Business Law 8/26 Lecture Introduction I. 5 TYPES OF LAW A. Constitution 1. Idea to divide government powers-no one person can make bad decisions (king) 2. Split into executive(President), legislative(Congress), judicial(Supreme Court) B. Statutes 1. Main tool congress uses to create laws 2. Any idea that does not violate the constitution 3. To become a law: a) Majority vote in HR>Majority vote in Senate>President signature C. Administration Regulation 1. Passed by government agency (EPA, IRS, etc) D. Common Law 1. Setting precedents from court decisions E. Court Orders 1. Court can order individuals for justice serving purposes II. CHECKS & BALANCES A. Throwing roadblocks to slow down the process of other parts of gov't 1. President = Congress a) Veto Statutes b) Congress can override veto with ⅔ vote in HR AND Senate 2. President=Judicial a) President nominates next justice b) Justice has job for life and can essentially ignore president 3. Congress=Judicial a) Congress can change the constitution with amendments b) Senate confirmation power 4. Judicial=Congress a) Judicial Review allows the court to review any law and determine if acceptable under constitution or not III. SALDONA VS O’DANIELS CASE A. PG 17-20 B. The lawsuit is usually never put on the party mostly responsible but more onto the one that is “likely the one that can/will pay” 8/31 Lecture 2 I. STRUCTURE OF THE COURTS A. Federal Courts operated by federal govnt B. Each state has a local court system (Most cases due to volume) C. Federal court deals with anything regarding federal law/national law/legal ideas (amendments, civil rights act) Lawsuits between people/business of different states or worth more than $75,000….”neutral territory” no home advantage II. HOW COURTS FIT TOGETHER A. In trial courts the “loser” can appeal a case once to a mid level court, Court of Appeals B. How to appeal: 1. Convince a panel of judges the judge made an error or mistake in a how a trial is conducted 2. Jury wasn’t fairly assembled etc.. 3. Convince that a law was misapplied or misinterpreted C. When the Court of Appeals gets done with a case it can be:
1. Affirmed -A panel of judges in a higher court found no problems in trial court order 2. Reversed - Higher courts found a mistake 3. Remanded - Sent back to trial court to do over full case or part of case D. If you lose a case you can appeal to the supreme court which is having 1 less than the majority (4/9) to get the case reviewed 1. 95% of cases get rejected III. SALDONA VS O DANNIELS A. Judge at trial court at first dismissed case B. The family appealed to intermediate court C. Case remanded back to trial courts but settled before reaching trial IV. CIVIL AND CRIMINAL LAWSUITS A. Civil - private and looking for compensation for wrong doing B. Criminal - public involving broader chunk of society C. Remedies - ways to settle/compensate case D. Civil Remedies 1. Cash damages 2. Injunction- court order to stop someone from doing something bad (stalking) 3. Specific Performance- court order to do something (will dispute) E. Criminal Remedies 1.
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- Spring '08
- A., B., Leb Leb323 Business Law