Blaw 3201 Exam 1 Notes

7/31/2019 Blaw 3201 Exam 1 Notes

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Business Law

Exam 1

Law

Civil monetary damages, compensatory Criminal jail time, incarceration, prosecution for guilty Take-nothing summary judgment

o Plaintiff gets nothing 95% of all civil cases are settled outside of court. What factors go into deciding what Sabrinas life is worth?

o Earning capacityo Family relationships (how close was she to her family?)o How much she suffered

In civil law, when trying to put a value on something, like human life, it is very hard to

give a specific amount. Criminal prosecution-> the state is plaintiff Civil/criminal -. If two different verdicts -. Burden of Proof How can someone be accused in civil but not in criminal?

o BRD (Beyond Reasonable Doubt) thinking on lines of scales; one sidesignificantly higher than other (98/2); scale way farther than another. ( criminal )

o POE (Preponderance of Evidence) one side is slightly higher than other (51/40);scale slightly farther than the other. ( civil )

5th Amendment precludes us from having to testify against ourselveso Protects you from questions you dont want to answer, ONLY on criminal side.

Does not protect in civil cases; only on criminal side. You are never guilty in civil cases; only liable youre liable for damages. When you lose in court, then you can appeal to next court up.

o When you appeal, you must assign errors. Appellant court -. Must assign error to losing party. remands case send case back to lower court with no decision

o Higher court disagreed that no trial was needed.o Send case back to low er court without trial. Doesnt agree w/ lower court but

doesnt happen in higher court.

Where does the law come from?

= statues precepts Intoxicated (legislature comes up with this)

o .02/minoro .08/adult

Its criminally illegal to drink & drive, and you can also be held liable civillyo Theres a statute that says so. (if you drive intoxicated)

Punitive damages damages beyond what you caused.


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Legislative comes up with these laws about intoxication, etc. they make laws Judicial Branch interprets laws.

o Federal & State Court System also interprets constitution. (US & LA)o U.S. Constitution is Premier Law of Land

Louisiana Constitution is just as importanto Forced heirship (only in LA) prior to 1990s, part of parents estate had to go to

child regardless of age Goes away when child reaches 24 unless there is some mental/physical

problem with them. (current law right now)o Legislature said at some point when children reach certain ages (24), parents can

leave land to whoever they want.o What if the child is 25, but has Down Syndrome (mentally/physically

handicapped)? In LA, a person like this has to get some of the estate. This is b/c if

parents dont take care of them; its up to the state to. o Constitution was amended and the forced heirship was tweaked to say that

once your child is 24 years old, you dont have to leave them anything. o How did legislature make this story?

Amended constitution, voters voted, and passed amendment. Another source of law: Executive Orders

o Come out of gove rnors & presidents office o UCC (Uniform Commercial Code) -> a body of rules that applies to commerce in

this country: sales, interest, goods Goods - movable property; anything that can be moved. Provides stability to laws to make business transactions between states

easier.

Louisiana hasnt adopted code completely. Didnt adopt any sales laws.

Administrated Lawso Laws congress created to take care of taxes, environmento Fasted growing laws in country

Substantive Lawso Creates, defines, & regulates legal rights & duties.o Creates rights & obligations (duties) or private party

Procedural Lawo Creates rules for enforcing those rights that exists by reason of substantive law.

Renting an Apartmento Substantive law

Rights come with obligations Obligation pay rent Right landlord to receive rent.

Air condition dies landlord must but new one free from defects landlord has obligation & you have right to keep property safe and

without defects for everyones safety.


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o Remove case from State to Federal Stanford Group wanted their case to be moved to Federal Ct. because

State Ct. might be partial or bias to the area.o Ms. White wanted to bring case back to State ct. after it was brought to Federal

Ct.o She never alleged amount of money that was at state.o Sought punitive damages of $75,000+; very easy to meet this amount.

