MGMT 217

1. FUNCTIONS OF THE LAW
Influence behavior of the members of a society
Resolving disputes within the society
Maintaining important social values

2. COMMON LAW/STATUTORY LAW
Common law judge made law
Under common law judges decide cases based on decisions from previous cases(stare decisis)
Statutory law: Written laws created by federal and state legislatures

3. STARE DECISIS
Doctrine where the law of precedent is used in guiding decision making in present cases before the court
Precedent= prior judicial decisions
4. CIVIL/CRIMINAL
Civil law:
Concerns rights among members of society or between
Individuals and the government in non-criminal matters
A person found liable for a civil wrong may be required to pay money damages to the injjred party, or to refrain from doing specifc act
Includes tort law, contract law
CRIMINAL LAW
Legal wrongs or crimes committed against the government
A person found guilty of a criminal offense may be fined, imprisoned or both
In a criminial trial the plaintiff is the state represented by the disctrict attorney

5. STRUCTURE OF THE COURT SYSTEM – FEDERAL/STATE
Federal
The federal court system was created pursuant to the us constitution
The us constitution is the highest law of the land
There are three levels to the federal court system
Us district courts-jury
Us courts of appeals 3 judge panel
Us supreme court 9 justices
Federal are appointed- state are elected
Writ of certiorari ( the justices decide to take the case)
STATE
Trial court-1 judge
Appellate court- 4 judges
State Supreme Court 5 or more judges
The lowest court for both state and federal where the dispute is first brought and tried is the court of original jurisdiction.
Supreme courts and the appellate courts have appellate jurisdiction.
When case is appealed they are concerned with any errors in the law at the lower level.

6. STRUCTURE OF THE CONSTITUTION – ARTICLES/ AMENDMENTS
Article I powers of congress
Article 2 powers of the president
Article 3 creation and powers of the federal judiciary
Amendments 1-10 bill of rights
Amendment 6 & 7 = right to a trial by jury.
7. POLITICAL SPEECH BY BUSINESSES
Most protected speech under the first amendment.
Businesses have the constitutional right to speak out publicly and truthfully on political issues
Three part test that restrictions must pass to be allowed to regulate political speech
1. Reasonable time place manner
2. Permissible subject matter regulation
3. Narrowly tailored means of serving a compelling state intrest.

8. COMMERCIAL SPEECH not as protected as much as political speech
Expressions made by businesses about commercial matters
Truthful speech in this category is entitled to 1st amendment protection
9. COMMERCE CLAUSE
The source of the power for congress to regulate business and interstate commerce
Has been interpreted to regulate even items not directly linked to interstate commerce.
10. TAXING POWER
Constitutional State taxes
Taxes must apply to an activity having a substantial connection with the state
Taxes must be fairly apportioned to those inside and outside the state
Taxes do not discriminate against interstate commerce
Taxes are fairly related to services provided by the state
State taxes may not impede foreign trade
11. FIFTH AMENDMENT – SELF-INCRIMINATION
No person shall be compelled in any criminal case to be a witness against himself
Protects individuals against self-incrimination
Protection applies to persons not corporations
Although corporate executive cannot be made to testify against him or herself, business records that might incriminate the corporation.
12. FIFTH AMENDMENT – TAKING OF PRIVATE PROPERTY FOR PUBLIC USE
The government determines that the private property of another should be used for some specific public purpose
The government is allowed to take title to property upon just compensation to the property owner.
Compensation is based on fair market value.
13. FOURTH AMENDMENT – WARRANT REQUIREMENTS
The right of the people to be scure in their persons houses papers and effects against unreasonable searches and seizures
Warrant to search for evidence is issued by a magistrate or judge based on probable cause
Cases arising under this amendment are criminal and concern the proper methods of searches and seizure of suspect criminals and evidence.
Exclusionary rule any evidence that violates this amendment cannot be used against you ( taken with out warrant)
14. JURISDICTION –
Defines the limits with which the court can apply the law
The right of a court or other body to hear a case and render a judgment
When a plaintiff files a lawsuit they must select a court which has both subject matter jurisdiction and personal jurisdiction over the person of the defendant or the property of the defendant.
Without jurisdiction the court cannot exercise authority.

