Business Law Ch.1&2

Law

body of rules of action or conduct prescribed by controlling authority and having legal binding force.

Duties/obligations

What you’re required to to

What is example of duties and obligations?

you must stop at a stop sign

Jurisprudence

Defined as the science and philosophy of law, defines several schools of thought that are used to describe various approaches to the appropriate function of law and how legal doctrines should be developed and applied

What is Juris?

law

Simple definition of Jurisprudence

The law and how it works

Purpose of law?

Provide for some system of order that defines rules conduct and levies punishment or other consequences for the violation of those rules.

Law is a method for resolving disputes by providing a basis for deciding…

The legal interests and rights of parties.

How does the law serve as an important catalyst for commerce?

by promoting good faith dealing among merchants and consumers.

What are the main purposes of law?

To provide a system of order, promote equality/justice, provide method to solve disputes, to promote good faith dealing w merchants, and to provide a degree of reliability in the law.

Noncompliance

consists of openly disregarding or flouting the law

What is system of order?

law is a system that keeps society in order

What is Good faith?

Doing the right thing

Reliability

law remains the same so we can check it for consistancy

Value Creation

When following this law, this creates a value for your business.

What is Foundation for all other law

Every law we have can’t violate the constitution

Supreme Law of the land

The Constitution is the supreme or most important law in the country

Structure

The federal government and state gov share power

Enumerated Powers

The federal gov and state gov both get powers that are enumerated listed in the constitution

Federalism

Where both the federal gov and state Gov share power

Civil Rights

Your rights as a civilian/citizen of the u.s

Procedural Protections

Lists the procedures/ways you can protect your rights

Permanence

rights in the constitution are permanent or stay the same EXCEPT for when society begins to think differently about a topic.

Preempt

constitution law will always preempt or trump all other laws

Statues

laws written by legislature/congress

Ordinance

local laws that keep local areas orderly

what is common law?

Essentially law made by the courts (judges)

If the constitution, a statue, or administrative law is silent about a topic…

Then we ask judges to make a law about that topic

Doctrine

a principle/rule/way of doing things

Stare Decisis

Latin for “Let the decision stand”

Doctrine of Stare Decisis

The doctrine/ rule of stare decisis/ judges will rule the same way they have in the past

Doctrine of Stare Decisis

Precedent

Precedent

Judges today must rule the same way they ruled in the past/what happened or precedented before

Litigation

The act of suing

Litigant

party/person in a lawsuit

Predictability

We know judges have always ruled a certain way on a specific issue, so we can predict that they will rule that same way today regarding that same issue.

When our society changes

Our laws change

Adminstrative law

source of law that regulates the exercise of authority by government agencies

Civil laws

designed to compensate parties for losses resulting from another’s conduct

Criminal laws

designed to protect society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment

Losses

The money or property someone lost

Compensate

To fix

Criminal law

someone broke a law and committed a CRIME; someone could go to jail; no one is suing anyone; instead, the government is prosecuting someone for a crime

The government can only do things….

specifcally granted to it by the constitution.

What is judicial review?

the notion that courts have the right to invalidate laws that are inconsistent with the us constitution in some way

What is the significance of Marbury vs. Madison?

The constitution is superior to federal and state statues.

What rights does the first amendment grant to you?

Religion, Press, Speech, Assembly, and petition.

Types of speech not protected

Unsafe speech, obscenity, defamation, and false advertising.

Unsafe speech

if your speech could harm public safety

Obscenity

someting offensive or disgusting

Defamation

act of communicating false statements abt a person that injures the reputation of that person.

What is libel?

written lies

What is slander?

spoken lies

What do state courts do?

adjudicate cases arising under state statues, state common law, or state constitutional law.

Most court cases filed in u.s are brought in

state courts

all 50 states have what two tpoes of courts?

state trial courts and state apellate courts

Plaintiff

the person suing. has a complaint.

What is a private wrong?

civil injury affecting an individual, but not the community.

