Business Law Chapters 1-3
Civil Court * Law suit individual vs individual * Purpose is to ask for damages * By a preponderance of the evidence (more evidence then other ) 51%
Criminal Court * State brings law suit against individual * Purpose to punish, revenge, “rehabilitate” * Beyond reasonable doubt
Burdon of proof – amount of evidence
Plaintiff- party bringing civil suit
Pro – state bringing chargers against an individual
Cause of action- reason for your law suite
Trial court- fact finding takes place, evidence,
Applet court – review what happened at the trial
Appellant- party who lost the trial and is now appealing “petitioner”
Appellee- party who won and must defend the appeal “a respondent”
Fundamental error- you have the right to appeal if there is a mistake, only way you can get an appeal
Harmless error- you can appeal but you lost
Affidavit- sworn written testimony, under oath
Decision- verdict
Opinion- written
Reporter – books in which each court catalogs their cases
Citation- reference code to public opinion
Lexus- online data base for all reporters
Summary judgment * Difference between issue of law * There is no dispute * Judges decides issues of law * * Difference between issue of fact * Disputable, reasonable minds can differ * Reason we have a Jury, jury decides
Brief Case Format * Name of case on top with citation * No longer than 1 page * Left hand margin “FACT:” and sum it up * Issue: (one sentence in a form of a question) * Decision : (one sentence, how did the court answer this issue) * Reasoning : ( why did they decide the result) * Opinion :
CLASS NOTES * * Sources of Law * Secondary * Explain the law, clarify it * Restatement – a large book written by experts in a particular filed *
Criminal Court * State brings law suit against individual * Purpose to punish, revenge, “rehabilitate” * Beyond reasonable doubt
Burdon of proof – amount of evidence
Plaintiff- party bringing civil suit
Pro – state bringing chargers against an individual
Cause of action- reason for your law suite
Trial court- fact finding takes place, evidence,
Applet court – review what happened at the trial
Appellant- party who lost the trial and is now appealing “petitioner”
Appellee- party who won and must defend the appeal “a respondent”
Fundamental error- you have the right to appeal if there is a mistake, only way you can get an appeal
Harmless error- you can appeal but you lost
Affidavit- sworn written testimony, under oath
Decision- verdict
Opinion- written
Reporter – books in which each court catalogs their cases
Citation- reference code to public opinion
Lexus- online data base for all reporters
Summary judgment * Difference between issue of law * There is no dispute * Judges decides issues of law * * Difference between issue of fact * Disputable, reasonable minds can differ * Reason we have a Jury, jury decides
Brief Case Format * Name of case on top with citation * No longer than 1 page * Left hand margin “FACT:” and sum it up * Issue: (one sentence in a form of a question) * Decision : (one sentence, how did the court answer this issue) * Reasoning : ( why did they decide the result) * Opinion :
CLASS NOTES * * Sources of Law * Secondary * Explain the law, clarify it * Restatement – a large book written by experts in a particular filed *