BUSINESS LAW

RAYMOND J. RAUSCH

INTRODUCTION TO LAW

I. SOURCES OF LAW

A. CONSTITUTIONS

B. STATUTES AND ORDINANCES

C. CASE LAW

JUSTICE POWELL

D. ADMINISTRATIVE AGENCY REG E. COMMON LAW

II. COMMERCIAL LAW A. INTRODUCTION B. NATIONAL CONFERENCE C. UNIFORM COMMERCIAL CODE

INTRODUCTION TO LAW

SOURCES OF LAW

III. CLASSIFICATIONS OF LAW

A. SUBSTANTIVE vs. PROCEDURAL

B. PUBLIC vs. PRIVATE

C. CIVIL vs. CRIMINAL

D. REMEDIES IN LAW

AND EQUITY

INTRODUCTION TO LAW

COURTS & PROCEDURES

I. JURISDICTION AND VENUE

A. SUBJECT MATTER

B. PERSONAL OR PROPERTY

C. ORIGINAL/APPEALS

D. VENUE

II. STATE COURT SYSTEM

A. INFERIOR TRIAL COURTS

B. GENERAL TRIAL COURTS

C. APPELLATE COURTS

D. SUPREME COURT

COURTS & PROCEDURES

III. FEDERAL COURT SYSTEM

A. JURISDICTION

1. FEDERAL QUESTION

2. DIVERSITY OF

CITIZENSHIP

COURTS & PROCEDURES

B. TYPES OF COURTS

1. SPECIALIZED COURTS

2. DISTRICT COURTS

3. APPELLATE COURTS

4. U.S. SUPREME COURT

COURTS & PROCEDURES

FEDERAL COURT SYSTEM

IV. JUDICIAL PROCEDURE A. SUMMONS AND COMPLAINT

B. SERVE SUMMONS & COMPLAINT

C. DEFENDANT’S RESPONSE 1. ANSWER

2. COUNTERCLAIM

3. CROSS COMPLAINT

4. AFFIRMATIVE DEFENSE

COURTS & PROCEDURES

D. PRETRIAL HEARING

1. TRY TO SETTLE

2. SCHEDULING ORDER

E. MOTIONS

1. MOTION TO DISMISS

2. SUMMARY JUDGMENT MOTION

COURTS & PROCEDURES

JUDICIAL PROCEDURE

F. DISCOVERY

1. DEPOSITIONS

2. INTERROGATORIES

3. DEMAND TO PRODUCE

DOCUMENTS

4. REQUESTS FOR ADMISSION

COURTS & PROCEDURES

JUDICIAL PROCEDURE

G. TRIAL

1. OPENING STATEMENT

2. PLAINTIFF’S CASE

3. MOTION FOR A DIRECTED

VERDICT

4. DEFENDANT’S CASE

5. REBUTTAL

COURTS & PROCEDURES

JUDICIAL PROCEDURE

6. REJOINDER

7. CLOSING AGRUMENTS

8. DECISION

9. MOTIONS FOR A NEW TRIAL

10. APPEAL

COURTS & PROCEDURES

JUDICIAL PROCEDURE

TORTS

I. ELEMENT

A. INJURY

1. INJURY TO PERSON

2. INJURY TO PROPERTY

B. CAUSATION

1. FACTUAL CAUSATION

2. PROXIMATE CAUSATION

C. BREACH OF A DUTY OF CARE1. IS THERE A DUTY OF

CARE?

2. WAS THERE A BREACH OF

THAT DUTY?

