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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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