MGMT 311 Exam 1

What is law

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

Definitions of law

each is based on a general observation concerning its nature

Sources of Law (hierarchy order)

Constitutions

Statutes (Acts)

Administrative Rules/Regulations

Common Law (+case law/judge-made law)

Constitutions (federal and state)

establishes organization, powers, and limits of governments

U.S. Constitution

Supreme Law of the land

creates national government

10th amendment reserves all powers not granted to the federal government to states

State Constitutions

create state governments

highest form of law within borders of that state

T/F State Constitutions are subject to U.S. Constituion

True

Statutory Law (Acts)

created by Congress and state legislatures

Where can Statutory Law (Acts) be found

Federal and state code of laws

Federal Statutes

passed by federal congress and applies to ALL U.S.

State Statutes

apply only to the state

Municipal/County Government enact

ordinances, which govern matters not covered by state or federal law

Uniform Laws

State Legislature may reject or adopt uniform laws, if adopted, the law becomes part of state statutory

Most accept uniform law

Uniform Commercial Code (UCC) (standardize commercial transactions)

Administrative law are from

local, state, or federal agencies

Agency Functions/Powers

rule-making

investigation and enforcement

judging violations of rules (Ajudification)

Federal Agencies

Executive agencies - president has more power here

Independent regulatory agencies - president has very little power

Common Law is based on

English Ancestry in all states but Louisiana (French)

Because of the __________ chaotic judicial system, _______ the conqueror set up _______

Norman Invasion, William the Conqueror, Early Courts

Early Courts

hear cases where the winner would receive something of value ($, property)…not solve all issues

Legal Remedies

compensatory damages, general damages, punitive damages, nominal damages

Special damages

quantifiable losses

loss of time

earnings of job missed

loss of money

paid out money (ambulance bills)

property damages

car damages/replacement value

General damages

subjective/opinions

Pain and suffering damages

economist put pain into $$$

injury to reputation

slander cases

mental anguish

emotional pain and suffering

disfigurement

burns, scares, amputation, paralyzed

loss of earning capacity

ability to earn money in lifetime (Loss of promotions/raises that being disabled might cause)

Punitive/Exemplary Damages

in unusual and unexpected cases

Purpose it to punish wrongdoer

given in addition to compensatory damages

Nominal Damages

SMALL, shows law was violated without asking for more

Courts at Equity/Remedies at Equity Early Courts

“chancler’s court” if party situation can’t be solved by value, it was sent here for religious figure head to handle it “fairly”

Equitable remedies are only available if…

legal remedies are legally inadequate

Types of Equitable Remedies

specific performance

Injunction

Rescission

Specific Performance

court order requiring breaching party to a contact to perform as promised

HAS to be something rare (antique car, coin collection) OR real estate

Injunction

(~restraining order) court order directing someone to perform an action or not perform an action

Temporary prior to actual litigation (usual bc party asking doesn’t have other party present to defend)

Permanent after litigation

Rescission

action to undo an agreement, parties can agree to one themselves without a court order

Equitable Maxims

principles that guide judges to make decisions

(ex: if you have a cause of action, you need to take action promptly = Statute of Limitations, not apply to murder)

Doctrine of Stare Decisis

“to stand on decided cases”

use of precedent

Binding

Judges are obligated to follow precedents established by higher courts in their jurisdiction “territorial” levels of courts

Who has the power to overrule precedent

High courts

Functions of Stare Decisis Doctrine

court efficiency

creates a more just and uniform system

makes laws stable and predictable

allows us to use lessons learned in the past

Persuasive Precedent

precedent from other jurisdictions that another jurisdiction can choose OR ignore as guidance for a similar case

Departures from precedent

Prior rule was incorrect

precedent is now outdated

Plessy vs Ferguson

Louisiana railroad assigned seats based on race, which was ruled constitutional at first

Brown v Board of Edu

School segregation ruled unconstitutional and helped overrule precedent established by Plessy v Ferguson

Dobbs v Jackson Women’s Health

Overruled Roe v Wade (federal issue —> state) Abortion became a state decision

Cases of First Impression

There is no legal precedent to base a decision

Factors used when court is faced with a case of first impression or when conflicting precedents exist

persuasive precedent

legal principles and policies underlying previous court decisions and current statutes

Fairness

Social Values and customs

Public policy

social science data

Legal Reasoning IRAC

Issue, Rule, Application, Conclusion

Nature of law that says there is no right answer somtimes

subjectivity

Common Law Today

Courts creating today do same thing as early, writing opinions based on opinions

Classifications of Law

Not mutually exclusive; they overlap

substantive vs Procedural

Public vs Private

Civil vs Criminal

Substantive law

laws define and describe rights and duties

Procedural Law

methods of enforcing your rights (police having to read Miranda rights)

