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

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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)
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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
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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 Elements:
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