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MGT 3410 Midterm 1

Business Law Units: Intro, Torts, Negligence, Contracts, Agency

Classification of Law 1. substantive and procedural 2. public and private 3. civil and criminal
substantive law creates, defines, and regulates legal rights and duties
procedural law sets forth rules for enforcing those rights that exist by reason of the substantive law
public law branch of substantive law that deals with the governments rights and power and its relationship to individuals and groups
private law part of substantive law governing individuals and legal entities in their relationships with one another
sources of law (4) supreme law: constitution: sets up entire govt and powers judicial review: supreme court determines constitutionality of all laws
Judicial law (4): 1.common law 2.adversary system 3.civil law 4.inquisitorial system
common law relies on judiciary as a source of law and on the adversary system to settle disputes
adversary system parties, not court initiate and conduct litigation
civil law depend on comprehensive legislative enactments and an inquisitorial system
inquisitorial system the judiciary intiates litigation, investigates pertinent facts and conducts presentation of evidence
Federal Courts (4) district courts court of appeals supreme court special courts
district court general trial courts in fed system
court of appeals determine whether prejudicial error has occurred and then reverse, modify, affirm, or remand
supreme court highest tribunal court with 9 justices
special courts US court of federal claims, bankruptcy court, tax court, court of appeals
State courts (3) inferior trial courts trial courts appelate courts
inferior trial courts decide the least serious criminal and civil matters small claims court:hears trials for limited amt of $
trial courts hear civil and criminal cases other than minor offenses
appellate courts summit of state court system "supreme court of state"
Rule on Fed Jurisdiction: exclusive only if congress says so, otherwise they share it with the state governments
Exclusive Fed Jurisdiction (8) federal crimes bankruptcy patents copyrights and trademarks admiralty antitrust suits against US specified fed statutes
Concurrent jurisdiction Federal questions Diversity of Citizenship
Jurisdiction over parties (3) in personam:control parties in rem:control of property to settle ownership dispute attachment:take property to receive payment unrelated to dispute
demurrer failure to state claim and thus throw out case-type of pretrial motion
pretrial procedure 4 judgement on pleadings discovery:get evidence pretrial conference:simplify issue, try settle summary judgement:final binding determination on merits by judge
Trial procedure(7): Jury Selection conduct of trial-present evidence jury instructions verdict motions challenging verdict appeal enforcement
Created by: 605888859
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