Reading Notes, Ch.1
Substantive law: sets out the rights and duties governing people as they act in society.
Establishes: duties, rights, and priviledges.
Procedural law: establishes the rules under which the substantive rules of law are enforced.
2/28, in class notes
Types of proprietorships:
- Sole, SP
- General, GP
- Limited, LP
- Limited liability, LLP
- Limited Liability Corporation, LLC
- Private limited liability corporation, PLLC
- S Corp
- C Corp
- Hardest to finance
- Increased mana
3/11, in class notes
Steps to incorporation:
1. Preparation of articles of incorporation
2. Signing and authenticating the articles by one or more of the incorporators
3. Filing the articles with secretary of state and paying all required fees
2/25, reading notes
An agency is something formed under common law.
Is it an agency? Ask 3 questions:
1. Duties to a principal and agent are to serve each other
2. Liability of a the principal and agent on contracts are made by the agent
2/4, in class notes
No voluntary consent if:
a. Misrepresentation of a material fact
b. Justifiably relied on to the plaintiffs harm
a. International misrepresentation of a material fact
b. Justifiably relied on to the plai
Exam One Review Notes
- Goods: more than $500
- Predominant purpose test: which side has a stronger argument, which side comes first
- Merchant: someone with knowledge in a skilled trade
1/28, in class
Acceptance: present intent to contracts
Intent: - same as offer
- Objective manifestations of intent
- Mirror image requirement: exactness
Acceptance to mirror image rule: use battle of the forms
Apply UCC rules when using the battle of the
Written vs Oral: not limited to written documents
-covered by statute of frauds
Ask yourself 4 questions:
1. Do we have a valid contract?
2. Is it enforceable?
3. Who may enforce it and against whom?
4. What is the measure of damages?
Trail: by lower courts, primary subject jurisdiction
Verdict: hung jury, guilty, not guilty. Not guilty doesnt mean innocent. If there is a hung jury, the
person can be re-tried
-created in fear of tyranny
-10th Amendment, left out of c
Criminal Law v. Civil Law
Difference? Criminal law is for felonies, civil law is for any dispute over money
Constrain actions in society: criminal law: life or liberty as the punishment for said crime
Crimes could be: assault or something like drinking an