Business Law: Exam 1

Common Law

Judge made law or case law applied by judges when statues are not covered. Used by both state and federal courts.

What is the order of most to least powerful for laws:

Constitution, Statutes, Common Law

What is Stare decis?

Decision stand. When judges follow the decisions or precedents of other judges.

Substantive Law

Sets the rights and duties of people as they act in society

Procedural Law

Controls the behavior of government bodies (mainly courts) as they establish and enforce rules of law.

What is negligence per se?

Defendants’ violation of laws + breach of duty

What are the rules of negligence per se? (2 rules)

1. With in the class protected by statue or other law.

2. Suffered harm of a sort that statue or other law was intended to protect against.

What is Federal Question?

When Case arises under the constitutions, laws, or treaties of United States.

What are the rules of the Federal Diversity Restiction?

1.Citizen of Different States

2/ Amount of controversy exceeds $75000.

What are the functions of the law (Six reasons)

1. Peacekeeping

2. Checking government power + promoting personal freedom

3. Facilitating planning and the realization of reasonable expectation

4. Promoting economic growth through free competition

5. Promoting Social Justice.

6. Protecting the environment

Give an IRAC of Lord v. D+J enterprises

Summary: woman was shot, rule was negligence based on invitee, court favored for Lord

What are the elements of negligence (3 elements)

1. Defendant was owed a duty of care to the plaintiff

2. Defendant breached their duty

3. Breach caused actual and proximate cause of injury to plaintiff.

Give an IRAC of Jordan v. Jewell

Jewell did an ad for Jordan. Based on Bolger test it qualified as commercial speech. Case ruled in favor of Jordan

When is an appeal under Certiorari jurisdiction? (3 reasons)

1. The validity of any treaty or federal statue has been questioned.

2. Any state statue is considered unacceptable to federal law.

3. Any title, privilege, or immunity is claimed under federal law.

Invitees

Business + public. Must exercise reasonable amount of care. (Protect from danger they know, and they are unlikely to discover.

Licensees

Someone who enters for their own purposes with the processor’s consent. Processor’s is usually obligated only to warn of dangerous on-premise conditions that they are unlikely to discover.

Trespassers

Someone who enters land without consent or privilege. No duty of reasonable care, but the is a duty is a not to willfully or wantonly injure trespassers once known.

What are the steps of civil procedure

1. Service of Summons

2. Pleadings

3. Motion for judgement on the pleadings

4. Discovery

5. Pretrial Conference

6. Trial

7. Jury Trial

8. Verdict

9. Appeal

What is the order of pleadings?

Complaint, Answer (or motion to dismiss), Reply

Demurrer

A reason for motion for judgement on the pleadings. So what? Even if the plaintiffs’ claims are true, there is no law guaranteeing recovery.

What are the elements of summary judgement

1. No genuine issue of material. (Using pleadings, discovery info, affidavits)

2. They are entitled to judgement as a matter of law (applicable law clearly mandates they win)