- -purpose is to punish
- -Burden of Proof is on govt. you prove guilty beyond a reasonable doubt
- -govt. vs criminal
- -usually only 2 parties
- -purpose is to compensate
- -Burden of proof is on the plaintiff to show evidence by the Prepnderance of evidence
- An stand on decided cases.
- -the doctrine which judges use to decide on cases.
- -follow the precedent of previous cases.
Where do laws come from?
- -federal laws (U.S. Code<congress>, Code of Federal Regulations<agencies>, Executive Orders <president>)
- -state laws ( statues)
- -local laws
- -common law
Standing to Sue
- you must be the one injured to be able to sue
- -damaged and effected
helps the parties work it out and usually do not offer or propose a resolution
- -jury selection
- -challenges that excuse jurors
- *For Cause-provide a reason to why juror can't be sworn in; juror said that they can't be fair
- *Preemptory-juror not be sworn in w/o having a valid reason
- 1) Interrogatories (written ?? 4 otherside 2 answer)
- 2) request 4/subpoena of documents
- 3) request for admission
- 4)Depositions (live questioning under oath, court reporter)
Writ of Certiorari
- supreme court agrees to hear your case.
- -rule 4-4 of 9 justices in supreme court has to vote to hear the case for an writ of certiorari can be issued
- the process by which the court decides on the constitutionality of legislative enactments and actions of the executive branch.
- -judicial branch can decide whether laws from other branches are constitutional
- -found in the 5th and 14th Amendment
- -gives the right of a hearing before the right of life, liberty, or property can be taken away.
- extended most of the protections in the Bill of rights to apply to the states
- -limited states powers
- -the power of a govt. to take land for public use from private citizens for just compensation
- -5th amendment
- -14th amendement
- -everyone has to get treated the same unless there is a good reason for doing so.
- -exercised to protect or promote the public order, health, safety, morals, and general welfare.
- -state interstate commerce
- -a state can regulate the use of land within its jurisdiction.
- - 10th amendment
if state and federal laws conflict, the federal law will hold supremacy over state.
- -someone wrongfully hurting a person's reputation
- -libel (written)-damages(general)
- -slander (spoken) and slander per se (some1 lies on u)
- *must prove for damages
- -disparangement of property
- 1) Duty to act in a reasonable way
- 2)breached his duty (failed in a reasonable way)
- 3)Proximate Cause (if it wasn't for defendant, plaintiff would not have gotten hurt)
- 4) Plaintiff was injured/damaged
- *contributory negl., comparative negl., consent, govt. immunity, assumption of risk
- 1) Intent
- 2) Misrepresentation
- 3) Material Fact
- 4) Justifiable Reliance
- 5) Damages
- -fraud wasn't obvious
- -all 5 are required to prove fraud
- -intentional restraint and confinement or restraint of another person's activities w/o justification
- -shopkeeper's defense-detain them in a reasonable way
- must have probale cause and reasonable doubt.
- -civil action
- -types of civil (torts & contracts)
- Intentional torts
- -assault & battery, intentional infliction of emotional distress, defamation, appropriation, invasion of prop.,
Requirements for a crime
- -Actus Reus (guilty act)
- -Mens Rea (guilty mind)
FOIA- Freedom of Information Act
- requires federal govt. to disclose certain records to any person on request.
- 9 exemptions:
- 1)secret in national defense or security
- 2)related to internal personal rules & practices
- 3)exempted by other statues
- 4)trade secret or personally finacial info. obtained from a person
- 5)A privileged inter-agency or intra-agency memorandum or letter
- 6)personnel, medical, or similar file invasion of privacy
- 7) Compiled for law enforcement purposes
- 8) Contained in or related to examination, operating, or condition reports about financial institutions that the SEC regulates or supervises; or
- 9) And those documents containing exempt information about gas or oil wells.
find out what powers an agency has and when it was created.
CISG (Contracts for the International Sale of Goods)
- just like the UCC, but it spells out the duties of international buyers and sellers that will apply if the parties have not agreed otherwise in thier contracts.
- -only covers nations that have the CISG policy.
Statue of Frauds
- a state statue under which certain typed of contracts must be in writing to be enforeable.
- -land, terms can't be completed within 1yr,admin or exec. of estate to pay off debt, marriage, goods prices at $500 <.
- *Unlaterial Mistake
- *Mutal Mistake to same fact
- *Innocent Mirepresentation (same as fraud minus Intent)
- *Undue Influence
- *Statue of Frauds
Damages for Breach of contract
- *compensatory (make whole again)
- * Consequential
- *Puntive (usually not allowed)
- *Duty to Migrate
Threat of immediate physical force and threat of criminal action can constitute duress, but threat of civil action does not.
is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war,strike, riot, crime, or an event described by the legal term "act of God" (such as flooding, earthquake, or volcanic eruption), prevents one or both parties from fulfilling their obligations under the contract.
- 2) Material Fact
- 3) Justifiable Reliance
- 4) Damages
- *both parties are mistaken about the same material fact
- *mistaken party is bound by the contract or unless the other party known or should have known the mistake.
Parol Evidence Rule
getting verbal promises put into a written contract.
Warranties under the Article 2 of the sale of goods.
