bus-260 study notes

8/2/2019 Bus-260 Study Notes

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Study Guide for BUS-260

Fuck tests


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Stare dicisis

is a legal principle by which judgesare obliged to respect the precedentsestablished by prior decisions.


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Case brief

fact

Issue

Finding (rule) reason


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Classification of legalsubjects

Public and Private

Civil and Criminal

Substance and Procedure Law and Equity


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Constitutional law

is a body of law dealing with thedistribution and exercise ofgovernment power


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Administrative law

the body of law that governs theactivities of administrative agenciesof government

Such as boards and committees


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Criminal law

is the body of rules that definesconduct that is prohibited by thestate because it is held to threaten,

harm or otherwise endanger thesafety and welfare of the public, andthat sets out the punishment to be

imposed on those who breach theselaws

Enforced my the states


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Labor law

is the body of laws, administrativerulings, and precedents whichaddress the legal rights of, and

restrictions on, working people andtheir organizations


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Contracts law

To get a mutual agreement betweentwo people on an action


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Property law

Law that governs personal propertyor real (land) property


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Torts law

is a wrong that involves a breach of acivil duty owed to someone else. It isdifferentiated from criminal

wrongdoing, which involves a breachof a duty owed to society.


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Litigation process

Pleadings: Complaint, Summons,Answer, Counterclaim, and Reply

Complaint: Name of Parties, Stateplace and time, State facts inseparate counts, Plea for relief

Answer for Complaint: Admit, Deny,Confess and Avoid,Demurrer, Insufficient Knowledge


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Crime- Duty to society

Tort- Duty to others

Contracts- Assumption of duties


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Negligent torts

It can be generally defined asconduct that is culpable because itfalls short of what a reasonable

person would do to protect anotherindividual from foreseeable risk ofharm


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Intentional tort

a civil wrong resulting from anintentional act on the part of thetortfeasor


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Strict liability tort

The plaintiff need only prove that thetort occurred and that the defendantwas responsible

Personal responsibility


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Criminal law procedure

Criminal complaint

Warrant summons: Name, offense,bail, judge

Arrest: Complaint, warrant/summons,rights


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Hot potato case

when there is a possibility thatpeople in the court system are biasabout accusing the defendant.

When this occurs, the case is passedto the people and they decide if thedefendant is guilty or not. The

defendant could also be acquitted ifthe jury throws the case out if theythink the case will not hold up.


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Arraignment

a formal reading of a criminalcomplaint in the presence of thedefendant to inform the defendant of

the charges against him or her


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Pleas

Guilty

Not guilty

Not guilty by reason of insanity Nolo contendre (no contest)


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Discovery

Process where each side gets todiscover what the other side knowsabout the case


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Plea Bargain

When both the defendant and theprosecutor come to agreement aboutwhat the punishment is going to be.


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Trial process

Voir dire (jury selection process)

Opening statements about the case

Evidence Closing Arguments

Verdict


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Elements of contracts

Agreement

Offer/ acceptance

Consideration- each side getssomething new

Legal capacity

Legal purpose


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Kinds of Contracts

Unilateral- promise for an act

Bilateral- promise for a promise

Implied-In-Law (Quasi Contract)

When terms like price are not discussed

and then both parties settle anagreement for price.

Gratuitous promise is when you promise to

do something without getting anything inreturn


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Statute of frauds

When you need to keep the contractin case you have to refer to it a latertime

Real estate

Guarantee contract

Sale of goods

Contract over one year


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Breach

Sue for damages when contract fallsthrough

Sue for specific performance

Sue for injunction

Treat as canceled

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