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Blaw 3201 Exam 1 Notes

Blaw 3201 Exam 1 Notes

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categoriesBusiness/Law
Published by: Elsa Castro on Jun 18, 2012
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02/22/2013

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Business Law 
Exam 1
Law
 
 
Civil 
 
 –
monetary damages, compensatory
 
Criminal 
 
 –
jail time, incarceration, prosecution for guilty
 
Take-nothing summary judgment 
o
 
Plaintiff gets nothing
 
95% of all civil cases are settled outside of court.
 
What factors go into
deciding what Sabrina’s life is worth?
 
o
 
Earning capacity
o
 
Family relationships (how close was she to her family?)
o
 
How much she suffered
 
In civil law, when trying to put a value on something, like human life, it is very hard togive a specific amount.
 
Criminal prosecution-> the state is plaintiff 
 
Civil/criminal -. If two different verdicts -. Burden of Proof 
 
How can someone be accused in civil but not in criminal?
o
 
BRD
(Beyond Reasonable Doubt)
 –
thinking on lines of scales; one sidesignificantly higher than other (98/2); scale way farther than another. (
criminal 
)
o
 
POE
(Preponderance of Evidence)
 –
one side is slightly higher than other (51/40);scale slightly farther than the other. (
civil 
)
 
5
th
Amendment
 –
precludes us from having to testify against ourselves
o
 
Protects you from questions you don’t want to answer, ONLY on criminal side.
 
Does not protect in civil cases; only on criminal side.
 
You are never guilty in civil cases; only liable
 –
 
you’re liable for damages.
 
When you lose in court, then you can appeal to next court up.
o
 
When you appeal, you must assign errors.
 
Appellant court -. Must assign error to losing party.
 
“remands case” –
send case back to lower court with no decision
o
 
Higher court disagreed that no trial was needed.
o
 
Send case back to low
er court without trial. Doesn’t agree w/ lower court butdoesn’t happen in higher court.
Where does the law come from?
 
€ = statues precepts
 
 
Intoxicated (legislature comes up with this)
o
 
.02/minor
o
 
.08/adult
 
It’s criminally illegal to drink & drive, and you
can also be held liable civilly
o
 
There’s a statute that says so. (if you drive intoxicated)
 
 
Punitive damages
 –
damages beyond what you caused.
 
 
Legislative comes up with these laws about intoxication, etc. they make laws
 
Judicial Branch
 –
interprets laws.
o
 
Federal & State Court System also interprets constitution. (US & LA)
o
 
U.S. Constitution is Premier Law of Land
 
Louisiana Constitution is just as important
o
 
Forced heirship (only in LA)
 –
prior to 1990s, part of parents estate had to go tochild regardless of age
 
Goes away when child reaches 24 unless there is some mental/physicalproblem with them. (current law right now)
o
 
Legislature said at some point when children reach certain ages (24), parents canleave land to whoever they want.
o
 
What if the child is 25, but has Down Syndrome (mentally/physicallyhandicapped)?
 
In LA, a person like this has to get some of the estate. This is b/c if 
parents don’t take care of them; it’s up to the state to.
 
o
 
Constitution was amended and the “forced heirship” was tweaked to say thatonce your child is 24 years old, you don’t have to leave them anything.
 
o
 
How did legislature make this story?
 
Amended constitution, voters voted, and passed amendment.
 
Another source of law: Executive Orders
o
 
Come out of gove
rnors & president’s office
 
o
 
UCC (Uniform Commercial Code) -> a body of rules that applies to commerce inthis country: sales, interest, goods
 
Goods - movable property; anything that can be moved.
 
Provides stability to laws to make business transactions between stateseasier.
 
Louisiana hasn’t adopted code completely.
 
Didn’t adopt any sales laws.
 
 
Administrated Laws
o
 
Laws congress created to take care of taxes, environment
o
 
Fasted growing laws in country
 
Substantive Laws
o
 
Creates, defines, & regulates legal rights & duties.
o
 
Creates rights & obligations (duties) or private party
 
Procedural Law
o
 
Creates rules for enforcing those rights that exists by reason of substantive law.
 
Renting an Apartment
o
 
Substantive law
 
Rights come with obligations
 
Obligation
 –
pay rent
 
Right
 –
landlord to receive rent.
 
Air condition dies
 –
landlord must but new one free from defects
 
landlord has obligation & you have right to keep property safe and
without defects for everyone’s safety.
 
o
 
Procedural law
 –
must give 5 days notice of eviction, can go to court if you wantto appeal it.
 
Coming up with the mechanisms to enforce substantive law.
 
You fail to pay rent; landlord must follow law before he can evict you.
 
Must give tenant 5 days notice of eviction
 
If tenant doesn’t comply, land
lord goes to court
 
Landlord must follow procedure before evicting tenant!Supreme Court
 
Just because you appeal a case to USSC, doesn’t mean you’ll be granted
 
 
If court wants to hear your case, they’ll grant you
writ of certiorari 
 
 
District court
 –
lowest court.
o
 
Then you appeal to Appellant Court
o
 
If you lose again and appeal to USSC, there is only about a 2% chance that theywill hear your case.
 
Notions of inferior courts
 –
city court
 –
available under state.
o
 
In Baton Rouge, city court hears cases of $20,000 or less.
 
Less than $3,000: pay a $100 fee & bring your case to court (small claims division) but
you don’t bring lawyer; usually resolved within 90 days.
 
 
Justice of the Peace Court: take place in Justice
of the Peace’s office, not in court.
o
 
Another small court can be in retail location or mobile home, etc.
 
Patent lawsuits, tax disputes, bankruptcy files -> Federal Court
 
Succession of deceased, property disputes, etc. -> State Court
 
Concurrent Jurisdiction = authority of more than one court to hear the same case
o
 
Federal Question
 –
look at calls of question; why is lawsuit being filed; anythingthat has origins in federal law falls under this; cases ruse under Federal law,cause of action rises under federal law.
o
 
Diversity of Citizenship
 –
parties from different states; if you have plaintiff fromLA suing defendant from Texas.
 
If you have numerous defendants from TX, OH, & UT---still have it
 
If any 1 defendant from same state as LA, then you have diversity issues
 
If plaintiff from LA sues Defendant from TX
 
With corporation ask: where articles of corporation are filed & wheredoes corporation do principal amount of work. (principle place of business)
o
 
***Corporation: (can be in 2 different states)
 
Where are articles in corporation found?
 
Where does corporation do principle of their business (principle place of business)
o
 
$75,000
 –
the case has to be worth more than this to be in Diversity of citizenship
 
Case 3-1 White v. FCI, USA, INC.
o
 
Asking to move case from State to Federal court based on diversity jurisdiction.

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