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Buisness Law CH 1-6 notes

   
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Title: Buisness Law CH 1-6 notes
 
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Date: March 18, 1996
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From opposing party =depositions,Interragatories,admissions Diversity jurisdiction- case between citizens of different states; exceeds 75,000 Federal question jurisdiction-concerns constitution, laws Forum selection clause- contract depicts where to litigate In personam jurisdiction-must be resident, or committed crime in boundaries In rem jurisdiction- property dispute within boundaries Judgment not withstanding verdict- to win despite jury verdict Judgment proof-no assets to sue for Jury trials-instructions on how the verdict will be reached Motion for a new trial- Motion for judgment of pleadings-dismissal after pleadings Motion to dismiss- dismissal of case Original jurisdiction-US supreme court Pleadings-documents & evidence stating claims Subject Matter Jurisdiction- power to hear a case Summary judgment-no issue at hand, entitled to judgment Summons- notifies defendant they are being sued Trial court-not limited to jurisdiction Venue-where a case can be heard 14th amendment- equal protection clause 1st amendment-freedom of speech 4th amendment- protects unreasonable invasion of privacy 5th amendment- no depriving of life, liberty, property w/o due process 6th amendment-right to a speedy trial, impartial jury 8th amendment- forbids cruel and unusual punishment Commerce Clause- interstate commerce, supreme court applies to regulations Commercial speech- restricted if used to advance or restrict achieving interest, or gov't interest Due process- to deprive of life, liberty or property Enumerated power-conditions of congresses power Full strict scrutiny-necessary to fulfill gov't purpose Government action-distinguish between gov't action and private action Independent Checks-constitutional limits on federal and states Intermediate scrutiny-sex discrimination test Judicial Review- actions of gov't bodies unconstitutional Means end tests- no constitutional right is absolute Police power- state power to regulate health safety morals Procedural due process- procedure to deprive of life, liberty or justice Rational basis test- reasonable to gov't achievement of purpose Substantive due process-to attack the substance of government actions Appeals to pity- fallacy ex) anti smoking ads Argument from authority- experts aren't always right Argumentum ad populum-fallacy just because all believe does not make it true Argumentum ad Baculum-to use threats Argumentum ad hominem-attacks the person not the argument Bandwagon fallacy-everyone is doing it so must be true Business Stakeholder- behaviors and decisions must consider stakeholder interest Categorical Imperative- judge what one does if it can be applied to universal law Changing the Internal Mgmt Structure-best way to produce responsible corporate behavior Circular Reasoning-drawing a conclusion that makes no sense Deontological-focuses on decision or actions alone Ethical Decision Making-What facts impact my decision?-What are the alternatives?-Who are the stake holders?-How do the alternatives impact: society as a whole?: My Buisness firm?: me the decision maker?- What are the ethics of each alt?- What practical constraints of each alt? What course of action is required to implement? Ethical Instruction- training on ethical decision-making Ethics code-code of conduct to guide business operations False Analogies-syllogism-Ray Charles=God False Cause- weak correlation of two events when there is no link Gambler's Fallacy prior- outcomes will reproduce the same future outcome Justice Theory-societies resources and burdens should be allocated fairly to all Kantianism- judge morality by universal law, and the categorical imperative Lure of the New-its new so it must be good Modern Rights theory- to abide by a moral rule unless a a greater moral rule applies Non-sequitur- conclusion that is irrelevant to the proposed facts Profit Maximization-to base decisions on long run profits, within limits of the law Reductio ad Absurdum-arguing to the end whether or not it is a probable outcome Rights theory- moral obligation to not harm anothers rights Sarbanes Oaxley Act of 2002- Requires board audit from independent director Sunk cost fallacy- putting more money in will recover all lost money *Arrest and booking-Arrest report filed-charged with complaint-initial appearance before judge-preliminary hearing-formal charge or indictment Arraignment-defendant enters plea Conviction-prove: violation of statute; they committed the offense; to have criminal intent Deterrence-punishment deters repeat of crime and deters others from committing the crime Exclusionary Rule-evidence in illegal searches cannot be used in court Incapacitation-out of society so less likely to commit a crime Incapacity recognized in court-insanity, intoxication, and infancy Mens rea-criminal intent Miranda warnings- to safe guard against self incrimination/5th amendment rights Rehabilitation-change values and attitudes to not commit the crime Retribution- infliction of punishment "to get even" RICO-Racketeering Influenced Corrupt organizations-no money obtained can be used to