Legal Environment of Business Exam 1
Terms
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- What is law?
- Law consists of enforceable rules governing relationships among individuals and their society. It also protects and preserves order in society.
- What are the primary sources of law?
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1. The U.S. constitution and constitutions of various states.
2. Statutory Laws
3. Regulations created by administrative agencies.
4. Case law and common law doctrines. - U.S. Constitution
- This is the supreme law of the land. The U.S. Supreme Court interprets the the constitution.
- Statutes
- Where congress has enacted specific laws.
- Common Law
- Circumstances where there are no constitution or statute issues. Courts have to decide on what is reasonable and right. The judges will make the law.
- Settled Law
- Implies precedence, clearly there and binding.
- Precedent
- A decision that furnished an example or authority for deciding subsequent cases involving similar legal principles or facts. Prior decisions are supposed to stand.
- Civil Law
- Concerned with the duties that exist between persons or between citizens and their governments. Right to attorney but not right to a court appointed attorney.
- Criminal Law
- Concerned with wrongs committed againts the public as a whole. Can have a court appointed attorney if you cannot afford one (court decides). Penalty is fine or jail.
- Judicial Review
- The power of judicial review enables judicial branch to act as a check on the other tow branches of government.
- Venue
- Concerned with the most appropriate location for a trial. Can change.
- Standing to Sue
- Necessary to bring a lawsuit to court. A sufficient stake in a matter to justify seeking relief through the court system. You must be the injured party to sue.
- Alternative Disbute Resolution
- Refers to the various methods by which disputes are settled outside the court system. Using a mediator is a popular method.
- A method of ADR-Arbitration
- A method in which an arbitrator hears a dispute and renders a decision.
- Statute of Limitations
- Specific time period you need to claim. Personal Injury cases is three years.
- The Complaint
- Contains a statement alleging the facts necessary for the court to take jurisdiction and a short statement of the facts necessary to show the plaintiff is entitled to remedy, and a statement of the remedy the plaintiff is seeking.
- Summons
- Notifies the defendant that he is required to prepare an answer to the complain and file a copy of his answer with both the court and the plaintiffs attorney w/in a specified time period. If fail to answer, default judgement.
- Motion for Summary Judgement
- The party filing the motion is asking the court to grant judgement in that party's favor without a trial. The facts are very clear cut and there is nothing to go to court for. Very seldom happens.
- Discovery
- The process of obtaining info. from the opposing party or from witnesses prior to trial.
- Deposition
- Sworn testimony by a party to the lawsuit of by any witness, recorded by authorized court official.
- Pretrial Conference
- To clarify the issues that remain in dispute after discovery and to explore the possibiblity of settling the conflict w/o trial.
- Commerce Clause
- Congress shall regulate commerce among the several states.
- Bill of Rights
- Embodies a series of protections for the individuals against various types of interference by the federal government.
- Torts
- Alleged wrongful conduct by one person that causes injury to another. Our system of torts is based on fault. A breech or wrong against someone else.
- Intentional Tort
- Doing something with the intent to cause harm. Putting someone in fear is enough, you don't have to physically touch someone. Can be costly because of Compensatory and Punitive Damages.
- Invasion of Privacy
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Intentional Tort-Four acts qualify as invasion of privacey.
1. The use of a person's name or picture for commercial purposes.
2. Intrusion on an individuals affairs or seclusion. Deals with hidden pictures, and invading someones home or briefcase.
3. Publication of info. that places a person in false light. NOT RECOGNIZED IN WI.
4. Public disclosure of private facts about an individual that an ordinary person would not find objectionable. - Negligent Torts
- No wishes to bring about the consequences of the act nor believes that they will occur. Someone acts unreasonably w/o due care. The jury is that party that will decide if the act is negligent.
- Four Elements a Plaintiff Must Prove for Negligence
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1. That the defendant owed a duty of care to the plaintiff.
2. The defendant breached that duty.
3. The plaintiff suffered legally recognizable injury.
4. The defendants breach was a cause in the plaintiffs injury.
MUST PROVE ALL FOUR! In some cases there may not be a duty. - Contributory Negligence
- If a plaintiffs own negligence contirbuted to his injury the defendent could raise this defense. If the plaintiff is 49% or less at fault, they can recover.
- Superceeding Clause
- An unforseeable intervening event may break the causal connection between a wrongful act and injury to another.
- Res Ipsa Loquitor
- "The facts speak for themselves." You really can't prove facts, but it's something that should not have happened.
- Strict Liability
- Liability is imposed for reasons other than fault.
- Product Liability
- The liability incurred by manufacturers and sellers of products when product defects cause injury or property damages to consumers.
- Requirements for Strict Product Liability
- 1. Seller sells a product which is dangerous and deffective. Product reaches the consumer or user w/o substantial change in the condition in which it is sold. Seller exercised all possible carein the prep and sale of the product. User has not bought the product from or entered into any contractual relationship with the seller.
- Statute of Repose
- Puts a limit on the number of years on some claims so that the defendant will not be left vulnerable to law suits indefinately. WI doesn't have this.