a. SUBJECT MATTER (the conflict)
Is created by a constitution or a statute regarding the type of dispute a court can accept to resolve and can include requirements on the amount in controversy.
Example bankruptcy fed, patents fed, states child support, divorce
Federal court subject matter jurisdiction
Only two ways to go to federal
Federal question basically a question of the constitution or based on federal law where the u.s is a party to the suit
Diversity jurisdiction
Diversity of a citizenship (parties from separate states) and more than 75k amount in controversy.
b. IN PERSONUM (the person)
A courts power over the person involved
Jurisdiction must be had over both parties to the litigation
c. IN REM (the property)
The court has jurisdiction over the property (their property is doing something in the state) must be related to the property itself.
d. QUASI-IN-REM (use of property only to get $$$$)
When a defendants property in a state is attached to a secure payment, for an unrelated matter ( use their property to pay for a judgement)
15. REMOVAL JURISDICTION/DIVERSITY JURISDICTION
Concurrent jurisdiction where federal state courts systems have jurisdiction to hear the case, the plaintiff will choose which state to file suit. (To move from a state court to a federal)
Example iowa vs Illinois car accident, value $100k, could possibly be brought in Iowa Illinois or federal court
16. LONG-ARM STATUTE
State law that permits its court to reach beyond state lines for jurisdiction over nonresident defendants after establishing that the defendant had minimum contracts with the state, or has some other interest in the state.
17. JURY SELECTION PROCESS
Jury selection process begins when the clerk of the court sends notice instructing citizens to appear for jury duty.
a. Voir Dire (interview process)
The question and answer process used to select jury members, used to determine whether a prospective jurors in likely to be so biased that he or she could not reach a fair decision based on the evidence presented.
Strike for cause (tell judge why they get rid of juror)
Preemptory strike (you don’t need a reason)
18. ROLE OF JUDGE AND JURY
Judge: a judge is absolutely immune from suit for damages from judicial acts instruct the jury about the application of law.
Jury: jury is the finder of fact; members must come to a unanimous decision.
19. PLEADINGS AND STRUCTURE OF LITIGATION
Structure of litigation litigation process is governed by the federal rules of civil procedure
Complaint- formal statement made to the court by the parties to a case which lists claims and defenses
Notice- given by a service of process on the defendant
Answer- defendant may file a motion to dismiss, and answer with or without an affirmative defense, or counter claim.
Plaintiff’s case
Defendants case verdict 20. SUMMARY JUDGMENT
At the close of discovery either party may move for a summary judgment claiming there is no genuine issue of material fact and that the judge should hand out a judgment.
a. DIRECTED VERDICT
A motion by the defense for the judge to make a decision on the case before trial is complete because the burden of proof has not been met by the plaintiff. ( submitted during a trial)
b. J.N.O.V.
A motion filed by the losing party to a suit to throw out the jury’s judgment
This is where the judge is being asked to hold that there were not legally sufficient grounds to support the jury’s verdict.
21. DISCOVERY – PURPOSES/TYPES
This process by which the parties to a lawsuit gather information from each other to reduce scope of what evidence will be
Purpose prevent unfair surprise at trial, encourages pretrial settlement, preserves evidence of witnesses who might not be available at trial, preserves testimony of witnesses whose memory may fade over time narrows the isses in the case to be identified at trial.
TYPES
Depositions-sworn in person to testimony of a witness recorded by a court reporter, taken outside of court
Physical mental examinations
Interrogatories written questions prepared for a witness which are answered with the assistance signed under oath
Orders for production of documents
Inspection of documents
Requests for admissions
22. BURDENS OF PROOF – CIVIL/CRIMINAL
Criminal beyond a reasonable doubt 95%
Civil preponderance of the evidence 50%
23. ARBITRATION
Under arbitration both parties must agree on who the arbitrator will be. Arbitrators are not required to be attorneys but are required to be impartial. Arbitration resolves a dispute faster than going through a trial. Cannot be appealed with 4 exceptions
1. Award was obtained by fraud
2. There was evidence of partiality
3. The arbitrator was guilty of serious procedural misconduct
4. The arbitrator exceeded his or her power and award was made on a subject not relevant to the proceeding
a. MEDIATION
A third party is present to assist parties to a dispute to try and reach solution by coming to a acceptable agreement. They can only try to help, cannot impose a decision on both parties.
b. NEGOTIATION
A voluntary form of alternate dispute resolution between the parties themselves, gather facts and relevant information, exchange information, and compromise and settle the dispute.
24. FELONY VS. MISDEMEANOR
A felony is a crime that is usually punishable by more than one year in prison.
A misdemeanor is punished by less than one year in prison.

