Mizzou Business Law 3540 Brand Exam 1

Sources of law

Constitutions, Statutes, Admin Law, Common law

Courts primary purpose

Dispute resolution

What types of cases do private parties bring?

Civil, gov criminal

Can you lose your liberty in a civil suit?

No

What is the best standard of proof?

beyond a reasonable doubt

State Court System

Court of last resort, appellate court, trial court

How many US circuit of appeals are there?

13

How many US district courts are there?

94

Who established lower courts

Legislative Branch

Which court is known as the "fact finders"

Lower courts

Where can I file my lawsuit?

Must have personal and subject matter jurisdiction

What does personal jurisdiction look at?

The parties (Primarily geography)

What does subject matter jurisdiction look at?

Type of dispute

What do I need to get to federal court?

Diversity jurisdiction or federal question

What does venue ask?

Which judicial court can initially hear the case?

What 3 things do you need in every single lawsuit

PJ, SMJ, and Venue

What is the service of process?

Serving of a complaint and summons

How does an answer work?

Direct response

Can I move to dismiss a trial before it begins?

Yes

What is discovery

Depositions, interrogatories, doc production, request for admission of facts

What is voire dire?

Jury selection

What happens if there is an unsatisfied party?

One mandatory appeal

How much money has to be at stake to request a jury trial?

More than $20

Pros of ADR

Faster, cheaper, allows parties more control

Negotiation

Parties work together to resolve issue

Mediation

Parties work together with mediator. Will become binding if n one agrees

Arbitration

Binding, consent, Think judge Judy

What did the US constitution replace

Articles of confederation

How many articles are in constitution

Seven

How many amendments are there

27

What type of review provides the most notable check

Self created judicial review

Supremacy clause

Federal law is "Supreme law of the land"

Commerce clause

Federal got can regulate interstate commerce

Taxing and spending clause

Gov can't levy collect and spend taxes

Privileges and immunity clause

No discrimination against citizens of other states

Takings clause

Eminent domain (Gov can't take property without just compensation)

Types of defamation

Libel (written) Slander (spoken)

Defense to defamation?

Truth

Assault

Placing another person in fear or apprehension of imminent and offensive bodily contact

Who judges assault?

Victim

How can words become sufficient of being assault

Accompanied by suggestive actions

Battery

Intentional and unwanted bodily contact

Who judges battery

Tortfeasor

What is required for battery

Intent is only required

Trespass to realty

Internally enter land without permission, placing object without permission

Trespass to personal property

The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.

Conversion

Permanent interference with another's use and enjoyment of his or her personal property.

Self Defense

Only allowed when battery is imminent or has already happened. only allowed to use comparative force

Defense of others

Third party can step in

Defense of property

the use of reasonable force, which would otherwise be illegal, to defend your home or other property

Compensatory damages

Money damages to compensate victim

Economic Damages

lost wages, lost earning capacity

Non-Economic damages

Pain and suffering, mental anguish

Nominal damages

Minimal amount of money that signifies tort occurred

Punitive damages

Punishment

Four elements of negligence

Duty, duty of care, derelict= breach of duty of care, direct cause, damage

Two types of causation

Actual and proximate cause

Actual cause

"Cause in fact" or "but for"

Proximate causation

When a person who has a duty abuses it, and causes harm to another individual; the EMT, the agency, and/or the medical director may be sued for negligence.

How can duties be imposed

Laws, relationships, and conduct with others

Res ipsa Loquitur

the thing speaks for itself

Negligence per se

An action or failure to act in violation of a statutory requirement.

Defenses to negligence

contributory negligence, comparative negligence, assumption of risk

contributary negligence

negligent acts by the plaintiff that helped cause the plaintiff's injuries

Comparative Negligence

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Assumption of risk

voluntarily and knowingly subjecting oneself to danger

Strict liability

Party is liable for resulting injury even when they didn't cause the damage

Plaintiffs can hold others liable if -

Product is defective and defect existed when it left the manufacturer

What do product manufacturers owe to plaintiffs

Duty of care to reasonable customers

Types of defects

Manufacturing, design, and failure to warn

Who proves defects

Expert witnesses, consumer expectations test, feasible alternatives

Negligent product liability (Theory of product liability)

MFR. owed plaintiff duty of care and breached it. Breach caused an injury

Negligent failure to warn

Inadequate warning

Negligence per se

No breach of duty required

Strict product liability

Plaintiff must prove product was defective, and was unreasonably dangerous

Product defenses

Plaintiffs negligence, assumption of risk, misuse, state of the art (New product and manufacturer did their best to make sure it was safe)

Market share liability

Plaintiffs must prove all defendents are tortfeasors, all products were bad, impossible to determine who did it. Hard to trace to manufacturer (Drugs)