BUL 3310 FSU Exam 1

Substantive Law

Part of the law that creates and defines the rights, duties, and powers of individuals.
-The right to sue for breach of contract
-The power to amend the articles of incorporation
-The duty of care owed to a person on business property

Procedural Law

The rules that prescribe the steps for having rights judicially enforced

Public Law

Constitutional Administrative Criminal

Private Law

-Between individuals as private citizens
Contracts
Torts
Property

Sources of Law

-Federal & State Constitutions
-Federal & State Legislatures (House of Congress)
-Executives (President, Governor)
-Average Citizens, Society(norms, ethics)

Common Law Stare Decisis (Precedent)

-Supreme Court(Laws are Made; binding precedent)
-Appeals Court(Laws are double checked; Corrections)
-Trial Court(Laws are applied)

Cases To Read

-Kelo vs. City of New London
-The Case of The Speluncean Explorers
-Tedrick Case
-Jeff Roach v Howard Stern

Crimes

Wrongful actions against society.

Civil Actions (Torts)

-Involve private parties
-Private party initiates the action
-Primary objective is to make the injured party "whole" through damages. (i.e. money)

Briefing the Case

-Facts
-Issue
-Rule(legal authority; binding precedent)
-Application(facts applied to the rule)
-Conclusion

Legal Realism

-Looks at common sense and experience
-Acknowledging the fact that are human and law is necessarily a human exercise
-It seeks out empirical data( what people ordinarily do and want)

Influences of the Law

-Politics
-Morality
-Public Opinion
-Legitimacy
-Precedent
-Common Sense/Experience
-Economics
-Inherent(Permanent) Biases

Judge

Rules on matters of the law
-What are the legal elements of the offense
-What is the standard of proof
-The admissibility of evidence

Jury

The finder of fact

Attorney's Role

-Officer of the Court
-Client Advocate

Client's Role

-The party asserting a case requires standing

Jurisdiction

The authority to adjudicate (apply law to facts)
-Can be based on: Geography, Statute(written law), Contracts, Type of legal question

Due Process

-Protected by the 5th amendment
-Prevents laws that are arbitrary, retroactive, ill-defined
-No person shall be deprived of life, liberty, or property without this.

Federal Issue

Anything related to the Constitution or a federal statute (i.e. patents, federal crimes, constitutional issues)
-A legal zone

State Issue

Everything that isn't a federal issue
-A legal Zone

Federal Jurisdiction

-Diversity: The Federal district courts have all original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs
-Over Federal Issues

State Jurisdiction

-Anything not covered under federal law or diversity
-E.g. contracts, torts, real property(real estate and moveable property)

Courts Level of Interpretation

Trial>Appeals>Supreme

Courts Level of Interpretation: Trial

-Narrow Interpretation
-Apply law to facts

Courts Level of Interpretation: Appeals

-Broader Interpretation
-Interpret/Correct errors of law

Courts Level of Interpretation: Supreme

-Broadest Interpretation
-Interpret/Correct/Make Law

Litigation

The process of taking legal action

Litigation Roadmap

1.Pleadings
2.Discovery
3.Trial
4.Enforcing the Judgement

Pleadings

-Defines the facts and legal causes of action
-Complaint is filed by plaintiff
-Answer is filed by defendant
-Motions

Discovery

-Subpoenas(requests for evidence)
-Depositions(oral interrogations under oath)
-Interrogatories(written statements under oath)
-Declarations
-Occurs during pleading and before trial
-All types of electronic records

Trial

-Verdict
-Judgement
-Jury Selection( Venire, Voir Dire, Premptory Challenges)

Burden Of Proof

-Typically imposed on the plaintiff/state

Verdict

Facts determined by Jury are applied to law as instructed by Judge. After this is announced a judgement is entered

Appeals

Submission of an appellate brief (arguments of both fact and law, facts are not questioned unless clearly erroneous)
-Appellate court reviews the trial court transcripts

Motion to Dismiss

-Facts are all assumed true for arguments sake
-Party submitting the motion then asks the judge to decide a question of law

Examples of Motion to Dismiss

-Lack of jurisdiction
-Lack of standing
-Statute of limitations

Statutes of Limitations

Laws passed by a legislative body in common law systems to set the maximum time after an event when legal proceedings may be initiated. When the period of time specified passes, a claim can no longer be filed.

Complaint (Filed)

-These 'facts' are only allegations

-Facts are determined to be true or false by the Jury taking all the relevant and allowable evidence into account

-Burden of proof needs to be satisfied to determine factual issues

Plaintiff's Attorney

-Also known as "trial attorneys" or the "plaintiff's bar"

-They charge the client only if they obtain some monetary relief (settlement or verdict) under a contingency fee arrangement (typically 1/3 )

-They represent a major concern for businesses and insurance companies

Torts

A breach of a civil duty owed to someone else.

-Are largely created by the courts (judge-made law), and many date back to the old British common law courts

Purpose of Tort Law

-To make the injured party whole (compensatory damages)

-To deter (prevent) this type of behavior (punitive damages,

Legal Duty

A socially recognized standard of behavior that the legal system tries to uphold, define and enforce through a penalty system (can include commercial standards of behavior)

-Changes in certain circumstances

Classification of Torts

1. Intentional Torts (intent needs to be shown) (mens rea)

2. Negligence Torts (lower mens rea, e.g. carelessness)

3. Strict Liability (no mens rea)

Mens Rea

Mental State

-Determines the level of culpability (a.k.a. fault)

4 States of Intent(mens rea)

Purposely

Knowingly

Recklessly

Negligently

Purposely

A person acts this with respect to a result if his/her conscious object is to cause such a result (i.e. Premeditated)(linked to specific actions and outcomes)

Knowingly

A person acts this if he/she does not hope for the result but is practically certain that his/her conduct will cause it

Recklessly

A person acts this if he/she is aware of a substantial risk of causing the result

Negligently

A person acts this if he/she is unaware of a substantial risk of which he/she should have been aware

Parties Who can be Held Liable Under Tort Law

Individuals Businesses under Agency Theory

Types of International Business Torts

-Assault

-Battery

-False Imprisonment

-Privacy

-Emotional/Mental Distress

Duty

-Legal obligation to observe a standard of conduct(question of law for judges/lawmakers to decide) -Arises from commercial and social interactions