mgmt 246 CSUF (Dale Martin)

define: law

set of rules for regulating society and civilians

common law

(english) historical law

case law

established precedent from previous court cases

code law

"statute", part of the legislative process, after the president/governor signs it it becomes a code, (ie. vehicles, taxes)

modern law

adoption of the constitution, highest law of the land

define : courts

a body in power to hear and decide disputes

jurisdiction = ?

power

original jurisdiction

trial court

appellate jurisdiction

decides if the trial court made a mistake, no new trial, no new witnesses, reviews trial court only

general jurisdiction

hears everything

limited jurisdiction

bankruptcy, tax, patent, copyrights

court organization (federal)

1. US Supreme Court

2. Federal Court of Appeals (Circuit Court)

3. District Court (orignal jurisdiction)

4. tax, patent, admiralty, etc.

court organization (state)

1. California Supreme Court

2. Courts of Appeal

3. Trial Courts (superior courts)

4. Municipal

5. Small Claims

Court Procedure

1. Complaint (plaintiff suffered some financial loss personally, property, reputation)

2. Service of Process (Summons and locates the defendant and serves the physical copy of the lawsuit to summon them to court)

3. Response to summons (once received the defendant must "answer" and respond)

4. Motions (request to judge)

5. Discovery (both sides trying to find evidence, pricy and most expensive part)

6. Trial (back and fourth between plaintiff and defendant)

Post trial

1. mistrial (mistake of judgement)

2. judgement (from judge)

3. appeal

4. execution

Crime

violation against society, the state, requires mental intent

felony

any crime punishable by 1 year or more in a state penitentiary

misdemeanor

everything else

infraction

parking ticket, j-walking, littering, petty crimes, etc.

Various Crimes

1. Larceny

2. Burglary

3. Arson

4.Robbery

5. Forgery

Larceny

wrongful taking and carrying away of the personal property of another with intent to deprive the owner thereof

Burglary

breaking and entering the dwelling house of another

Arson

Intentional burning of the dwelling house of another

Robbery

Larceny with force or threat of force

Forgery

The fraudulent making or altering of a document

defense =

excuse

self defense

use of like force (your life must be in jeopordy)

Insanity, Infancy, Intoxication

1. Insanity (if at the time of the crime you were not able to distinguish right or wrong)

2. Infancy (if you are under the age of majority the law presumes that you are unable to form the reckless intent)

3. Intoxication (you cannot get drunk on your own. ie. someone spiked your drink etc.)

statute of limitations

time limit

double jeopardy

under the 5th amendment states that thou shalt not be tried for the same crime twice, it also inhibits your ability to have a speedy and fair trial, the gov. can only prosecute you once

tort defintion

a civil wrongdoing, duty, breach, cause, damages, defenses

punitive damages

example: the injured party says something defamatory against you in a newspaper, the court can award YOU compensatory damages but the court can ALSO fine the newspaper for punitive damages (the purpose is not to reward the victime, it is to punish the wrongdoer)

Compensatory damages include

you sue someone for compensation from damages/injury to your reputation, property etc.

intentional infliction of emotional distress

outrageous conduct: requires, loss of hair, nervousness, anxiety, stress, etc. (paparazzi always has a camera in someones face, even public persons are entitled to emotional distress)

defamation and intentional infliction can both happen in the same situation

True or False

"burden of proof"

we are all innocent until proven guilty

violent crime

a crime that involves threat or uses force, including assault, murder, rape or robbery.

property crime

crimes that did not involve violence, including burglary, larceny-theft, motor vehicle theft, and arson

"venue" =

place

Alternative Dispute Resolution

sometimes parties dont want to go to court so that person (like a rent a judge ie. judge judy) has the power of attorney to hear and decide the dispute

negotiating =

to settle

mediation

third party has no authority but tries to facilitate between two parties

product defects: Manufacturing defect

the thing was engineered properly but manufactured poorly

product defect: Design defect

with proper use of the machine, the product was designed poorly

strict liability

absolute responsibility, no excuses, strict liability deals with hazardous activities

Res Ipsa Loquitur

the thing/facts speaks for itself

negligence

the failure to act as a reasonable person would act under the same circumstances/situation (unintentional tort), occurs when someone suffers injury because of another's failure to live up to a required DUTY OF CARE

strict negligence

it does not matter how much care you have given, you are absolutely reliable

defences to negligence

assumption of the risk

FRAUD

a LIE intended to make someone do something

Libel

written defamation

slander

verbal defamation

false imprisonment

non-consented/unauthorized holding of someone