Final Review BUs 80 - Final Review Alternative Dispute...

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Final Review Alternative Dispute Resolution (ADR) Negotiation – Meeting of the minds Mediation – Neutral 3 rd party is involved, Mediator talks to both of the party and comes up with a common ground. Arbitration – Neutral 3 rd party is involved, Expert that knows the law comes up with the legal decision Precedent – Judicial decision that give rise to legal principles that can be applied in future cases based upon similar facts Stare Decisis – to stand on decided cases US Commerce Clause – Authorizes the national government to regulate virtually any business enterprise, including the internet–based business Supremacy Clause – Constitution is the supreme law of the land Uniform Commercial Code (UCC) UCC Article 2: Sales of Goods, not real estate Passing of the title – physical delivery or agreed by the parties Good Faith – honesty in fact Contract – promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty. Requirement of contract 1. Agreement 2. Consideration 3. Contractual capacity 4. Legality Trial court in 2 systems Federal Superior Court – Deal with the Federal issues and Federal Laws Superior Court of the State (Trial Court) – with in the state that deal with the issues that deal with the state issues In California our trial court level of civil or criminal trial is called superior court CH30 Bankruptcy Law - Constitution – the government protection for no way to pay your bills It could only be filed in the federal court.
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This note was uploaded on 09/08/2010 for the course BUS 80 at San Jose State University .

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Final Review BUs 80 - Final Review Alternative Dispute...

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