Small claims court= Pro Se Court
Cases where one state sues another state most often happens over
Writ of certiorari = legal writ that certifies. Supreme court issues if they
decide to hear a case.
Supreme court decision: supreme c
Source of contract law:
1. Common law of contracts: contract law developed primarily by state courts.
2. Uniform commercial code: a comprehensive statutory scheme that includes
laws that cover aspects of commercial transactions.
Drafted by the National C
Under the supremacy clause that federal law is supreme
Preemption (to take over): the federal law is supreme and rules over
the United States.
Overrides the law of the area.
Constitution says the federal government has the right to regulate
Exam #3: chapters 16-24
Difference between leases and purchases of goods
Lease: a transfer of the right to the possession and use of named goods for a set term in return
for certain consideration. Ex a car leased to an individual.
o In a lease contract, t
Sources of contract law:
Common law: state common law cases
Statutes: uniform commercial code section 2 (sales of goods)
o Or uniform commercial code section 2A (leases)
Not law: American law institute (restatement of contracts:
Functions of part of the federal government as defined by the
Legislative branch (congress) has the power to make and enact the law.
o Established by article I of the constitution
Executive branch (president) has the power to enforce the law
Primary liability: maker of note, drawee: bank, accommodation party
Secondary liability: check or draft you are secondarily liable.
Holder in Due Court (HDC): takes for value, in good faith, without
notice of a defect, no evidence of forgery or
Friday, January 27, 2017
Supreme Court has to be careful with race, religion, and citizenship and being constitutio
Gender falls under supreme court in intermediate test
Gender distinction such as signing up for the draft is still okay
1. A shareholder of a corporation can be personally liable if theres a Piercing of the Corporate Veil.
2. A shareholder (not an employee) is not entitled to manage the day to day operations.
3. Limited Liability company is a business that combines att
o US is a party
o Federal question
o Diversity of citizenship parties reside in different states
Specialized trial courts
o Bankruptcy courts
Chapter 13, 11, 7, 9
7 full liquidation
9 govt units an
a set of promises that if breached, the law gives a remedy
Contract law is governed by state law is not federal in nature
Issue is that you can have contract law for 50 different states
o Uniform Commercial Code UCC was proposed proposal of
Subject Matter Jurisdiction
Federal courts can only hear cases dealing with one of three issues
o Limited SMJ
1. U.S. is a party
2. Federal Question (law) constitutional law issue, right to
freedom of speech and so forth
3. Diversity of Citiz
Partnerships by Implication
Partnership by Estoppel means a partnership by inference, even if
they might not be sharing profits
A tax number is in regard to their sales tax sales tax number from a
sales tax certificate
o On tangib
On Exam 40 Questions MC, True/False
Off of what was discussed in class
All going to be reflective on the lecture notes
What you should know
Criminal, civil, administrative cases
o Differences of each; 3 different cases you can file
o A) who brings the
Act I, Section 8, Clause 3
Commerce Clause Congress authority over Interstate Commerce
10th Amendment States authority over Intrastate commerce
Dormant Commerce Clause
an extension of the commerce clause itself
o even if congress did not implement some
Business Judgement Rule
duty of care imposed upon members of corporate boards requires:
1. Adequate review of issues and information
2. Devotion of adequate time to deliberations and
3. Hiring of outside consultants as necessary for making decisions
Forms of doing business are dictated by state law
What is the simplest form of business that you can choose to structure?
o Sole Proprietorship simply when you have one individual as the owner of the business; Ralph Jones
d/b/a Spuds Brewery
International Union vs. Johnson Controls, Inc.
Pregnancy Discrimination Act of 1978
added to Title VII
Cannot fire a woman due to pregnancy
Cannot demote upon their return to work
Cannot refuse them to return work
Provides same insurance coverage and
Tort of Negligence
1. Duty an obligation that we have to protect others from an
unreasonable risk of injury; the standard of law is not always applied to
duty; individuals are expected to behave as ordinary, prudent persons
2. Breach of Duty the failure t
Chapter 11: Sales and Lease Contracts
Article 2 of the UCC governs sales contracts which are contracts for the sale of goods.
The common law of contracts also applies to sales contracts.
UCC prevails if there is a conflict between the common law contract