BSL notes - Ch. 1 Source of Law o US Constitution Sets up...

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

View Full Document Right Arrow Icon
Ch. 1 Source of Law o US Constitution Sets up structure and grants power to government Executive – Enforce law Legislative – Make laws Judicial – Interpret the law Limits Power of Government o Legislative Law (Statutes) Criminal vs. Civil Burden of Proof Preponderance of Evidence Uniform Acts Uniform Commercial Code (UCC) o Article 2 – Contracts for sale of Goods o Judicial Law (Common Law) “Stare Decisis” – Precedents Covers Ks for Real Estate or Services o Administrative Rules and Regulations FDA, FCC, SEC o Treaties o Ordinances Ch. 2 Ethical Fundamentalism o Look to source (Text or person) Utilitarianism (Outcome based) o “Greatest good for greatest #” Deontology (Duty based) o Kant’s Categorical Imperative Similar to Golden Rule Absolute right or wrong Ethical Relativism Duty of Care o Higher duty to those we have relationships with Social Ethics o “Fairness/justice” Ch. 3 Organizations of Court Systems o Trial Court Level Decides what happened Identifies applicable Rules of Law (Jury instructions)
Background image of page 1

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

View Full DocumentRight Arrow Icon
Applies rules of law to facts o Intermediate Appellate Court level Questions of law Jury instructions Rules of Evidence o Highest Court of Appeal Jurisdiction o State Court Subject Matter Jurisdiction Personal Jurisdiction or In Rem Jurisdiction Defendant voluntarily subjects themselves o Forum selection clause o Not challenging Jurisdiction Defendant is a resident Defendant is served with process in the state Lawsuit relates to a K defendant entered/breached in the state or a tort or business defendant conducted in the state Defendant has “sufficient minimum contacts” o Federal Court Subject Matter Jurisdiction and Personal Jurisdiction Concurrent Jurisdiction – Fall within either court o If plaintiff chooses state court defendant can move to federal (Motion to Remove) Federal Question Jurisdiction or Diversity Jurisdiction o Resident of one state sues resident of another state AND >$75,000 Alternative Dispute Resolution (ADR) o Arbitration (binding) o Mediation (non-binding) Ch. 9 Elements of K o Mutual Assent (Agreement) Offer (Offeror) Acceptance (Offeree) o Consideration – What a promisor asks in exchange for their promise o Legality o Capacity – (<18, old age, intoxication) Classifications of Ks o Bilateral K vs. Implied K Promise for a promise vs. Act for a promise
Background image of page 2
o Express K vs. Implied K o Enforceability Valid K Unenforceable K (different legal reason) Voidable K – right to cancel Void Agreement – no contractual obligations o Executory K vs. Executed Alternative Theories of Recovery o Quasi K Prevents “unjust enrichment” Elements: One party conferred a benefit on the other Who knowingly accepted it Unfair not to pay Reasonable value o Promissory Estoppel Protects reasonable reliance
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 04/07/2008 for the course BSL 212 taught by Professor Guzzi during the Fall '07 term at University of Miami.

Page1 / 14

BSL notes - Ch. 1 Source of Law o US Constitution Sets up...

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