Business Law Chapter 1

Business Law Chapter 1 - Business Law Chapter 1 Chief...

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Business Law Chapter 1 Chief Purpose of Law- Settle disputes, prevents chaos, justice Justice- Fair and impartial consideration of opposing interest. Staredices- to stand on things that have been decided. Precedence- Decisions made on. Staredices is extremely important with constitutional law. This is because decisions are based off rulings that have been previously made on similar cases with similar facts. Remedy in Law Remedy in Equity- allows a fairer more just outcome in cases when it makes more sense then just giving money. Specific Performance Injunction- Stops someone from doing something Rescission Civil Law- you cannot lose your freedom or go to jail in a civil case. People bring the cases against people. You bring claims. You are seeking liability. Criminal Law- you can go to jail. The state brings the case against you. Criminal offenses are offenses against society. You bring charges. You seeking charges of verdict of guilty or not guilty. Irac- Issues Rules Application Conclusion .The method of analysis to do cases. Substantive Law- Laws that create, define the rights that you have. Regulate the rights that you have. Example- The right to vote. Your legal rights and obligations Procedural Law- The laws that establish the methods for enforcing the substantive law. Chapter 2 Alternative dispute resolution Three branches of government- perform checks and balances. Judiciary- decides if laws and practices of other branches constitutional. How do you get in court?
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1. Jurisdiction- authority to here and decide on a case. Must have Subject mater and one of the other two. Must have jurisdiction of the person. In persona Must have jurisdiction over the property or thing. Subject Mater 2. Venue- geographical place. For example you will sue the person in the defendants states. Because they have jurisdiction of person over the person you’re suing. 3. Standing- you must have been harmed or threatened with harm. You had something to lose. Two Court Systems. Federal and State 1. Federal System- you can only can get to the federal level if it is subject matter concerning federal law or constitutional rights. Federal Laws- Laws passed by congress You can start with district level. Trials. Where you here facts. If you lose on district level you may appeal on a circuit level. If you lose you may appeal to the Supreme Court. 2. States- Trail court level, appellate level, Supreme Court in the state for state matters. Only way to get it on federal level is to show that there is a federal interest involved. Example: if you say you were not allowed to vote. You would be able to go to the federal level because that right is guaranteed in the constitution. Diversity of Cinteship- people from different states arguing a matter that has a value of
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This note was uploaded on 12/20/2011 for the course BLAW 305 taught by Professor Harvey during the Fall '10 term at Howard.

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Business Law Chapter 1 - Business Law Chapter 1 Chief...

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