Appellate courts do not have…

Trials. they just review what happens.They see if a judge made an error in any of his rulings

Appellate courts asses the lower courts decision by:

looking at transcripts for errors, reading briefs, and hearing oral arguments.

Stare decisis

judges must rule the same way they have in preceding/earlier cases.

Writ of Certiorari

when an appellate court decides to review a case at it’s own discretion

mississippi has two types of courts

circuit courts and chancery courts

What is chancery courts?

only hear civil matters

What mare circuit courts?

handles most civil matters for the county, all felony crimes. appeals from lower courts, (justice and municipal)

Felony

crime punishable for more than one year

misdemeanor

less serious crime punishable fro less than one year

Justice court

each county has a justice court. hears civil cases where amt in controversy is 3500 or less. Hears all misdemeanor cases committed in the county.

Minicipal court

doesn’t hear any civil cases. Hear’s all misdemeanor cases commited in the city.

Federal Courts

Courts that handle cases involving federal laws, the U.S. Constitution, and issues states cannot decide.

State courts

Courts that handle cases involving state laws, state constitutions, and local matters.

Trial Courts

Courts where cases are first heard. They handle evidence, witnesses, and verdicts.

U.S Supreme Court

ultimate arbiter of federal law. The highest state court.

U.S courts of appeal

federal appellate courts. 13 regional courts

U.S district courts

principal trial courts. they are the main federal trial courts found in evefry state.

Rem Jurisdiction

power of a court over property located within it’s boundaries. (“In Rem”= over the thing)

Subject matter jurisdiction

power of a court to hear a case based on what the case is about

Venue

most appropriate physical location for a trial. Determines where the case will be heard.

Personal jurisdiction is determined by:

the place where the defendant lives or the place where important activities occurred.

All phases of litigation

prelawsuit, pleadings, discovery, trial, posttrial

Prelawsuit phase.

Before filing, parties try to settle the dispute. They consider requirements like standing (right to sue) and statute of limitations (time limit). NegotiaNegotiationtoin is often used her as a form of ADR

Pleadings stage

Formal documents (pleadings) are filed. The plaintiff files a Complaint to start the lawsuit; the defendant files an Answer in response.

Discovery state

Both sides exchange evidence through legal processes like depositions, interrogatories, and requests for production.

Trial phase

The case goes before a jury or judge. Involves jury selection, opening statements, presenting evidence, jury instructions, closing arguments, and deliberation leading to a verdict.

Posttrial phase

after trial, parties may appeal the decision to a higher court.Complaint

Complaint

The plaintiff’s initial pleading that starts the lawsuit. It states the facts, damages, and why the defendant is legally responsible.
Plain language: The plaintiff’s “paper of complaint” telling their side of the story.

Answer

The defendant’s response to the complaint, addressing each claim. If the defendant does not answer in time, they may lose automatically by default judgment.
Plain language: The defendant’s “reply paper” that answers the plaintiff’s accusations.

discovery

The stage where parties exchange information and evidence before trial. Ensures both sides know what evidence the other has.
Plain language: The process of “discovering” what the other side has for proof.

Depositions

Oral questions asked of a party or witness, answered under oath, recorded by a court reporter. No judge is present. Can be used later to discredit a witness if their testimony changes.
Plain language: Lawyers ask spoken questions, answers are recorded—like practice testimony.

Interrogatories

Written questions sent to the opposing party, answered in writing under oath.
Plain language: Written Q&A sent to the other side

Request for production

Formal requests for documents, records, emails, or other evidence relevant to the case.
Plain language: Asking the other side to hand over physical evidence or documents.

Jury selection

lawyers question potential jurors to check for bias

Opening Statements

each lawyer explains their case to the jury at the start

Presentation of Evidence

Lawyers call witnesses and present proof

Jury instructions

judge explains rules and laws the jury must apply

Closing arguments

lawyers summarize their case and try to persuade the jury.