Federal question & Diversity of Citizenship are both concurrent jurisdiction Exclusive & Concurrent jurisdictions fall under subject matter jurisdiction. Subject Matter Jurisdiction = nothing goes to trual until these matters are addressed. Once established SMF then most establish personal jurisdiction. Service of Process serve someone with copy of lawsuit

o Without service of process, you cannot have judgment against you. Judgment of default if you dont answer the service of process then the other party

wins by defaulto You now owe other side some kind of moneyo Everyone has sight of notice; the opportunity to be heard.

Long Arm Service if you are trying to sue someone in another state or far awayo Can mail a certified copy of case to party in another state by certified mail and

return receipt. Once you get back return receipt, the papers are served. Case 3-2 World-Wide Volkswagen Corp. V. Woodson

o 5 defendants because you must name everyone involved with producto Issue of Personal Jurisdictiono Plaintiff in NY, come to OK to say you cant decide this case here o FINISH CASE 3-2

Evidence drives the Train, in court. As a matter of constitutional due process, you cannot force anyone to go to a state

where there are minimum contacts. o This is getting old because now with technology, and e-commerce there is

almost no way that a company has no contact with any state in U.S. Exemplary damages = punitive damages.

If lawsuit is no longer valid, file this before you file an answer Discovery each side try to find out what info opposing side has

o (in book under civil procedure) Interrogatories sworn answers by opposing parties

Production Examination Requires for admission Summary judgments are granted often Jury selection ask you questions to see how your answers relate to argument brought

to trial Dont get into opening & clo sing arguments too much (&cross examination)


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Batter with assault (more emotional b/c you see me before) Can words alone constitute assault? Can words alone constitute assault? Yes

o Always look at context of apprehension I hit your car but not you; still battery b/c car is extension of you

o If you see me coming, its an assault. False Imprisonment:

o Case 7-2: Vaughn vs. Walmart Stores, Inc. False imprisonment, detained against her will Wasnt shop lifting, but manager tells her to go wait for friends at font of

store. Tell her this to eliminate it from happening again Or leave bag at front of store & goo walk around

Trial court said was false imprisonment & gave $500 Circuit court of appeal reverses & Walmart wins. b/c LA law is different &

you have to be held for 60 minutes

Intentional Infliction of Emotional Distresso Credit officer in FL trying to find Mr. Sheehand b/c late on car paymentso Called his mother and said kids were ill and needed to contact Mr. Sheemano Sheeman and mother filed lawsuit against creditor.

Harm to the right of dignityo Defamation

False communication Case 7-3 Frank B. Hall & Co. vs. Buck

o Left one job for another that looks better.o Doesnt like job so goes look for another job and cant find jo o Investigator call his his refrences to find out why Buck won t get hired o Companies said bad stuff about himo Has to be a statement given as fact to person other than plaintiff o If companies say stuff to his face, not defamation, but when said to others, it iso $1.3 million punitive > 2 +:1

Both defamation:o If you write down libelo If you sat it slander

Invasion of Privacyo Appropriation have rights to our name and right to make money off of it

Case 7-4 White v. Samsung Electronics America, Inc.o Know intrusion & false light

Trespasso Can tell man to get off propertyo Post property with law to let everyone else know its trespassingo Wont get paid in court, just put stop to trespassing o Law has always respected your right to have land

Conversion


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o Civil deatho Take car, keep it, sell it conversion because took ownership of car.

Nuisanceo Nontresspasory invasion of anothers interest in the private use and enjoyment

of land

Example of case teacher had with photographer and military guy withlight

Physically remo ve person from your property if you think theyll inflict physical harm onyour

Harmed Economic Interest (test question)*********o Its possible to interfere in a contract that someone is in thatll cost you money o If you induce someone to breach contract, y ou can be liable for other companys

loss

Chapter 8: Negligence & Strict Liability

Negligence & Strict Liability Negligence - unintentional courts Must be present to have negligence:

o Duty owed (to plaintiff)o Duty breacho Proximate causeo Injury/damage

If you cant show breach causes damage, youre out Hitting guy on shoulder of road while texting on phone.

Documents

Blaw 3201 Exam 1 Notes