Public Law

if govt is anywhere in the case

private law

if govt is not in the case

Civil law

rights and duties between people (& businesses) and between people and the govt in non criminal matters

Civil Law Name of parties

Plaintiff

Defendant

Civil law main purpose

compensation: be made whole again

Civil Law Burden of proof

Plaintiff “by a preponderance of the evidence” only has to tip slightly in their favor

Criminal law

concern wrongs committed against public as a whole

criminal laws name of parties

govt (state or fed)

defendent

criminal law purpose

punishment to set example and protect public as a whole

criminal law burden of proof

govt “beyond a reason of doubt” (OJ Simpson found not guilt bc glove didn’t fit)

Order of Courts in Case Trials

Trial Court, Court of appeals, High Courts

Trial Court:

person who filed the suit:

person being sued:

plaintiff

defendant

In a trial court, if party suing is not asking for damages, parties are referred to as

Petitioner

Respondent

Court of appeals may reverse order of names in title if

defendant loses in trial court and then appeals

Court of Appeals

party appealing:

party who won at trial and defends against the appeal

appellant

appellee

High courts may switch order of names again if

appelle loses in the Court of appeals

High Court

Party appealing to the high court:

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

Petitioner

Respondent

Opinions Issued by reviewing (appellate/high courts)

unanimous, majority, concurring opinion, dissenting opinion

Unanimous opinion

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

Majority opinion

majority of justices hearing the case agree and join in the reasoning of the decision

concurring opinion

justices on the court file a separate opinion bc he agrees with the result of the decision but not reasoning behind it

dissenting opinion

justices on the court files a separate opinion bc he disagrees with the decision of the majority

Regulatory Powers of States

sovereignty, police powers

Sovereignty

Power to govern themselves stems from the 10th amendment

Police Powers

Right of state governments to regulate private activities to protect or promote public order, health, safety, morals, and the general welfare

Privileges and Immunities Clause

if citizens of one state engage in basic and essential activities in another state, they must be treated same as citizens of the foreign state unless the foreign state has a SUBSTANTIAL REASON for treating nonresidents differently from its own residents and the reason for the discrimination is substantially related to the foreigns state’s purpose in adopting the legislation

Example of the Privileges and Immunities Clause “basic and essential” activities

access to jobs/ability to earn a living, access to housing

Substantial reason (Privileges and Immunities Clause) example

Out of State Tuition

Full Faith and Credit Clause example

if you win and sue for 10mil in TX court but an Ohio person, you can go to Ohio and their courts will help you get their money (applies to only civil matters)

Full Faiths and Credit Clause

rights established under deeds, wills, and contracts will be honored in other states

Separation of Powers

allows each branch to limit the actions of the other two branches, thus preventing any one branch from exercising too much power.

Separation of Powers - legislative branch

can enact a law, but the executive branch (the president) has the constitutional authority to veto that law.

Separation of Powers - executive branch

is responsible for foreign affairs, but treaties with foreign governments require the advice and consent of the Senate

Separation of Powers - judicial branch

Congress determines the jurisdiction of the federal courts, and the president appoints federal judges, with the advice and consent of the Senate. This branch has the power to hold actions of the other two branches unconstitutional

Commerce Clause

gives federal govt the power to regulate the movement of goods and services

Gibbons v Ogden ruling

Federal govt can regulate intrastate if the commerce concerns more than one state

Wicked v Filburn

farmer’s crop production to be used wholly for consumption on his farm was subject to federal regulation because it affected interstate commece

Heart of Atlanta Motel v US

commerce clause - not letting certain races stay at hotel, ruled in favor of US because it doesn’t matter how “small” you are, stopping certain races from staying at your place violates law

Commerce Clause Today Case

Gonzales v Raich

The Supreme Court has allows the federal govt to regulate noncommercial activities relating to medical marijuana that take place wholly within a state’s borders - states can allow it but bc federal law doesn’t could still be arrested

CCT - The “Dormant” Commerce Clause

negative aspect of the commerce clause that implies states do not have authority to regulate interstate commerce

comes into play when state regulations affect interstate commerce

example of The “Dormant” Commerce Clause

Raymond Motor Trasp. Inc v Rice

regulating length of Trucks

raymond: burden to not pass thro and deliver

rice: safety (harder to turn, stop, etc)

court rules that it is too much a burden: Raymond Wins

CCT - Preemption

federal congress chooses to act exclusively in an area of the law that could be viewed as a concurrent area

present anytime there is direct confict between state and federal law. When conflict is present, federal law controls

concurrent area

means it could be controlled by either state or federal law