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 to give 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 side significantly 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) th  5 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 lower court without trial. Doesn’t agree w/ lower court but doesn’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 to child regardless of age  Goes away when child reaches 24 unless there is some mental/physical problem with them. (current law right now) o Legislature said at some point when children reach certain ages (24), parents can leave land to whoever they want. o What if the child is 25, but has Down Syndrome (mentally/physically handicapped)?  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 that once 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 governors & president’s office o UCC (Uniform Commercial Code) -> a body of rules that applies to commerce in this country: sales, interest, goods  Goods - movable property; anything that can be moved.  Provides stability to laws to make business transactions between states easier.  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 want to 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, landlord 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 they will 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; anything that 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 from LA 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 & where does 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.

     

 

         

o Remove case from State to Federal  Stanford Group wanted their case to be moved to Federal Ct. because State Ct. might be partial or bias to the area. o Ms. White wanted to bring case back to State ct. after it was brought to Federal Ct. o She never alleged amount of money that was at state. o Sought punitive damages of $75,000+; very easy to meet this amount. Federal question & Diversity of Citizenship are both concurrent jurisdiction Exclusive & Concurrent jurisdictions fall under subject matter jurisdiction. Subject Matter Jurisdiction = nothing goes to trual until these matters are addressed. Once established SMF – then most establish personal jurisdiction. Service of Process – serve someone with copy of lawsuit o Without service of process, you cannot have judgment against you. Judgment of default – if you don’t answer the service of process then the other party wins by default o You now owe other side some kind of money o Everyone has sight of notice; the opportunity to be heard. Long Arm Service – if you are trying to sue someone in another state or far away o Can mail a certified copy of case to party in another state by certified mail and return receipt. Once you get back return receipt, the papers are served. Case 3-2 World-Wide Volkswagen Corp. V. Woodson o 5 defendants because you must name everyone involved with product o Issue of Personal Jurisdiction o Plaintiff in NY, come to OK to say you can’t decide this case here o FINISH CASE 3-2 Evidence drives the Train, in court. As a matter of constitutional due process, you cannot force anyone to go to a state where there are “minimum contacts.” o This is getting old because now with technology, and e-commerce there is almost no way that a company has no contact with any state in U.S. Exemplary damages = punitive damages. If lawsuit is no longer valid, file this before you file an answer Discovery – each side try to find out what info opposing side has o (in book under “civil procedure”) Interrogatories – sworn answers by opposing parties Production Examination Requires for admission Summary judgments are granted often Jury selection – ask you questions to see how your answers relate to argument brought to trial Don’t get into opening & closing arguments too much (&cross examination)

      

   

At end, person who loses has request to judge to rule different from jury. o If denied all appeals, you can apply to Supreme Court. Of all law suits filed, parties reach settlement 95% of time without going to court and finishing trial Judgment debtor – Garnishment – what is garnishment? o Continues until they’re paid in full or you quit or you strike a settlement. Employer served to garnishment: required to send in your money to pay for court. Can be mortgage on you up to 10 yrs unless you file bankruptcy Alternative dispute resolution o Save parties time & money to get resolved o Difference between arbitration or mediation  Binding Arbitration can be decided over one or can be a panel; can sometime take months. o Faster than trial but can still be long Mediation – doesn’t lead to binding decision by 3rd party; takes less time o Mediator doesn’t decide case but helps parties to reach settlement Rd. a/b arbitration and mediation Case 3-4

Chapter 7 – Intentional Torts    Tort law deals with people who are injured o Made to compensate for your damages Not made to punish but to only compensate you Compensation vs. punishment o Punitive damages – damages over & above the amount necessary to compensate the plaintiff, o MC DONALDS CASE  2.8 M WHERE GIVING TO HER  actually she got $485000 Case 7-1 Philips Morris UDA vs. Williams Both parties appeal b/c 1 side doesn’t want to pay that much and plaintiff appeal b/c wants higher number Punitive award – where do you draw line about what can you do with drawing line…? BMW example - <9:1 (9 to 1 ratio or less) o Don’t want to get double digit rations Intent: intention to engage in the conduct o More towards the act and not consequent. Battery: intentional infliction of harmful or offensive bodily contact./ offensive contact Assult : threat of imminent bodily harm/ can be unreasonable Possible to have battery without assault o Walk up behind you with golf club and hit you in head  Battery not assault (more physical) o You see me with golf club and then I hit you

       

  

 

   

 Batter with assault (more emotional b/c you see me before) Can words alone constitute assault? Can words alone constitute assault? Yes o Always look at context of apprehension I hit your car but not you; still battery b/c car is extension of you o If you see me coming, it’s an assault. False Imprisonment: o Case 7-2: Vaughn vs. Walmart Stores, Inc.  False imprisonment, detained against her will  Wasn’t shop lifting, but manager tells her to go wait for friends at font of store.  Tell her this to eliminate it from happening again  Or leave bag at front of store & goo walk around  Trial court said was false imprisonment & gave $500  Circuit court of appeal reverses & Walmart wins. b/c LA law is different & you have to be held for 60 minutes Intentional Infliction of Emotional Distress o Credit officer in FL trying to find Mr. Sheehand b/c late on car payments o Called his mother and said kids were ill and needed to contact Mr. Sheeman o Sheeman and mother filed lawsuit against creditor. Harm to the right of dignity o Defamation  False communication Case 7-3 Frank B. Hall & Co. vs. Buck o Left one job for another that looks better. o Doesn’t like job so goes look for another job and can’t find jo o Investigator call his his refrences to find out why Buck won’t get hired o Companies said bad stuff about him o Has to be a statement given as fact to person other than plaintiff o If companies say stuff to his face, not defamation, but when said to others, it is o $1.3 million punitive > 2+:1 Both defamation: o If you write down – libel o If you sat it – slander Invasion of Privacy o Appropriation – have rights to our name and right to make money off of it Case 7-4 White v. Samsung Electronics America, Inc. o Know intrusion & false light Trespass o Can tell man to get off property o Post property with law to let everyone else know its trespassing o Won’t get paid in court, just put stop to trespassing o Law has always respected your right to have land Conversion

 

o Civil death o Take car, keep it, sell it’ conversion because took ownership of car. Nuisance o Nontresspasory invasion of another’s interest in the private use and enjoyment of land  Example of case teacher had with photographer and military guy with light Physically remove person from your property if you think they’ll inflict physical harm on your Harmed Economic Interest (test question)********* o It’s possible to interfere in a contract that someone is in that’ll cost you money o If you induce someone to breach contract, you can be liable for other company’s loss

Chapter 8: Negligence & Strict Liability    Negligence & Strict Liability Negligence - unintentional courts Must be present to have negligence: o Duty owed (to plaintiff) o Duty breach o Proximate cause o Injury/damage If you can’t show breach causes damage, you’re out Hitting guy on shoulder of road while texting on phone.

 

Sign up to vote on this title
UsefulNot useful