Business Law

Played a role in the creation of the US government

The obligation to decide current cases based on previous rulings

The accumulation of precedent; judge-made law

A law passed by a legislative body

A court's power to fashion a remedy, such as an injunction, which the common law does not provide.

Court order to stop doing something

The supreme law of the land, adopted in 1788

Congress (House of Representatives & Senate)
Presidential Office
Federal Courts

1) Establishes the state government
2) Guarantees the rights of state residents

1) Establishes the 3 branches of government and what laws they can pass and duties they have
2) Ensures that the states retain all power not given to the national government
3) Guarantees basic rights to the American people

Guarantees the right of free speech, free press and the free exercise of religion

Protects the rights of any person accused of a crime

Executive (the governor)
Legislature
Court System

Two levels of government

Constitutions
Statutes
Common Law
Administrative Law
Other Sources (treaties & executive orders)

The principle that precedent is binding on later cases; means "let the decision stand"

Created principles of equity

There is no jury in an equity case

Passes statutes, ratifies treaties and creates administrative agencies

Proposes statutes, signs or vetoes statutes, oversees administrative agencies and issues executive orders

Interpret statutes, create limited federal common law and review the constitutionality of statutes and other legal acts

Passes statutes on state law and creates state agencies

Proposes statutes, signs or vetoes statutes, oversee state agencies and issues executive orders

Creates state common law, interpret statutes and review constitutionality of statutes and other acts

Concerns behavior so threatening that society outlaws it altogether

The government prosecutes the person who violated a criminal law

Regulates the rights and duties between parties

A person has to file a civil lawsuit

Defines the rights of people

Establishes the processes for settling disputes

The rights and obligations of governments as they deal with the nation's citizens

Regulates the duties between individuals

The philosophy of law

Law is what the sovereign says that it is

The recognized political power, whom citizens obey

The law must have a moral basis; an unjust law is no law at all

It doesn't matter what is written as law, what counts is who enforces that law and by what process

The person who is suing

The person being sued

Indicates where to find the case in a law library

A lawyer who handles court cases

The process of filing claims in court and ultimately going to trial

Any other formal or informal process used to settle disputes without resorting to a trial

Negotiation, Mediation and Arbitration

A neutral party attempts to coax the two disputing parties toward a voluntary settlement

1) Maintain control of the process and can speak freely
2) Do not need to fear conceding too much because no settlement takes effect until both parties sign
3) All discussions are confidential

A 3rd party is brought in and they are able to impose an award

Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions

A court's power to hear a case

Small Claims division
Juvenile division
Land division
Municipal division
Probate division
Domestic Relations division

General Civil division
General Criminal division

Generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law

Because of this, the appeals court may require a new trial

The party filing the appeal

The party opposing the appeal

Court of Appeals
State Supreme Court

Written arguments on the case

Nullified; to turn the loser into a winner

To allow the decision to stand

Federal Question Case & Diversity Cases

A case in which the claim is based on the United States Constitution, a federal statute or a federal treaty

1) The plaintiff and defendant are citizens of different states and 2) the amount in dispute exceeds $75,000

Primary trial court in the federal system

The nation is divided into 94 districts

Bankruptcy Court
Tax Court
US Court of International Trade
US Claims Court - hears cases brought against the US, typically on contract disputes
Foreign Intelligence Surveillance Court - specialized, secret court, which oversees requests for surveillance warrants against suspected foreign agents

The president nominates ALL federal court judges and the nominees must be confirmed by the Senate

Intermediate courts of appeals; divided into 11 circuits

Highest court in the country

A petition asking the Supreme Court to hear a case

The documents that begin a lawsuit - consists of a complaint, the answer and sometimes a reply

A short, plain statement of the facts alleged and the legal claims made; filed by the plaintiff's attorney

Inform the defendant of the general nature of the claims and the need to come into court and protect his interest

A paper ordering the defendant to answer the complaint within 20 days; the plaintiff's lawyer receives after filing a complaint

A brief reply to each of the allegations in the complaint; must be filed within 20 days of receipt by the defendant's attorney

A decision that the plaintiff wins without a trial because the defendant failed to answer in time

A second lawsuit by the defendant against the plaintiff

An answer to a counter-claim

One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed

A formal request to the court to take some step or issue an order

A request that the court terminate a case without permitting it to go further

The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case

Interrogatories
Depositions
Production of Documents & Things
Physical and Mental Examination
E-discovery

Written questions that the opposing party must answer, in writing, under oath

A chance for one party's lawyer to question the other party, or a potential witness, under oath; lawyers for both parties are present

The person being questioned in a deposition

A request that the court limit discovery

Both parties are entitled to discover anything that could reasonably lead to valid evidence

A formal quest that the court orders the other party to supply more complete answers to the interrogatories

A supporting argument; sent with the motion

A device a judge can use in reaching a discovery ruling; the judge views the requested documents alone, with no lawyers present, and decides whether the other side is entitled to view them

A ruling by the court that no trial is necessary because some essential facts are not in dispute; occurs after discovery

As long as there is some evidence supporting each side of a key factual dispute, the court may not grant summary judgement

Presumes that by putting a witness on the stand and letting both lawyers "go at" her, the truth will emerge

Both plaintiff and defendant have a right to demand a jury trial when the lawsuit is one for money damages

If the plaintiff is seeking a equitable remedy, there is no jury right for either party

The process of selecting a jury; means "speak the truth"

