LGST 219 - Class 2 Notes

LGST 219 - Class 2 Notes - Lecture 2, Sept 12 Civil vs...

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Lecture 2, Sept 12 Civil vs Criminal law Civil law - Doing something that wrongs the individual, institution or company - Private actions that can be brought - E.g. order from Amazon. Paid for it but Amazon did not deliver. Amazon “wronged” me Criminal law - Offenses against society (e.g. embezzling, defrauding people) Civil vs Common law Civil law - Civil law system (by far the largest system) - You write law codes for commercial law, criminal law etc - Systematic general legal principles - Use codes to decide cases that come up Common law - Smaller and older system (antiquated) - Used in the US - Judge-made law is central - There are statues and codes but center piece is precedents - Mostly in countries that were once colonized by the British - Interesting note: Louisiana under civil law, not common law (it was under France) Some terms Opinion of the court – this is where the precedential value lies (majority opinion of court) Concurrence – written when the judge agrees with majority opinion of the court, but offers a different reasoning Dissent – disagrees with the court’s decision (usually comes last. Do not mix this up with the court’s opinion!) Appellant – person who lost and files an appeal Appellee – person who is dragged into higher court by appellant Holding – how the court resolves the issue (concern about this because holding is the precedent) Yang Rong Case Lack of a neutral international court (product of legal diversity) He is: -No. 1 mini bus maker in China -He has the company listed on the NY stock exchange Problem:
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-Provincial government takes a 700m investment away from Yang Rong Natural vs Juristic Natural persons - normal people Juristic persons - a ‘person’ created by law - like a corporation different way of determining nationalities of juristic persons and natural persons for US, we look at both place of incorporation and place of operation e.g. many companies found in Delaware even though they have no links to Delaware because it has favorable incorporation policies Mediation : neutral party goes between the 2 parties and tries to settle the dispute (this is outside the court system. This also means that it is not legally binding. Only effective if both parties are determined and have the motivation to resolve this in a friendly way) Not good for this case because of antagonistic relationship between Yang Rong and PG forum non conveniens : burden on the forum whether because of language barrier etc. forum ‘rejects’ the case. US does not have a unitary federal court system . So, can forum shop federal courts too. Divided by circuits. Pennsylvania is in circuit 3. Includes Delaware, NJ and Virgin Islands. Circuits act rather independently of each other.
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This note was uploaded on 01/11/2012 for the course LGST 219 taught by Professor Anne.mayer during the Fall '11 term at UPenn.

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LGST 219 - Class 2 Notes - Lecture 2, Sept 12 Civil vs...

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