MGMT 311 exam 1 (ch.1-5)

law

enforceable rules governing relationships among individuals and between individuals and their society

Primary Sources of Law

Constitutions

Statutes (Acts)

Administrative Rules/Regulations

Common Law

• case law

• judge-made law

Constitutions

establishes organization, powers, and limits of governments

US Constitution

1. Supreme law of the land

2. Creates national government

   1. 10th amendment reserves all powers not granted to fed gov to states

State Constitutions

1. create state govs

2. highest form of law within borders of that state

3. subject to US Constitution

Statutory Law

created by congress and state legislatures

acts

Federal statutes

everyone follows these

ex. civil rights act

State statutes

only in borders of states

ex. tx human rights law

1. found in federal & state code of laws

2. cannot violate constitutional law (state or federal)

before then… have to comply to statue even if violate const. → lawsuit → goes through sys. → declared unconst.

Municipal/County Government

part of statutory law

1. enact ordinances which govern matters not covered by state or federal law

2. ordinances cannot violate US or state const.

ex. city/county land use (zoning ordinances), building & safety codes, etc.

Uniform Laws

“MODEL STATUTES”

• state legislatures may reject or adopt uniform laws - can consider

• if adopted, the law becomes part of state statutory laws

  • UCC - most accepted uniform law

NOCUSL

draft uniform laws

UCC (uniform commercial code)

most accepted uniform law

states = all/part adopted

facilitates commerce among the states by providing uniform, yet flexible set of rules governing commercial transactions

Administrative Law

created by admin. agencies (gov. agency established to perform a specific function)

ex. Federal Trade Commission

dominant element in regulatory environment of busn!! - affect almost every aspect of busn operations

ex. environmental regulations

1. can have local, state, or federal agencies (“unchecked power!! a lot of)

2. agency functions: 3 powers

3. federal agencies

Administrative Law - Agency Functions

1. rule making

2. investigation + enforcement

3. to judge → in their own agency law courts

Federal Agencies - Executive agencies

national lvl

cabinet departments of the exec. branch

ex. FDA (food & drug admin) is in US Dpt. of Health/Human Services

Federal Agencies: Independent regulatory agencies

ex. FTC (fed. trade commission), Securities & Exchange commission, federal communications commission

Common Law

rules of law announced in court decisions

• case law

• judge-made law

early courts → sought to establish uniform set of customs for country as a whole

Early Courts

Kings Court (the judge) → resolved w something of value ($, property land, items — 3 remedies) remedy is what winner gets

Legal Remedies (or remedies at law)

$$ NOW = monetary damages

what winner gets

legal means to enforce a right or to readdress a wrong
uniform for settling disputes

Compensatory damages

being $$ → designed to compensate to make whole

Special damages

provable, quantifiable, can see + read w/ eyes

ex. car accident → want to make injured whole again

loss of time: no work

loss of money: hospital bills

property damages: car

General damages

if relevant, ask for it ($$ amt up)

• pain and suffering: physical

• injury to reputation: defamation

• mental anguish: emotional suffering

• disfigurement: no more legs…

• loss of earning capacity: cant earn $ in future

plaintiff vs defendant

a defense is an argument raised by the defendant (party being sued) indicating why the plaintiff (suing party) should not obtain the remedy sought

Punitive/Exemplary Damages

1. purpose is to punish wrongdoer

2. given in addition (on top of) to compensatory damages

Punitive - separate proven → big enough it hurts!!

ex. if diddy loses he gotta pay bigijillion dolla

Nominal Damages

law violated but not worth $

jury cant give more than u ask for

small ($1,$5)

Equitable remedies…

are only available if legal remedies (money damages) are legally inadequate ($$$ doesnt solve legal issue)

Types of Equitable Remedies

1. specific performance

2. injunction

   1. temporary - prior to actual litigation

   2. permanent - after litigation

3. rescission

Specific Performance - Types of Equitable Remedies

court order requiring the breaching party to a contract to perform as promised in the contract

• unique item in contract breaching (ex. house, items, etc. portrait)

Injunction - Types of Equitable Remedies

court order directing someone to perform an action or stop performing an action

1. temporary - prior to actual litigation

2. permanent - after litigation

Rescission - Types of Equitable Remedies

action to undo an agreement/contract

Equitable Maxims

ex. statute of limitation (murder) - time limits on cases of action)

can request both legal + equitable remedies

The Doctrine of Stare Decisis

“to stand on decided cases”