A claim that a juror has demonstrated probable bias; each lawyer can make any number of these

The right to excuse a juror for virtually any reason; a limited number by each lawyer

The plaintiff has the burden of proof

The plaintiff's burden in a civil lawsuit

In a civil case, the plaintiff must convince the jury that its version of the facts is at least slightly more likely than the defendant's version. Some courts describe this as a "51-49" persuasion

The government's burden in a criminal prosecution

When a lawyer asks questions of her own witness

To ask questions of an opposing witness

Determines what questions a lawyer may ask and how the questions are to be phrased, what answers the witness may give and what documents may be introduced

A ruling that the plaintiff has entirely failed to prove some aspect of her case

A directed verdict is permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it

judgement notwithstanding the jury's verdict

To affirm the outcome but with changes

To nullify the lower decision and return the case for reconsideration or retrial

A mistake by the trial judge that was too minor to affect the outcome

A violation of a duty imposed by the civil law

Harm caused by deliberate action; the defendant doesn't always intend to cause the harm but the action they followed was intended

Injuries caused by neglect and oversight rather than by deliberate conduct

False statements that harm someone's reputation

Written defamation

Oral defamation

A fact that a plaintiff must prove to win a lawsuit

Defamatory Statement - statement that is likely to harm another person's reputation
Falseness - the statement must be false to be defamatory
Communicated - the statement must be communicated to at least one person other than the plaintiff
Injury - in slander cases, the plaintiff generally must show injury; in libel cases, the law is willing to assume injury

Generally a valid defense in a defamation suit because it cannot be proven true or false

Public officials and public figures receive less protection from defamation. They can only win defamation cases by proving actual malice by the defendant.

The defendant knew the statement was false or acted with reckless disregard of the truth

A witness testifying in a court or legislature my never be sued for defamation

Exists when two people who have a legitimate need to exchange information

The intentional restraint of another person without reasonable cause and without consent

Results from extreme and outrageous conduct that causes serious emotional harm

An intentional touching of another person in a way that is unwanted or offensive

Occurs when a defendant does some act that makes a plaintiff fear an imminent battery

Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave

Taking or using someone's personal property without consent

Injuring another person by deliberate deception

Money intended to restore a plaintiff to the position he was in before the injury

Requires a court to settle once and for all, by awarding a lump sum for past and future expenses

Medical expenses
Lost wages
Pain & suffering

Intended to punish the defendant for conduct that is extreme and outrageous

The reprehensibility of the defendant's conduct;
The ratio between the harm suffered and the award; and
The difference between the punitive award and any civil penalties used in similar cases

Tortious Interference with a Contract
Tortious Interference with a Prospective Advantage

The defendant improperly induced a third party to breach a contract with the plaintiff

1) There was a contract between the plaintiff and a 3rd party;
2) The defendant knew of the contract;
3) The defendant improperly induced the third party to breach the contract or made performance of the contract impossible; and
4) There was injury to the plaintiff

A claim that special circumstances made its conduct fair

1) It was acting to protect economic interest, such as its own contract with the 3rd party;
2) It was acting in the public interest, for example, by reporting to a government agency that a corporation was over billing for government services; or
3) The existing contract could be terminated at will by either party, meaning that although the plaintiff had a contract, the plaintiff had no long-term assurances because the other side could end it at any time

Malicious interference with a developing economic relationship

A plaintiff who has a definite and reasonable expectation of obtaining an economic advantage may sue a corporation that maliciously interferes and prevents the relationship from developing.

A tort if a reasonable person would find the invasion of her private life offensive

Prohibits the use of someone's likeness or voice for commercial purposes

Provides broad protection against false statements intended to hurt another business

1) Duty of Due Care
2) Breach
3) Factual Cause
4) Foreseeable Harm
5) Injury

An act done by someone that is neither intended or expected to hurt anyone, yet someone is harmed

If the defendant could have forseen injury to a particular person, she has a duty to him. If she could not have foreseen the harm, there is usually no duty.

Does not require a bystander to come to the assistance of a person in danger, assuming that the bystander did not create the danger

A landowner is only liable to a trespasser for intentional injury or gross misconduct.

If there is some man-made thing on the land that may attract children, the landowner is probably liable for any harm

Anyone on the land for her own purpose but with the owner's permission

Someone on the property as of right because it is a public place or a business open to the public

Reasonable "person" means someone of the defendant's occupation

Failing to behave the way a reasonable person would under similar circumstances

A minimum standard of care for a particular activity is set by a legislature in order to protect a certain group of people and a violation of the statute injuries a member of that group

A plaintiff that can show negligence per se need not prove breach of duty.

The defendant's breach physically led to the ultimate harm

For the defendant to be liable, the type of harm must have been reasonably foreseeable.

When one of the "dominoes" in the row is entirely unforeseeable

The facts imply that the defendant's negligence caused the accident; the thing speaks for itself

1) The defendant had exclusive control of the thing that caused the harm,
2) The harm normally would not have occurred without negligence,
3) The plaintiff had no role in causing the harm

The plaintiff must persuade the court that he has suffered a harm that is genuine, not speculative

If the plaintiff is even slightly negligent she recovers nothing

A plaintiff may generally recover even if she is partially responsible.

A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured

A much higher level of liability resulting from ultrahazardous acts or defective products

A defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results.

Using harmful chemicals
Operating explosives
Keeping wild animals
Bringing dangerous substances onto property
Pile driving
Crop dusting