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Unformatted text preview: How to Solve Legal Problems, or How to Solve Legal Problems (or) The Legal Way of Thinking 1. The plaintiff has been wronged; he/she seeks a legal remedy-example: Your boss is harassing you sexually. Can you quit and recover damages? 2 . American law is based on rights . If the defendant has violated a right belonging to the plaintiff, he/she is entitled to a remedy. 3 . The plaintiff must identify a legal right that he/she owns. 4 . Where do rights come from? Rights come from legal rules.-E.g., Title 7 created rules regarding employment discrimination 5 . Legal rules come from the 3 branches of government:-legislature (including the Uniform Commercial Code), Civil Rights Act of 1964, etc.-judicial system - the rule of precedent (common law), including contracts, negligence -executive (orders + agency rules) Note that federal, state, and local government can provide legal rules. 6 . Once the necessary rule is found, the plaintiff must prove that he/she owns the right created by that...
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This note was uploaded on 07/29/2011 for the course ACCT 351B taught by Professor Inama during the Spring '11 term at Golden Gate.
- Spring '11