_BUSINESSLAWFINALSTUDYGUIDE - Things to focus on 1 Statutes(congress vs Common Law(courts 2 Damages definition 3 Reverses remanded 4 Default judgment 5

_BUSINESSLAWFINALSTUDYGUIDE - Things to focus on 1...

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Things to focus on: 1. Statutes (congress) vs. Common Law (courts) 2. Damages definition 3. Reverses, remanded 4. Default judgment 5. Federal Courts 6. Discovery Process 7. Trial: Challenge for Cause vs. Peremptory Challenge 8. Successful appeals- errors of law, not fact 9. Mediation vs. Arbitration 10. Equal protection: strict scrutiny, immediate scrutiny 11. Duty to warn social guests 12. Comparative, pure comp negligence 13. Criminal: Government; civil: private 14. Article II UCC: Sale of Goods 15. Mixed goods/services and the UCC 16. CISG 17. Statute of Frauds and 4 areas of coverage 18. Cases: Sodano v. O’Daniels; Sorrell v. IMS Health; Otis Engineering v. Clark; Knight v. Just Born; Kelo v. City of New London; Fraserside v. YoungTek; Milliken v. Jacono 19. Trademarks vs. Copyrights 20. Trade Secrets vs. Patents 21. Void vs. Voidable contracts 22. Offer requirements 23. Rejected offers, revoked offers, accepted offers 24. Mailbox rule 25. Exculpatory clauses 26. Ratifying contracts 27. Unilateral vs. Bilateral contracts 28. Minors disaffirming contracts - damages (normal scenario vs. fake ID scenario) 29. Expressed, implied, and apparent authority of agents 30. FMLA requirements (50+ employees, 1 yr full time employment) 31. FMLA coverage (serious illness, pregnancy) 32. Utilitarian vs. Deontological Approach 33. Agents of Capital (like shareholder model) 34. Cases: Texas A&M v. Bishop; Beachcomber Coins v. Boskett; Leonard v. PepsiCo
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35. Unit 1: A. Classification of Law Federal and state law Some laws come from the government of the United States. These are federal laws. A recent and well-known example is the Affordable Care Act, or "Obamacare," as some call it. The United States Congress voted in favor of creating that law, and President Obama signed it into law. Many laws, though, are created by individual states and are binding only in a single state. New York levies a state income tax on its residents, while Texas does not. Vermont allows for gay marriage, while Utah does not. States are free to create their own rules in many legal areas. Common law and statutory law The common law refers to legal ideas that originate in court opinions. When high-level courts (and especially the Supreme Court) decide cases, they create precedents that change the rules of the game and impact real people, sometimes by the millions. Statutory law refers to legal rules created by bodies of elected representatives. Every other November, voters go to the polls and cast ballots for candidates whom they hope will be elected to go to Washington, D.C., and represent them in the Congress. And on different timetables in different states, voters similarly try to send their preferred candidates to their state legislature. When the Congress or a state legislature creates a new law, it is called a statute. Civil and criminal law Imagine that Barry Battery punches you in the face for no good reason. Two different kinds of lawsuits might follow. The first is that you might bring a civil action against Barry and seek damages (money) to compensate you for your medical bills, pain and suffering, and the like. Civil laws cover rights and duties among private people and
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  • Spring '08
  • BREDESON
  • Law, Common Law, Supreme Court of the United States

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