Business law 2/11

Learning Module One Conclusion

Today, the objective is to conclude Learning Module One and begin Learning Module Two, while also engaging in mindset activities relevant to the first module. The session will additionally cover a case law assignment which includes two different cases for the students to review: Southern Prestige and Gucci America Inc.

Case Law Assignment

A case law assignment will be introduced during class. The room will be divided, with students assigned one of two cases:

  • Southern Prestige: Assigned to the group closest to the door.

  • Gucci America Inc: Assigned to the group closest to the window.

    Students are informed that they remain responsible for their assigned case even if they sit in different spots in class next time.

Class Attendance

A roll call was conducted to confirm attendance, with each student being acknowledged. Names such as Josiah, Michael Chavez, David, and others were called out to ensure each participant is present.

Classifications of Law

The course recaps classifications of law, addressing substantive and procedural law, and civil versus criminal law. Clarifications on these concepts are provided:

Substantive Law

  • Definition: The term 'substantive' refers to the substance of laws, defining rights and duties of individuals.
  • Examples: Includes rights outlined in the Constitution, such as free speech, religious freedom, and statutory obligations (e.g., employers' duties to ensure safety).
  • Notable Cases: Refers to Plessy v. Ferguson and Brown v. Board of Education, highlighting the substantive laws involved in those decisions, which include the Fourteenth Amendment.

Procedural Law

  • Definition: 'Procedural' refers to the process that must be followed to enforce substantive rights in court.
  • Importance: Emphasis on the necessity of following procedural law to ensure due process for claims to be heard in a court. Procedural law is critical; failure to follow could mean the rejection of a substantive claim, regardless of its strength.

Distinction Between Civil and Criminal Law

## Civil Law

  • Focus: Concerned with disputes between private individuals or entities.
  • Outcome: Primarily involves monetary recovery for the plaintiff, although not limited to financial restitution.

Criminal Law

  • Focus: Addresses actions deemed offenses against society as a whole.
  • Burden of Proof: Requires the government (prosecutor) to prove a case "beyond a reasonable doubt," with a unanimous jury decision necessary for conviction.
  • Consequences: The outcomes may involve incarceration or the death penalty for serious crimes.

Cyber Law

This area of law considers unlawful actions facilitated via the Internet, affecting both civil and criminal law perspectives.

Reading and Understanding Case Law

To facilitate students' comprehension of case law, key components to consider while reading cases are introduced:

Case Name Structure

  • Plaintiff: The first party listed in the case title (e.g., Apple Inc) is known as the plaintiff or petitioner, who initiates the lawsuit.
  • Defendant: The second party (e.g., Samsung) is the defendant, who is responding to the accusations. The distinction between 'defendant' and 'respondent' is also explained.

Legal Analysis of Cases

  • Facts: Understand the underlying facts of the case, including the parties involved and what led to the dispute.
  • Procedural Posture: Identifies the court's context in the hierarchy of the judicial system.
  • Legal Issue: The question that the court must resolve, often triggered with the word "whether."
  • Holding: The court's decision regarding the legal issue presented. Sometimes the court may use phrases like "we hold" or "we conclude".
  • Legal Reasoning: Explains how the court arrived at its conclusion, often referencing prior cases (precedent).
  • Rule of Law: Details the specific laws that govern the case's outcome.

Legal Citations

Understanding of legal citations is provided, explaining a citation's function in referencing case law, which includes the reporter, court information, and year of the decision. For instance:

  • Citation Format: A case citation routinely includes the title of the parties involved, the decision year, and sometimes the volume for reference.

Preparation for Learning Module Two

Transitioning to the topic of courts and alternative dispute resolution, the discussion shifts to the judicial system's structure and powers, including a deep dive into jurisdiction, venue, and standing in legal contexts.

Types of Jurisdiction

  • Personal Jurisdiction: The authority of the court to assert control over the parties involved in the case, determined by their residency in relation to the forum state.
  • Subject Matter Jurisdiction: The court’s authority to hear a particular type of case.

Cases Focused On Jurisdiction

  • Southern Prestige: Focuses on obtaining personal jurisdiction in North Carolina, where the plaintiff resides but the defendant may not.

  • Gucci America Inc: Discusses personal jurisdiction particularly in California, where neither party may reside, posing unique challenges.

    Students are encouraged to parse through the assigned cases, noting the relevant jurisdictional questions and how those will influence the resolution of the cases.