a year

fraudulent appropiation of money or other property by a person who has been entusted to handle the money

falsely reporting incomee that has been obtained through criminal activity as income through a legitimate business enterprise

defamation in oral form

anything published or spoken publicly that ruins character or reputation or good name in  society

the science & study of law and how it is created and applied, study of different schools of legal philosophy

Law is an evolutionary process it adapts and grows

no higher law than that created by legitimate government

circumstantial, case by case
ie. man steals an apple for starving child

knowledge of falsity with the intent to deceive

many jurisdictions hold that a business/individuals who serve liquor after the person is intoxicated maybe held liable for injuries by the intoxicated person

Employer is responsible for an on duty worker for negligent acts

danger of ______ is ______ . chain reaction

failing to excerise the standard of care that a reasonable person would exercise in similar circumstances

questionnaire before trial starts

decide whether or not to go to trial, group of citizens

the five sense tort,

Taking, using, selling, or retaining possession of personal property that belongs to another without the other’s permission or legal authorization

exagerrated claims concerning the property offered for sale ie. fastest car in the world

must be followed ( constitutional provisions, statutes, treaties, regulations, ordinances or previous court decisions governing the particular issue). Previous court decisions in the same state have binding precedent.

that party that is causing the damage will pay for the cleanup

Parts of a Brief in order

is a formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action’s impact and explore alternatives.

The primary federal regulator of air, soil, and water quality, its duties include reviewing EIS

false advertising and rectifying it

retract and correct its prior unfair or deceptive advertisement

international intellectual property protection Copyrights

international intellectual property protection trademarks

international intellectual property protection Everything

written defamation

may be followed or used as guidance in making a decision. This includes primary and secondary sources of law and other state caselaw.

Law should be used as a tool for social change and justice ( end slavery, give women the vote etc)

elements of Negligence

Schools of legal thought

FDA

FCC

OSHA

EPA

Elements of fraud-intentional deceit usually for personal gain

immanuel Kant

Jeremy Bentham

Knowledgeable user defense vs product liablity

Obvious danger defense vs product liability

Product Liability