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Usiness Law: Principles for Today’s Commercial Environment

Autor:   •  August 4, 2017  •  77,157 Words (309 Pages)  •  45 Views

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OUTCOME: The court affirmed the judgment.

- Sources of Law

Constitutional law: branch of law that is based on the constitution for a particular level of government

Constitution: a body of principles that establishes the structure of a government and the relationship of that government to the people who are governed; generally a combination of the written documents and the practices and customs that develop with the passage of time and the emergence of new problems. In each state, two constitutions are in force: the state constitution and the federal Constitution.

Statutory law: includes legislative acts. Both congress and the state legislatures enact statutory law. Statutes govern the creation of corporations, probate of wills, and the transfer of title to property. Examples of types of laws: traffic laws, zoning laws and pet and bicycle licensing laws.

Administrative regulations: rules promulgated by state and federal administrative agencies, such as SEC and NLRB. These regulations have the force of statutes.

Private law: rules and regulations parties agree to as part of their contractual relationships, such as for individuals and businesses between landlords and tenants, employers and employees and HOA and homeowners.

Case law: principles that are expressed for the first time in court decisions.

Precedent: the decision made by the court to a new question or problem which then stands as the law in future cases that involve that particular problem.

Doctrine of stare decisis: using precedent and following decisions in similar cases, but is not cast in stone. Judges still have flexibility. If a court finds an earlier decision to be incorrect, it overrules that decision.

Common law: time-honored rules of the community, such as those that have been in use for many years

- Uniform State Laws

National Conference of Commissioners on Uniform State Laws (NCCUSL): composed of representatives from every state has drafted statutes on various subjects for adoption by the states; to facilitate the national nature of business and transactions

Uniform Commercial Code (UCC): regulates the sale and leasing of goods

- Classifications of Law

Substantive law: creates, defines and regulates rights and liabilities, such as those that grant employee protection against discrimination and computer theft

Procedural law: specifies the steps that must be followed in enforcing those rights and liabilities, such as the regulations of the EEOC for bringing suits against employers for workplace discrimination

Principles of Equity: apply when the remedies provided at law cannot provide adequate relief in the form of monetary damages

Specific Performance: a court order for specific conduct for equitable remedies in such cases of contract breaches

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Chapter 2: The Court System and Dispute Resolution

- The Court System

Court: a tribunal established by government to hear and decide matters brought before it, provide remedies when a wrong has been committed and prevent possible wrongs from happening; it can award money damages to a business party for a breach of contract, but it could also issue an injunction to halt patent infringement.

Remittur: a case that is remanded and is sent back for a redetermination of damages

- The Types of Courts

Jurisdiction: the power to hear cases

Subject matter jurisdiction: covers the type of proceedings that the court holds

Original jurisdiction: trial court or the court with the authority to conduct the first proceedings in the case

General jurisdiction: broad authority over different types of cases, can extend to both general civil and criminal

Limited, or special, jurisdiction: has authority to hear only particular kinds of cases, such as juvenile court, probate court, domestic relations court

Appellate jurisdiction: reviews the work of a lower court; does not hear witnesses or take testimony and is usually a panel of three judges, which simply reviews the transcript and evidence from the lower court and determines whether there has been reversible error

Appeal: a review of the trial and decision of the lower court

Reversible error: a mistake in applying the law or a mistake in admitting evidence that affected the outcome of the case

Affirm/Reverse: decision made by the appellate court regarding the lower court decision

Remand: appellate court decision for another trial or additional hearings

Case Study: Yates v State, 171 SW 3D 215 (TEX APP 2005) Andrew Yates drowned her children in the bathtub and was found guilty. However, the prosecution hinged their entire case on the testimony of Dr. Dietz’s testimony and reference to a Law & Order episode in which a mother drowns her children and covers them with a sheet. The episode never existed and therefore, the testimony was to be false, causing reversible error.

PROCEDURAL POSTURE: Defendant appealed from a judgment of the 230th District Court, Harris County (Texas), which convicted her of capital murder for the drowning deaths of three of her five children and assessed punishment at life in prison.

OVERVIEW: At trial, four mental health experts testified that defendant did not know right from wrong, was incapable of knowing what she did was wrong, or believed that her acts were right. The State's sole mental-health expert testified that defendant, although psychotic on the date in question, knew that what she did was wrong. On cross-examination, the expert testified that there was an episode of a television show, which defendant was known to watch, where a woman with postpartum depression drowned her children in the bathtub and was found not guilty by reason of insanity. The expert claimed the episode aired shortly

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