- -Express Warranty
- -Implied Warranty
- *fit for ordinary use
- *fit for a particular purpose
Magnuson Moss Act
- standardizes full and limited warranties in the sale of consumer goods. states what should be included.
- -only applies to consumer products.
which a principal or employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of thier agency or employment.
Statue of Repose
time period you have to file a claim on an defeat, injury against a product (12yrs)
Strict Product Liability
- Damage-product in defective condition when sold
- May-Merchant sold product
- Develop-unreasonable dangerous
- If-injury to plantiff
- Person -defective good proximately caused damage
- Consumes- no change in good from when it left manufacturer to the consumer
Implied Warranty of Merchantability
-fit for the ordinary purposes for which goods of that type are used.
Implied Warranty of fitness for Particular Purpose.
let the seller of the particular purpose in the need you rely on.
a doctrine that applies when a promissor makes a clear and definite promise on which the promisee justifiablity relies; such a promise is binding if justice will be better served by the enforcement of the promise.
Americans With Disabilities Act (ADA)
deal with employees protects employees and job applicants have to be qualified and to the EEOC if violated, Civil Rights Act 1991 kicks in if job applicant was intently discriminated for cap punitive damages
Americans With Disabilities Act (ADA)
deals with the public transportation accomondations for the disabled.
Americans With Disabilities Act (ADA)
accomondation in public places such as wheelchair ramps, brail signs, handycap bathrooms and parking..etc..
Americans With Disabilities Act
Age Discrimination Employment Act (ADEA)
protects people 40 yrs or older-employer must have at least 20 employees
Violations of title VI
- Disparate Treatment
- -intentional-civil rights act of 1991 punish those for punitive damages/ there's a cap
- Disparate Impact
- -Unintentional-ex: non essential job requirement, not essential for sucessful for job performance
Family Medical Leave Act
- Have at least 50 employees
- -provide familys with up to 12wks of unpaid leave
- -covers newborn, adopted, and foster children
- -take off for ill parent, child or spouse-work at least 25hrs per wk-enforeced by labor dept.
NLRB National Labor Relations Board
- -created by the NLRA/Wagner Act
- 3 Main Elements
- :1) Conduct union election
- 2) investigates unfair labor practices
- 3)Determines collective bargaining units
NLRA National Labor Relations Act
- -alson Wagner Act
- -established the rights of the employees to engage in collective bargaiing and to strike
- -determined which practices were unfair labor-works in favor of the employee
- -established NLRB
- Quid pro quo-sexual favors for job increasement
- Hostile Environment
Act of State
cant sue another country in the US courts unless it was commercial activity
a nation will defer to and give effect to the laws & judicial decrees of another country as long as those laws & judical degrees are consistent w/ the laws & public policy of the accomindating nation.
- an foreigh government takes your property and awards just compensation
- -OPIC (overseas private invest corporations)
foriegn government takes your property for public use and doesn't compensate
certain situations where the government is immune from being sued.
- -get all the profit, own entire bus, easy to create
- -disadvantages-total personal liability, lasts only as long as owner
- Express, implied, and by estoppel
- -Taxed once
- -Fiduciary duty of a partner is duties of loyalty and care
- -joint and several liability for actions of partners within scope of partnership
- -taxed once (like partnership)
- -liable 4 own acts
- -requires filling out a form w/ the state & use of LLP in name
- -least 1 general partner, least 1 limitted partner
- -must file certificate of limited partnership
- & LP not allowed to participate in managment.
- can be taxed like a partner or corporation w/ limited liability of investment
- -considered a citizen of every state
- -state LLC's aren't uniform
Business Judgement Rule
shields officers & directors from liability when judgements are made in good faith in a form way.
Corporate Opportunity Doctrine
Offer opportunity to company 1st.
Bait and switch
advertising a product at an very attractive price, & then once the customer is in the store, saying that the advertised item is out of stock or not avaliable and offering a substitute item.
when a consumer purchases a item from an door-to-door salesmen, the FTC gives them 3 days to change their minds.
if a reasonable customer would be misled by the advertising claim.
Postal Reorganization Act of 1970
unsolicted merchandise by US mail can be retained, used, or disgarded without obligation to the sender.
if you have an artifical condition on your land that you know about where young children frewquent the area, a child gets hurt and is too young to appreciate the landowner failed to take steps to protect the children.
- liabel for hazardous waste
- 1)current owner
- 2) previous owner
- 3) transporters of the waste.
Negligence in Landowner Liability
- 1)duty of reasonable care (status)
- 2) defedant breached duty of reasonable care
- 3) approximate cause
- 4) defendant is injured
- 1)invitee 2) licenses 3)trespassers
- -help others enities can enter the market and compete
- Price discrimination
- exclusionary practices
- -exclusive dealing practices that may effect and lessen market
- -prohibits mergers when it could lesson the market.
- -prohibits interlock doctorates.
- applies to SEC 1934
- -rules against insider trading type
Rule 10 (B) 5
- applies to the SEC 1933
- -refers to the sell of any security
- applies to the SEC 1934 act
- -if you buy and sell your company assets with a 6 month period (10 million or more/gain or lose 10 shareholders) to governement is going to assume that you had insider info.