Chapter 1-12 Summary

The Legal Heritage and the Digital Age

1: what is Law?

Law is a set of legal rules that governs the way members of a society act
toward one another.

Laws are required in society to regulate the behavior of the individual, to

correspond what is acceptable to the majority of individuals.

Without law, life and business would become a matter of survival, not only of
the fittest but of the ruthless.

Branches of Law

Constitutional Law

Administrative law

Criminal Laws

Civil Laws

Mercantile Laws

Courts and Jurisdiction

State court system

Limited-Jurisdiction Trial Court

General-Jurisdiction Trial Court

Intermediate Appellate Court

Highest State Court

Contemporary Environment: Delaware Courts (Business disputes)

Federal Court System

Special Federal Courts

U.S. District Courts

U.S. Court of Appeal

Supreme Court of the United States

Contemporary Environment: Choosing a U.S. Supreme Court System

Jurisdiction of the U.S. Supreme Court

Decision by the U.S. Supreme Court

Judicial, Alternative, and E-Dispute Resolution

Pretrial Litigation Process

Pleadings

Discovery

Pretrial motion

Settlement conference

Alternative Dispute Resolution

E-Dispute Resolution
International Torts and Negligence

Intentional Torts

Unintentional Torts (Negligence)

Special Negligence Doctrines

Strict Liability

Products and Strict Liability

Product Liability

Negligence

Misrepresentation

Strict Liability

Intellectual Property and Cyber Property

Trade Secret

Patents (I-20yrs/D-14yrs)

Copy Rights (life time + I-70yrs/ B-95yrs)

Trademarks (10yrs/renew)

Criminal Law

What is a Crime?

A crime is an act in violation of the duties that ones owes to society, for which
he/she must be punish/fined.

Classification of Crimes

Felonies

Misdemeanors

Violations

Criminal Procedure

Arrest

Bail Bond

Indictment or Information

Arraignment

Plea Bargaining

Criminal Trial

Cyber Crimes

Crime that happens Online

Consideration and Promissory Estoppel

Consideration is something of value given in exchange for a promise

(tangible or intangible).

Considerations must have something of legal value be given. The

consideration must be also a bargained for exchange, instead of a gratuitous
promise.

Promissory Estoppel:

Protects people from the injustice of the promisor revoking their promise.

Capacity and Legality

The Law presumes that people have the requisite capacity to enter into a contract,
but acknowledges that certain persons may lack capacity.

Minor

Infancy Doctrine

Disaffirmance

Mentally Incompetent persons (legal Insanity)

Intoxicated Persons