Buisness Law CH 1-6 notes

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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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Inside Criminal Law The written sources of American criminal law are Constitutional Law, Statutory Law, Administrative Law, and Case Law. The purpose of Constitutional law covers areas of law like relationships between states and the federal governments, the rights of individuals and citizens of the United States and all other areas concerned with constitutional law...	5 / 1262
political sience -Checks and balances are designed to prevent any one branch of the national government from becoming too powerful -The Supreme Court ruled the Gun-Free School zones Act unconstitutional -The number of votes a state has in the Electoral College is determined by adding the number of members it has in the House to the two it automatically has in the senate -To win the presidency a candidate must receive a majority of votes in the Electoral College -Ratification of a treaty requires the advice and consent of two-thirds of the Senate -Confirmation of a Supreme Court nominee requires the advice and consent of a majority of the Senate -A presidential veto may be subject to an override by a two-thirds majority of the entire congress voting together -Before a bill is presented to the president for his signature or veto it must pass by a majority of both House and Senate -The Supreme Court’s power to declare an act of Congress unconstitutional is called Judicial Review -Federalism is defined by the tenth amendment -Under federalism criminal justice is primarily under the responsibility of the State governments -The Bill of Rights applies to Amendments 1-10 -Eventually most of the Bill of Rights was enforceable against both the State and national governments through the Fourteenth Amendment -A tort is a civil wrong doing -An example of third party liability is a tort action against your landlord for not providing sufficient security in your building that led to his being indirectly responsible for your being mugged -The plaintiff is the party that brings the tort action -A misdemeanor is a crime punishable by incarceration for up to a year in jail -A felony is a crime punishable by incarceration for a year or more -In contrast to a criminal action a tort action is never punishable by incarceration -The standard of proof in a criminal trial is beyond reasonable doubt -The standard of proof in a tort trial is preponderance of evidence -A crime is prosecuted the state in its own name -In O...	2 / 424
Buisness Law CH 1-6 notes 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...	5 / 1245
Exclusionary Rule The law, 18 U.S.C. sections 3501, provides that courts should weigh a number of factors in deciding whether a statement made by a suspect in custody was voluntary...	2 / 403
exclusionary rule The U.S. supreme introduced the exclusionary rule in 1914 in the case of Weeks v. United States as a remedy for violations of the fourth amendment The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial...	2 / 336
The 5th Amendment Basically, the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jury's permission, except in cases regarding the military while under service in wartime or public danger...	3 / 694
Criminal Justice Introduction to Criminal Justice Professor Clise Due Process and the Bill of Rights August 29, 2008 Here is the memo that you had asked for. I hope that this helps...	4 / 1034