Buisness Law chapter 2 3 47.docx - Chapter1 Legal...

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Chapter1: Legal environment of business and online commerce English common law – law of principle and guidelines - In English common law, everyone has the right to ONE trial (if you don’t like the answer of the court you can appeal the decision in the appellate court) - You have the right to one trial and one appeal The napoleon codes - The napoleon code (Louisiana) – are a set of rules that has a rulebook (in this code the judge is looking for behavior) Difference between English law and Napoleon Code - English common law is a law of principle, the napoleon code is a set of rules (it’s a rulebook) - The judge or jury make assessment with something called the reasonable person test Chapter 2: Court and Jurisdiction Introduction to court and Jurisdiction - There are two mayor court systems in the United States The state court system (from less important to most important court) 1. Limited-Jurisdiction trial courts – a court that hears matters of a specialized or limited nature sometimes referred to as inferior trial courts o Because limited jurisdiction are trial courts, evidence can be introduced and a testimony can be given o Decision on a limited jurisdiction trial court can be appealed to a general jurisdiction court or an appellate court 2. General-Jurisdiction trial courts – a court that hears cases of a general nature that is not within the jurisdiction of the limited jurisdiction trial court o These courts are often referred to as courts of record because the testimony and evidence at trial are recorded and stored for future reference o The decision handed down by these courts are appealable to an intermediate appellate court or the state supreme court 3. Intermediate appellate court – are courts that hears appeals from the trial courts o They record the trial courts record to determine whether there have been any error at trial that would require reversal or modification of the court’s decision o In the intermediate appellate courts, no new evidence or testimony is permitted 4. Highest state court – the highest court in the state court system; it hears appeals from intermediate appellate courts and certain trial courts
o In the highest state court, no new evidence or testimony can be heard by the jury o Decisions of the highest state court are final unless a question of law is involved that is applicable to the US supreme court o The judges at this court are selected and appointed by the governor of the state The federal court system Article III of the constitution provides that the federal government judicial power is invested in one U.S supreme court Article III of the constitution also authorizes congress to establish “inferior” federal courts such as the U.S district court, U.S court of appeals and the U.S Bankruptcy court 1. Special federal court – federal courts that hear matters of specialized or limited jurisdiction o U.S Tax Court – hears cases that involves federal tax laws o U.S court of Federal Claims

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