TORTS

ELEMENT

II. KINDS OF TORTS

A. INTENTIONAL TORTS

1. INTENTIONAL TORTS

AGAINST PERSONS

a. BATTERY

b. ASSAULT

c. FRAUD

TORTS

d. DEFAMATION OF

CHARACTER

i. SLANDER

ii. LIBEL

e. DISPARAGEMENT

KINDS OF TORTS

TORTS

2. INTENTIONAL TORTSAGAINST PROPERTY

a. TRESPASS TO LANDb. TRESPASS TO

PERSONAL PROPERTYc. CONVERSION

d. NUISANCE

TORTS

KINDS OF TORTS

3. BUSINESS TORTS

a. COPYRIGHT OR

TRADEMARK

INFRINGEMENT

b. INTERFERENCE

WITH CONTRACTUAL

RELATIONS

TORTS

KINDS OF TORTS

B. NEGLIGENCE

1. TEST FOR NEGLIGENCE

2. JOINT AND SEVERAL

LIABILITY

3. CONTRIBUTORY

NEGLIGENCE

TORTS

KINDS OF TORTS

4. COMPARATIVE NEGLIGENCEa. PLAINTIFF’S AWARD IS

REDUCED BY THE

PLAINTIFF’S PERCENT

OF NEGLIGENCE

b. TO WIN ANYTHING, THE

PLAINTIFF’S PERCENT

OF NEGLIGENCE MUST BE

EQUAL TO OR LESS THAN

THE DEFENDANT’S

TORTS

KINDS OF TORTS

c. PLAINTIFF - STUDENT

d. DEFENDANT’S

i. MANUFACTURER

ii. CONTRACTOR

iii. FRATERNITY

iv. FOUNDATION

TORTS

KINDS OF TORTS

5. MEMBERS

a. LIVED IN HOUSE - AT PARTY

b. LIVED IN HOUSE - NOT

AT PARTY

c. DID NOT LIVE IN HOUSE - AT

PARTY

d. DID NOT LIVE IN HOUSE -

NOT AT PARTY

TORTS

KINDS OF TORTS

PLAINTIFF:STUDENT 34%

DEFENDANT’S: 1. MANUFACTURER 27% 2. CONTRACTOR 12% 3. FRATERNITY 10% 4. FOUNDATION 5% 5. MEMBERS -

A. 4%B. 4%C. 4%D. 0%

TORTS

PLAINTIFF:PASSENGER

DEFENDANTS: A. TRUCK DRIVER B. DRIVER OF CAR C. GENERAL MOTORS

TORTS

PLAINTIFF:PASSENGER 24.1%

DEFENDANTS: A. TRUCK DRIVER 11.4% B. DRIVER OF CAR 40.6% C. GENERAL MOTORS 23.9%

TORTS

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

49% DEFENDANT A: 51%

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

Example 1: TORTS

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

49% DEFENDANT A: 51%

$ 510.00

Example 1: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

50% DEFENDANT A: 50%

Example 2: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

50% DEFENDANT A: 50%

Example 2: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE? $ 500.00

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

51% DEFENDANT A: 49%

Example 3: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

51% DEFENDANT A: 49%

Example 3: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE? $ 0.00

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

20% DEFENDANT A: 40%

DEFENDANT B: 40%

Example 4: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

20% DEFENDANT A: 40%

DEFENDANT B: 40%

Example 4: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE? $ 800.00

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

30% DEFENDANT A: 30%

DEFENDANT B: 40%

Example 5: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

30% DEFENDANT A: 30%

DEFENDANT B: 40%

Example 5: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE? $ 700.00

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

20% DEFENDANT A: 10%

DEFENDANT B: 70%

Example 6: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

20% DEFENDANT A: 10%

DEFENDANT B: 70%

Example 6: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE? $ 800.00

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

10% DEFENDANT A: 20%

DEFENDANT B: 70%

Example 7: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE?

DAMAGES ARE FOUND TO BE $1,000

PLAINTIFF’S DEFENDANT’S

NEGLIGENCE NEGLIGENCE

10% DEFENDANT A: 20%

DEFENDANT B: 70%

Example 7: TORTS

HOW MUCH MONEY DOES THE

PLAINTIFF RECEIVE? $ 900.00

C. STRICT LIABILITY

1. USE OF HIGH EXPLOSIVES

2. WILD ANIMALS

3. PRODUCT LIABILITY

TORTS

KINDS OF TORTS

CONTRACTS

I. DEFINITION

II. TYPES OF CONTRACTS

A. EXPRESS vs. IMPLIED

B. BILATERAL vs. UNILATERAL

C. FORMAL vs. INFORMAL

D. QUASI-CONTRACTS

E. EXECUTED vs. EXECUTORY

F. VALID, VOID, VOIDABLE &

UNENFORCEABLE

G. STANDARDIZED CONTRACTS

CONTRACTS

TYPES OF CONTRACTS

AGREEMENT: OFFER

I. ELEMENTS - OFFER

A. INTENTION

B. DEFINITENESS

C. COMMUNICATION

CONTRACTS

II. TERMINATION OF THE OFFER

A. BY OPERATION OF LAW

1. LAPSE OF TIME

2. DISTRUCTION OF THE

SUBJECT MATTER

3. DEATH OR INCOMPETENCE

CONTRACTS

B. BY ACTION OF THE PARTIES

1. REVOCATION a. OPTION CONTRACTS

b. FIRM OFFERS, PERSONALPROPERTY, UCC

c. UNILATERIAL CONTRACTS

2. REJECTION

3. COUNTER OFFER

CONTRACTS

TERMINATION OF THE OFFER

AGREEMENT: ACCEPTANCE

I. GENERAL

A. UNEQUIVOCAL

B. SILENCE AS ACCEPTANCE

CONTRACTS

C. WHEN DOES AN ACCEPTANCE BECOME EFFECTIVE?

1. IF A SPECIAL MEANS OF COMMUNICATION IS SPECIFIED

2. IF NO SPECIAL MEANS OF COMMUNICATION IS SPECIFIED;

OTHERWISE, EFFECTIVE UPON RECEIPT IF SPECIFIED IN OFFER.

EXCEPTION: Where there is a rejection followed by an acceptance.

CONTRACTS

GENERAL

CONSIDERATION

I. REQUIREMENTS

A. MUST BE LEGALLY SUFFICIENT

B. ADEQUACY OF CONSIDERATION

SUBJECTIVE; SMALL AMOUNT

$1.00.

CONTRACTS

II. CONSIDERATION NOT PRESENT

A. PAST CONSIDERATION

B. PERFORMING A PRE-EXISTING

DUTY

CONTRACTS

III. PROMISES ENFORCEABLE WITHOUT CONSIDERATIONA. PROMISSORY ESTOPPEL: When

the person making the promise can

reasonably expect the other person

to rely on it and the only way to avoid

injustice is to enforce the contract.

B. QUASI CONTRACT

C. CHARITABLE SUBSCRIPTIONS

CONTRACTS

EXAM GRADES100 -1 68- 998 - 0 65- 695- 0 63- 6 C- 93- 6 60- 990- 6 A 58- 4 D+88- 5 A- 55- 4 D85- 6 53- 4 D- 83- 8 B+ 50- 0 F 80- 4 48- 2 78- 10 45- 175- 9 B- 43- 1 73- 9 40- 070- 7 38- 0

35- 0 33- 0