Use of “precedent”

similar past cases - prior similar case

judges are obligated to follow precedents established by the higher courts in their jurisdiction bc of the doctrine of “Stare Decisis”

Functions of Stare Decisis Doctrine:

• court efficiency

• creates a more just & uniform sys

• makes the law stable & predictable

• allows us to use lessons learned in the past

Binding Precedent vs. Persuasive Precedent

type of controlling precedent

federal → state

US supreme court decisisons

Binding Precedent vs. Persuasive Precedent

not binding

ex. cali courts X tx courts → can manipulate

Departures from Precedent

• incorrect prior ruling

• outdated

Plessy v. Ferguson (US 1896) —> Brown v, Board Education (US 1954)

5v4 won seperate but equal… segregated is ok OVERRULED!! not binding precedent

—>

IT’S THIS NOW! declared racial segregation in public schools unconstitutional

Dobbs v. Jackson Women’s Health (US 2022)

overrule Roe v. Wage precedent

Cases of first impression

1. there’s no legal precedent on which to base a decision

factors used when court is faced w case of first impression or when conflicting precedents exist

persuasive precedent (research other states w similar legal authorities that court may consult for guidance but NOT binding)

legal principles & policies underlying previous court decisions & current statutes

fairness

social values & customs

public policy

social science date

Legal Reasoning (types)

IRAC

1. Issues: what are the key facts and issues?

2. Rule: what rules of law apply to this case?

3. Application: How do the tules of law apply to the particular facts of this case? (cases on point)

4. Conclusion: what conclusion should be drawn?

Cases on point

previously decided cases that are similar as possible to the one under consideration

No one right answer sometimes

good arguments can be made on both sides

laws can be flexibly interpreted

personal beliefs and moral philosophies play a role

Common Law Today

govern areas NOT covered by statutory/admin. law

courts interprety statutes & regulations

Classification of Law

Numerous ways to classify laws

Classifications are not mutually exclusive; they overlap

Most common classification sys:

• substantive vs. procedural; many statutes contain both

• public vs private

• civil vs criminal

Classification of Law: substantive vs. procedural

define/describe our rights & duties

Classification of Law: substantive vs. procedural

methods of enforcing ur substantive laws

Classification of Law: Public v Private

gov is the party to the case

Classification of Law: Public v Private

gov is not in case

ex. busn vs busn

Classification of Law: Civil vs Criminal

rights/duties between ppl or between ppl & their gov in non-criminal matters

ex. priv vs priv, contract & tort law

• Names of Parties - plaintiff (complaint) → to court abt defendant

• Main purpose - compensation

• Burden of proof = plaintiff

  • “by a preponderance of the evidence”

Classification of Law: Civil vs Criminal

wrongs (crimes) committed against the public as a whole (protect society!!)

procedural req. = miranda rights

• names of parties - government (any lvl state or fed) —> defendant

• Purpose - punishment

• Burden of proof = gov.

  • can’t prove “beyond a reasonable doubt”

  ex. diddy was on trial vs. fed gov

Trial Court - Case Titles and Terminology

Plaintiff vs. Defendant

some cases where party suing is not asking for damages, parties referred to as “petitioner” and “respondent”

Courts of appeals - Case Titles and Terminology

may reverse order of names in title if defendant loses in trial court and then appeals

Appellant: files the appeal, party appealing

Appellee: party who won at trial and defends against the appeal

High Courts - Case Titles and Terminology

may switch order of names again if appellee loses in court of appeals

Petitioner - (files the appeal) party appealing to the high court

Respondent - won at court of appeals level and defends against petition to Supreme Court

Opinions issued by reviwing (appellate/high courts)

decision reached = explained in written format

• unanimous

• majority

• concurring opinion

• dissenting opinion

Unanimous

all members of the appellate or high court agree - very strong precedent

Majority

if no unanimous → winner

a majority of the justices hearing the case agree & join in the reasoning of the decision

Concurring Opinion

justice(s) on the court file(s) a seperate opinion bc he agrees w the result of the decision but not the reasoning behind it

ex. similiar cases

Dissenting Opinion

justice(s) on the court files a seperate opinion bc he disagrees w the decision of the majority