Business law notes
Primary sources of law
Constitutional law (state and country)
Statutory law (rules passed by legislature at every level of government)
Administrative law ( rules and regulations)
Case law - common law doctrine
Secondary source of law
Explains and helps understand primary sources
Constitutional law
State constitutions can protect things that the US doesnt or cant
If US and state constitutions are in a conflict the US wins
If something is a matter of state law it is completely up to the state
Statutory law
Laws passed by congress, state legislatures, and local governments
There are times when state, federal, and local laws all have conflict with each other
Administrative law
rules, orders, and decisions of administrative agencies
An administrative agency is a federal, state, or local government agency established to perform a specific function
Case Law
rules of law announced in court decisions
Case law interprets statutes, regulations, constitutional provisions, and other case law
the doctrines and principles announced in cases
governs all areas not covered by statutory law or administrative law and is part of our common law tradition
Common law
body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature
Kings law/ courts: legal remindy = someone seeking money
Chancery: equity remindy instead of just money
Injunction: an order to stop something and enforcing it
Specific performance: order by court to perform something
Rescission: resend a contractual agreement
Stare decisis
To stand on decision
A court should not overturn their own descions unless there is a compelling reason
4th circuit
In richmond virginia
Has to follow decisions of SCOTUS
United States Court of Appeals for the Fourth Circuit is a regional federal appellate court
It hears appeals from lower federal district courts and reviews legal errors rather than holding new trials
Legal reasoning
The process of evaluating how various laws apply to a given situation
The process by which a judge harmonizes his or her opinion with the judicial decisions in previous cases
IRAC
Issue Rule Application Conclusion
Binding authority
court precedents that lower courts must follow
Substantive law
Law that defines, describes, regulates, and creates legal rights and obligations
Procedural law
Law that establishes the methods of enforcing the rights established by substantive law
Civil law
Persons against persons
Persons against governments
Plaintiff vs defendant
Monetary punishments
Criminal law
Wrongs against the public as a whole
State prosecuting a defendant
Usually ends up in jail or worse
Citations
5 US code subsection 551
Statutory law
Administrative procedures act
CFR (code of federal regulations)
Plaintiff (starts the lawsuit) is listed first in case name
Defendant (being sued) is second
Ex: Doe v. Knox county
Unanomous decision
Everyone agrees of the outcome
Majority decision
The majority agree of an outcome
Concurring opinion
Agree with the result but not how they got there
one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion
Dissenting opinion
court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision
Plurality opinion
court opinion that is joined by the largest number of the judges or justices hearing the case, but fewer than half of the total number
Per curiam opinion
By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice
Legal remedy
provide money to pay for a loss
Equitable remedy
order a person to do or stop doing an action
Privileges and immunity clause
State government cannot unreasonably discriminate against out of state citizens
Full faith and credit clause
constitutional rule requiring every U.S. state to respect and honor the public acts, records, and court decisions of all other states
Heart of Atlanta Motel vs US
the U.S. Supreme Court ruled that Congress can use the Commerce Clause to ban racial discrimination in public accommodations
The Facts
The Motel: The Heart of Atlanta Motel refused to rent rooms to Black guests.
The Location: It sat near major interstate highways and drew about 75% of its guests from out of state.
The Law: Congress passed the Civil Rights Act of 1964. Title II of the Act outlawed racial discrimination in public places that served transient guests.
The Legal Issue
The motel owner sued the government. He argued that Congress went beyond its power under the Interstate Commerce Clause. He also claimed the law violated his Fifth Amendment right to run his private business as he saw fit and created involuntary servitude under the Thirteenth Amendment
Preemption
The principle that a higher level of government overrides a lower one
Dormant commerce clause
is an unwritten legal doctrine inferred from the U.S. Constitution that stops states from passing laws that discriminate against or heavily burden trade between states
Content neutral
law regulates the time, place, or manner of speech without regard to the message, topic, or views expressed
Strict scrutiny
highest and most stringent standard of judicial review used by U.S. courts to evaluate the constitutionality of government actions and laws
Fundamental rights
Intermediate scrutiny
a standard of review where the law must further an important government interest by means that are substantially related to that interest
Rational basis
the most lenient standard of review used by courts to determine if a law is constitutional
1st amendment
Freedom of speech and religion
4th amendment
protects people from unreasonable searches and seizures by the government and requires warrants to be supported by probable cause
5th amendment
guarantees the right to a grand jury, forbids "double jeopardy," protects against self-incrimination, and requires that "due process of law" be part of any proceeding that denies a person life, liberty, or property
“Pleading the fifth” only works in criminal cases and not civil
Due process
constitutional guarantee that the government must act fairly and follow established rules before it can take away a person's life, liberty, or property
Need notice
Oppurtunity to be heard
Jurisdiction
official power or authority of a court or government body to make legal decisions, hear cases, and manage a specific geographic area
Rem jurisdiction
court’s legal power to make decisions over a specific piece of property or object rather than over a person
Sufficient minimum contacts
a legal standard that allows a court in one state to exercise personal jurisdiction over an out-of-state defendant without violating the Due Process Clause of the Fourteenth Amendment
Writ of certiorari
formal order issued by a higher court directing a lower court to send up the record of a case for review
Rule of 4 (needs less than half to get this matter)
Venue
Proper location where the case will happen and where the jury will be selected
Standing
a person's legal right to bring a lawsuit or ask a court to decide a dispute
Injury in fact: You must show that you suffered an actual, concrete, and real harm. This harm can be physical, emotional, or financial. It cannot be just a general complaint
Causation (Traceability): You must show that your injury was directly caused by the defendant's illegal action or behavior
Redressability: You must show that the court has the power to fix or remedy your harm, usually through money damages or a specific legal order
Long arm statutes
state law that allows a local court to reach out and pull an out-of-state or foreign defendant into its local court system
Alternative dispute resolution
processes and techniques that help parties resolve conflicts outside of traditional court trials, typically with the assistance of a neutral third party
Negotiation: least formal, talking through dispute before more people come in
Mediation: neutral third party, guides settlement agreement, cannot impose the decision on the parties
Arbitartion: holds formal hearings, reviews evidence, and issues a decision that is usually legally binding