25. EXCLUSIONARY RULE
Evidence gather in violation of fourth amendment cannot be used against you at trial.
26. RICO
Racketeer influenced and corrupt organizations act , used mainly for organized crime, or civil cases
27. INSIDER TRADING
When a person trades a security while in possession of material nonpublic information in violation of a duty to withhold the information or refrain from trading.
28. ANTITRUST
Tries prevent unfair competition in the marketplace as well as other unfair business practices
29. ACTUS REUS & MENS REA mens rea-guilty mind actus reas-guilty act
30. ASSAULT*
Intentional conduct directed at a person usually verbal FEAR
*DEFENSES
Privilege
Consent
Self defense
Defense of others
Defense of property
31. BATTERY*
Physical abuse towards someone the defenses are the same as assault, but can also offend a reasonable person’s sense of dignity.
32. DEFAMATION*
An intentional false communication either published or publicly spoken that injures another’s rep or name.
DEFENSE
Truth-is an absolute defense to defamation
Conditional privilege, if false was published in good faith
Constitutional privilege- the press may publish opinions about persons of public interest
a. ACTUAL MALICE
If they could have written the truth or found it, but chose not to
33. FALSE IMPRISONMENT
Intentional holding or detaining of a person in violation of a protected interest in freedom from restraint of movement
Detention need not be physical, verbal threats as restraints may be a basis of an action for false imprisonment.
34. INVASION OF PRIVACY
Use of a person’s personal information without permission
Providing the public with published information about a person which comes from private sources or published information about a person which is known to false
35. FRAUD/MISREPRESENTATION
When a person suffers an injury due to deliberate deception, there may be a tort of fraud.
Knowingly, didn’t care if it was true or not, recklessly careless to whether the info is true or false
Justifiable reliance, if they say something that is so overly false, you can’t sue for fraud. Must be relied on
36. INTERFERENCE WITH PROSPECTIVE ADVANTAGE
When a business attempts to improve its place in the market by interfering with another business INTERFERENCE WITH CONTRACTUAL RELATIONS
The existence of a contractual relationship between the injured business and another party
3rd party intentionally interferes with the contractual relationship
37. PRIMA FACIE ELEMENTS OF NEGLIGENCE *
Duty of care-person had to act as a reasonable person
Breach of duty of care- did not act like a reasonable person
Proximate cause- that their breach of cause damage to you
Actual injury
DEFENSE
Assumption of risk
Contribution
Comparative
a. PROXIMATE CAUSE - FORESEEABILITY
38. PRIMA FACIE ELEMENTS OF STRICT LIABILITY*
The product was defective
The defect created an unreasonably dangerous product
The defect was the proximate cause in bringing the injury
The injury caused legal damages
DEFENSE
Showing that no warranty existed
Product misuse or abuse
Assumption of risk
Sophisticated user should reasonably know of the products dangers
39. THEORIES OF RECOVERY UNDER STRICT LIABILITY – TYPES OF DEFECTS
Ultra hazardous activity, failure to warn, design defect
40. UNKNOWN HAZARDS
Dangers that were not known or not fully appreciated at the time the product was manufactured are still liable
41. MARKET-SHARE LIABILITY
Liability that is imposed on each member of an industry, based on each members share of the market percentage of the product that is placed on the market. It could have come from 4 or 5 different company’s and its hard to tell where.
* MAKE SURE TO KNOW THE DEFENSES OF THE ITEMS WITH * AFTER THEM.