BMGT380 - Business Law Class Notes

BMGT380 - Business Law Class Notes - BMGT310 Business Law...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
BMGT310 – Business Law William McClenahan – 3432 VMH Office Hours: MW: 8-915AM, 12:30-2 Phone: (301) 405-41111 wmcclena@rhsmith.umd.edu
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Lecture 1 – Monday, August 30, 2010 – Chapter 1 Most law is state law (breach of contract, car crash, etc) 2 different types of legal systems of the world o Countries related to England vs. those who are not British Common Law system European law – based on Napoleonic Code Injunction – Court order commanding someone to stop an action Criminal vs. Civil o Study mostly civil cases in this class Defendant: Person who is being sued o Can be more than one defendant o If decision rules against the defendant, he may appeal the decision A v B, now becomes B v A Appellant vs. Appellee o 97% of civil cases don’t get ot trial – settle in pre-trial motions Go to a trial to resolve a factual dispute Plaintiff: Person who is suing the defendant Appeal motions, evidence, not findings of fact o The higher court can either affirm the lower court’s decision o Or can overrule them Lecture 2 – Wednesday, September 1, 2010 – Chapter 2 How courts do case law? o Precedents ( stare decisis) Soldano v. O’Daniels (Circle Inn) + Happy Jack’s Salon o Son is representing his father’s estate by filing a lawsuit for wrongful death Civil version of murder/manslaughter o Circle Inn, and owner O’Daniels, is responsible for his father’s death by denying phone use
Background image of page 2
Circle Inn is liable for the torts committed by their employees (agency law) o Defendant dismissed through summary judgment, ending the Soldano case Appellate Court reverses the lower court’s decision Not a case of asking someone to do something, someone wants to do something, but the SOB behind the bar prevented it. Out from under the precedent – Goes to create a duty Summary Judgment is a device for disposing of relatively clear cases without trial o The party moving for a summary judgment must show… There is no genuine issue of material (legally significant) fact She Is entitled to judgment as a matter of law o Either parties may move for a summary judgment Felder v. Butler (Bar Owner) o What is in insurance? We pay the insurance company a premium for them to take on the risk of any damage that we may cause to other vehicles Maryland state liability minimum is $50,000 Coherent Comprehensive o Lower court dismisses Felder’s case Motion to Dismiss: The procedural deice for ending the case at this early stage. o Demurrer : Motion to dismiss for failure to state a claim upon which relief can be granted Fair Housing Council of San Fernando Valley v. Roommate.com, LLC o Roommate.com gets sued due to discriminatory practices of a housing broker by disclosing information such as sex, sexual orientation, race, etc. Roommates was trying to claim immune from liability because they weren’t
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 09/07/2011 for the course BMGT 380 taught by Professor Mark during the Fall '08 term at Maryland.

Page1 / 18

BMGT380 - Business Law Class Notes - BMGT310 Business Law...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online