LGS200 - LGS 200 Brian Turner Bturnerlaw@aol.com West's...

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LGS 200 Brian Turner Bturnerlaw@aol.com West’s Legal Environment of Business I think you should get an A in this class. Everything is 1/3 for the grade. 3 tests. Extra Credit +3 points. (perfect attendance—Oklahoma) --August 22, 2007 Get book—Start on chapter 1 Friday August 24, 2007 Chapter 1 Basics of Legal System First talk about Law What goes into making a Law? - Whats fair - Constituents - Whats in the past happened - Existing laws - Traditions - Morals - Ethics. Sources of Law - Constitution - (Bill of Rights) - Common Law (Case Law) - Administrative Law Common Law goes back to roughly 1066 King’s Court Wrote in yearbooks…. .kept looking back and created a series of precedent Let the decision stand Stare Decisis.
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Created Precedent. – binding authority on lower courts Precendents can change Slavery, brown v Board of Education, Prohibition England had: Courts of Law Courts of Equity. Injunction---Stop (Restraining order) TRO Specific Performance -perform Rescission—void contract West publishing--They break up US into field. (Southern Field) and publish cases in southern reporter. Each case is given briefing Smith v Brown First name is generally person appelatte or petitioner Assigned a number 112 So2d 361 112= Vol # So 2d= Southern 2. Page 361 findlaw.com Know the numbers. August 27, 2007 You gotta do that thing with the legal system Brief Facts:--------------------- Issues:------------------ Decision: usually yes/no Rationale:
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Time Warner v Six Flags You cant tell who the plaintiff and or the defendant by the name Time warner= appellant six flags=appellee Six flags is a limited Partner SFOG General Partner (makes decision) Corporation in which Time Warner is majority shareholder. Fiduciary Duty—means you act inn someone elses best interest. General Partners act in the best interest of the limited partners. Time Warner wastes a lot of money, goes against Fiduciary Duty. Jury agrees Compensatory Damages $197 Million Dollars you then ask, are the damages too high? The answer is no. Look at the ratio of punitive damages. In this case 1.3 to 1. They get $257 Million 3 to 1 is acceptable (ratio) 10 to 1 ratio is excessive, but at the high end…anything more usually gets pulled down. August 29, 2007 Facts Issue Decision Rationale Exxon Were the punitive damages excessive? 5 Billion- 6% interest 4.5 Billion—went down to they are still appealing. Is this ethical contact?
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Wal Mart and Ethics. You missed Friday. Wednesday Sept 5 th Binding authority vs persuasive authorithy State(al) Supreme court of Alabama- 9 justices (elected) 8 rep – 1 dem Court of appeals (civil/criminal) Circuit court— trial case—concurrent 3k+ (judge or jury) (goes up) District courts (judge judy) (max value 10k) (small claims- 3k) judge only…. (pro se (not represented)) Federal US Supreme Court—discresionary review Of the 9 justices 4 has to say they want the case Issue writ of certiorari Circuit court District (Drawn in 3 lines) Juristiction 1. federal question 2. diversity of citizenship and 75000+ 3. us party 4. treaties
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LGS200 - LGS 200 Brian Turner Bturnerlaw@aol.com West's...

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