Private law involves disputes between private individuals or groups

Public Law involves disputes between private individuals

The ability to understand what someone is saying, and then to apply a set of evaluative criteria to determine the worth of what was said

Determine the legal issue(s) presented to the court
Understand the court’s legal conclusions
Cite the applicable rule(s) of law
Evaluate the court’s legal reasoning

Justice/Magistrate

Superior Court

Court of Appeals

State Senate

The US Legal System:

Federal

Magistry Court

District Court

Circuit Court of Appeals

US Supreme Court

federal

state

concurrent

federal question: US Constitution, federal statue/treaty

Diversity of citizenship

the united states supreme court

intermediate courts of appeals

Us district courts (federal trial courts)

standing

case or controversy

ripeness

must be the one that's hurt

injury traceable to actions of def.

injury redressed by favorable decision

adverse relationship between plantiff and defense.

actions of one party to give rise to legal dispute

court decision able to resolve dispute

informal negotiation

pleading

service of process (az = 20 days)

defendents response

pretrial motions

discovery

pretrial conference

jury selection

opening statements

examination of witness and presentation of evidence

closing arguments

jury instructions

motion for judgment in accordance with verdict: made by winner

motion for judgement Notwithstanding verdict: made by the loser

Motion for a new trial: Made by the loser

Who: most important = who will sue you

Purpose: freedom, security, justice, efficiency

How: how you want to be treated or perceived.

C: Code of conduct

O: Outcome

V: values = ethics (virtue based)

E: Editorial (TV Test)

R: Rule = laws and regulations

A promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty.

NOT A LAW

Agreement

Consideration

Contractual Capacity

Legal Object

derived from english common law

states have their own interpretations

Article 2 covers Ks for sale of goods:

sale: exchange for a price

Good: tangible movable objects

Intent

Definite and certain terms

Communication

persuasive efforts of dominant party, who uses special relationship to unduly persuade the other party

any relationship involving one party's unusualy degree of trust in another can give rise to undue influence.

ease contractual negotiations

prevent unreliable evidence from interfering with contractual relationship

prevent parties from entering into contracts with which they do not agree.

ks that cannot be performed within one year from the date of their making

promises made in consideration of marriage (prenups)

ks to pay the debt/default of another party

real estate contracts

ks for the sale of goods valued at 500 or more

admission: statement made in court under oath that an oral contract existed

partial performance on sale of land

promissary estoppel: legal e nforcement of otherwise enforceable contract, due to party's detrimental reliance on k

miscellaneous exceptions recognized by uniform commercial code (UCC)

unicorporated business owned by one person

owner has total control

owner has unlimited liability

profits taxed directly as income to sole proprietor

terminated upon owners death

not a separate legal entity

unincorporated business owned and operated by two or more persons

each partner has equal control of business

each party has unlimited person liability for business debs/obligations/losses

profits taxes as income to partners

dissolves upon death of a partner

generally not a separate legal entity

unicorporated business with at least one general partner and at least one limited partner

general partner in limited partnership has managerial/operational control over business

limited partner has no managerial/operational control over business

general partners are still 100% liable

limited partners liability is limited to extent of his/her contributions

formation requires filing a certificate with a state office

limited partner dies, partnership generally lives on

if general partner dies the partnership is usually dissolved

business name must contail the word Limited in its title

all partners pay personal taxes on their portion of the profits

state sanctions business with legal identity separate and apart from its owners (shareholders)

owners' (Shareholders) liability limited to the amount of investment in corporation

double taxation: profits taxed as income to corporation, and again as income to owners/shareholders

S corporation can avoid double taxation

business organization formed under federal tax law that is considered corporation yet taxed like a partnership

formed unde federal law

no ore than 100 shareholders

shareholders must report income on their personal income tax forms.

business organization with limited liability of a corporation, yet taxed like a partnership

formed under state law w/ filing articles of organization

owners of LLC (members) pay personal income taxes on shares they report. NO DOUBLE TAXATION

