Aem 320 Week 1 - Aem 320 Week 1 Aug 23-31 I What is Law A Establishes relationship and obligations to others i Defines rights and obligations to

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Aem 320 Week 1: Aug 23-31 I. What is Law? A. Establishes relationship and obligations to others i. Defines rights and obligations to others 1. There are no absolutes, it is about weighing the different interests involved. ii. Regulates conflicting interests- Sometimes there are different outcomes to similar legal problems depending on the facts of a case. 1. Nuisance in the use of property- General rule is that everyone who owns property can do whatever they want on their property. However this right is limited by a neighbor’s right to quiet enjoyment of their property. (Including condominiums, houses, and apartments). iii. Is usually prohibitory-You can “do” something unless a behavior is illegal or leads to civil liability. 1. The law tells you what you cannot do, not what you can do. B. Law v. Equity 1. Thryoff Case : discusses the evolution of resolving disputes. In feudal England combat was used to decide who was right – whatever person God smiles upon should win the case. ii. Great Britain historically had criminal and civil courts, but there were also dispensers of justice in ecclesiastical (church run) courts who would mediate justice. 1. Specific Performance (equitable doctrine) or monetary damages (remedy at law) are examples of different concepts still seen. ii. Ex. If someone signs a contract to sell you their textbook for $50, you pay and then never get the book, can you sue? Yes. However, if the same situation occurs and after 10 years you try to sue, is that fair? No, the Statute of Limitation exists because evidence may be lost and the defendant may have no way of proving innocence. Example of equitable principle. C. Substantive v. Procedural law i. Business Law mainly deals with substantive law. Public substantive law involves the government and is usually statutory. Lawmakers pass laws and identify what conduct is
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This note was uploaded on 02/20/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).

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Aem 320 Week 1 - Aem 320 Week 1 Aug 23-31 I What is Law A Establishes relationship and obligations to others i Defines rights and obligations to

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