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ch 2 mind map

Page 1: Legal Process Overview

How to Sue

  • Steps to file a lawsuit:

    • 1. File a Complaint: Initiate the legal process by filing a formal complaint with the court.

    • 2. Serve the Complaint: Notify the defendant about the lawsuit within 60 days.

    • 3. File Proof of Serving: Document that the defendant has been formally notified.

    • 4. File Answer: Defendant must respond to the complaint within 30 days, either admitting or denying allegations and possibly raising defenses.

    • 5. Status Conference: Meeting to discuss the proceedings of the case.

    • 6. Trial: If issues aren’t resolved, the case moves to trial.

  • Key Terms:

    • Plaintiff: The party who initiates the lawsuit.

    • Defendant: The party who responds to the lawsuit.

    • Service of Process: The procedure of notifying a party about legal action involving them.

    • Default Judgment: A judgment rendered because of the failure to respond.

Legal Preparation Before Trial

  • Discovery: Process for obtaining information before trial.

    • Depositions: Sworn, recorded testimonies.

    • Interrogatories: Written questions requiring written answers under oath.

    • Requesting Documents: Includes medical records, property inspections, etc.

Pretrial Conference

  • Purpose:

    • Settle case without trial.

    • Identify disputed issues.

    • Plan the trial process.

Alternate Dispute Resolution (ADR)

  1. Negotiation: Informal attempt to resolve disputes.

  2. Mediation: Involves a neutral third-party to help settle disputes, non-binding.

  3. Arbitration: Uses an arbitrator, can be binding or non-binding; resembles a trial with less stringent procedures.

Jury Selection

  • Voir Dire: Examination to identify potential juror bias or conflicts of interest.

At Trial

  1. Opening Statement: Initial remarks by each party.

  2. Examination of Witnesses:

    • Plaintiff presents first.

    • Defendant can cross-examine witnesses.

  3. Motivations for Directed Verdicts: Rarely requested by either party.

  4. Closing Arguments: Final summarizations before the jury makes a decision.

  5. Verdict and Award: Jury decides the winner and any monetary compensation awarded.

Pretrial Motions

  • Common Motions:

    • Motion to Dismiss

    • Motion for Judgment on the Pleadings

    • Motion for Summary Judgment

Venue & Jurisdiction

  • Venue: Legal location where the trial is held.

    • Civil cases usually where the defendant resides.

    • Criminal cases where the crime occurred.

  • Jurisdiction: The authority of courts to hear a case. Federal jurisdiction includes federal crimes, bankruptcy, etc.

  • Standing to Sue: Plaintiff must demonstrate sufficient stake in the matter to seek relief.

  • Long Arm Statute: States can have jurisdiction over nonresident defendants.

Court Systems

  • State Courts: Superior, Appellate, Supreme.

  • Federal Courts: District, Appellate, Supreme.

Page 2: The U.S. Constitution and Government Structure

Trade and the Constitution

  • Reasons for colonial rebellion against England include disputes over central government power and state rights, particularly regarding tariffs.

State vs. Federal Powers

  • Federal Powers: Defined by the U.S. Constitution.

  • State Powers: Regulate affairs within their states (known as police powers).

  • Supremacy Clause: Federal laws prevail over state laws.

Separation of Powers

  • Three Branches of Government:

    • Legislative: Creates laws (Congress).

    • Judicial: Interprets laws (federal courts).

    • Executive: Manages foreign affairs (President).

  • Checks and Balances: Each branch has measures to restrict the powers of the others.

Commerce Clause

  • Grants the federal government the power to regulate interstate commerce.

Bill of Rights

  • First ten amendments provide constitutional protections of human rights.

  • 14th Amendment: Protects life, liberty, and property through due process.

Freedom of Speech

  • Regulations: Limitations apply for commercial speech and threatening speech.

  • Religious Freedom:

    • Establishment Clause prohibits government endorsement of a religion.

    • Practice can be restricted for public safety concerns.

Due Process and Equality

  • 5th Amendment: Right to proper notice and the opportunity to be heard.

  • 14th Amendment: Equal Protection Clause prevents unequal treatment without valid reasons.

Recusal

  • Supreme Court judges may recuse themselves to avoid conflicts of interest.

Page 3: Ethics in Business

Minimum Ethics in Business

  • Follow the Law: Adherence to laws is mandatory.

  • Short-Term Profit Maximization:

    • Corporate scandals often stem from focusing solely on maximizing profits at the expense of ethics and sustainability.

Triple Bottom Line

  • Three Areas of Impact:

    • Profit: Financial performance.

    • People: Social impact on communities.

    • Planet: Environmental impact.

Code of Ethics

  • Principle of Rights: Ethical decisions should consider the impact on all stakeholders.

  • Best Practices: Establish a written code of ethics and lead by example.

Areas of Law

  • Different fields addressed include:

    • Product liability

    • Environmental law

    • E-commerce sales

    • Contracts

Basis for All Law

  • Sources of Law:

    • U.S. Constitution

    • Statutory Law (legislative enactments)

    • Common Law (court-made law)

  • Equitable Remedies: Include types like injunctions and decrees of specific performance.

Civil vs. Criminal Law

  • Differences between civil lawsuits and criminal charges, with criminal offenders facing incarceration.