Can elect for corporate taxation

no limitation on number of owner permitted in LLC

tremendous management flexibility

personal liability for all business debts/obligations/losses

funding limited to personal funds and loans

voluntary and consensual relationship

between two or more individuals

engaged in numerous business transactions over a period of time

partners share profits and management of business

agreement between at least one general partner and at least one limited partner

allows investor (limited partner) to share in profits of partnership

Limited partner's liability limited to amount he/she invests in business

2:

libel and slander

truth is an aboslute defense

privilege:

absolute privilege

conditional (must be with actual malice)

public figure privilege

power of attorney

durable power of attorney

agency by implied authority

agency by estoppel

agency by ratification

individual must represent himself/herself as agent for another party

prinicpal accepts/ratifies unauthorized act

principal has complete knowledge of all material facts regarding contract

prinicpal must ratify entirely on agents act

loyalty

notification

performance

obedience

accounting

express authority

implied authority

apparent authority and estoppel

any employee not under a contract/collective bargaining agreement may quit for any reason/no reason at all with no required notice to employer.

also means employer may fire employee at any time, with no notice

race

color

religion

national origin

gender

1. Plantiff-employee must demonstrate a "prima facie" case of discrimination

2. defendent-employer must articulate a legitimate, non-discriminatory business reason for the action

3. plantiff-employee must demonstrate that the reason given by the defendant-employer is a "mere pretext".

Bona Fide Occupational Qualification (BFOQ): Allows employer to discriminate in hiring on basis of gender, religion, or national origin (but not race/color) when doing so is "reasonably necessary" for performance of job

Merit

Seniority

charge filed with EEOC

EEOC Concilation attempts

EEOC "Right to sue" letter

bona fide seniority system

bona fide merit system

pay system baed on quality or quantity of production

any other factors other than gender

trademarks

trade dress

copyrights

patents

trade secrets

sets forth the framework of our government

establishes a federalist system, with authority divided between federal and state governments

establishes and allocates power among three branches of government (legislative, executive, and judicial)

establishes a system of checks and balances

no laws can conflict with the constitution

primary source of authority for a federal regulation of business

gives US Congress the power to regulate commerce with foreign nations "Among the several states" and with Indian tribes

simultaneously empowers the federal government and restricts the power of state governments

article V of the Constitution

provides that federal law is the supreme law of the US

Any state or local law that directly conflicts with federal law is void

first 10 amendments of the constitution are known as the bill of rights

these amendments prohibit federal government from infringing on individual freedoms

14th amendment then extends most of the Bill of Rights provisions to the states

courts apply many of these amendments to corporations as artificial persons

judges of one country cannot question the validity of an act committed by another country within that other country's boarders

based on the principle that a country has absolute authority over what transpires within its own territory

Act of a government in a foreign country is not subject to suit in the foreign country

come countries provide absolute immunity

some contris provide limited immunity

The US Provides limited immunity

An Administrative agency created by Congress to coordinate the implementation and enforcement of the federal environmental protection laws

Broad rule-making powers

adjudicative powers

the EPA can initiate judicial proceedings in court against suspected violators of federal environmental laws

requires the EPA to:
identify US sites where hazardous waste have been disposed, stoed, abandoned, or spilled

rank sites by severity of risk and place the highest ranked sites on a national priority list

the law provides for the creation of a fund to finance the cleanup of hazardous waste sites

can order polluter or landowner to pay for cleanup 

contingent fee

flat fee

hourly fee

agreement: Offer and acceptance

consideration: bargained for exchange

contractual capacity: legal ability to enter into binding K

Legal object: K must have a lawful purpose or subject

commonly applied in situations where an individual has made an agreement and opts to cancel it, which he or she may do by right—such as a minor who disaffirms a contract.

Compensatory

Consequential

Punitive

Nominal damages

Liquidated Damages

public policy

discrimination or retaliation

implied contract

The holding of an estate or property jointly by two or more parties, the share of each passing to the other or others on death

tenancy in common

joint tenancy

tenancy in entirety