gain interest or start a company-or to conspire to do so-civil and criminal penalties apply USA Patriot Act-the right to a warrant less search, monitor of communications X post facto- cannot be charged with action until an act is codified 10th amendment-powers not mentioned are reserved for states and people 2nd amendment-right to bear arms 3rd amendment- Protection from quartering of troops 7th amendment- civil trial by jury 9th amendment- rights do not constitute taking anothers rights Absolute privilege- complete freedom of expression is needed for the writers purpose Actual Mallice-intentional or reckless disregard for the truth Assault- when reasonable apprehension of battery is in anothers mind-harmful Battery- Intentional Touching of another without consent Compensatory Damages- rewarded for emotional and physical distress Contract clause- no state law may impair fulfillment of a contract Conversion-to take control of anothers property-theft destruction transfer Defamation- unprivileged, publication of, false and defamatory, statements concerning another Emotional Distress- only rewarded when something outrageous has occurred Ethics- the values and belief related to human conduct False Imprisonment-intentional confinement without consent Intent- having intent to cause consequence Invasion of Privacy- Intrusion of privacy?Public disclosure of private fact?False light publicity?Commercial use of ?name Libel- written or printed defamation Negligence- failure to use reasonable care Presumed Damages- compensation of presumed damages Private Nuisance- interference of enjoyment of their land Punitive damages- intended to punish the defendant Recklessness- knowing that there is substantial risk involved Slander-oral defamatory statements-committed crime-has disease-professional sexual misconduct Special Damages-awarded without actual reputation damage Strict Liability- without fault, still held liable Takings Clause- power to deprive one of their land through eminent domain-ultimate govt power Teleological- focus on consequences of a decision TORT- civil wrong not in breach of contract
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Administrative regulations-legally binding from agencies Case law reasoning- application of common law Case law reasoning-precedents Civil law- obligation one party owes another Common law-case law; not codified or written Criminal Law-law against crimes Declaratory judgment- determining rights before controversy Equity Court- when common law would be unfair Executive orders-limited power for executive officers in gov't Federal Supremacy-federal is supreme over all other laws Federalism-states power to make laws Injunction-court order forbidding an action Jurisprudence-philosophy and collection of laws Legal positivism- command of a recognized political authority Legal reasoning- deduction of law implementation Natural law-universal morals between all humans Ordinance-enactments by counties or municipalities Precedents-following other judges decisions through stare decisis Private law-regulation of conduct between parties Procedural Law-controls the way laws are enforced in courts Public law-concerns powers between gov't and society Reformation-court rewrites contract to reflect actual intentions Rescission-court cancellation of contract Separation of powers-Legislative :Makes Laws; Executive: enforces; Judicial: interprets Specific performance-court order to uphold contractual agreement Stare decisis- let the decision stand Statute-enacted by legislature; regulates conduct Statutory interpretation-interpreting statutes Substantive law- sets the rights and duties in society Treaties-made by president with 2/3 senate and a foreign country Uniform acts-model statues by lawyers; not law until enacted by legislature Actual damages-$; Punitive-punishing with $ Compensatory-pain, suffering Affirmative defense-win case in spite of evidence, do to plaintiffs wrongdoing Alternative dispute Resolution- settlement, arbitration,mediation Appellate courts-court of appeals, review errors in trial court Counter Claim-claim against plaintiff, due to matters of the complaint Courts of Limited Jurisdiction-ex) traffic court Demurrer-dismissal, no law prohibits claims Directed verdict-takes the case from the jury Discovery-request of info...
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Common topics in this essay:
 
Freedom Of Expression - Our First Amendment Rights Are Threatened   The Equal Rights Amendment   Equal Rights Amendment.   A Constitutional Amendment: The Only Way to Protect Parental Rights to Direct the Upbringing and Education of Their Children   Gun Control: 2nd Amendment Rights Should not be Infringed   2nd Amendment Rights   1st Amendment rights and School Law   14th Amendment -EQUAL PROTECTION UNDER THE LAW   Use of Thermal Imaging Devices and 4th Amendment Rights   Should International Criminal Court Have Jurisdiction Over Darfur Atrocities?   Should Racist Speech Enjoy Protection under the First Amendment?   The Impact of the Judicial Decision in the case of Rodriguez v. B.C. (Attorney General) on Canadian Law and the Rights of Citizens   14th Amendment disenfranchisement laws   The Second Amendment And The RIght To Bear Arms   The Second Amendment And The Right To Bear Arms  
 
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