Buisness Law CH 1-6 notes

Essay text:

From opposing party =depositions,Interragatories,admissions Diversity jurisdiction- case between citizens of different states; exceeds 75,000 Federal question jurisdiction-concerns constitution, laws Forum selection clause- contract depicts where to litigate In personam jurisdiction-must be resident, or committed crime in boundaries In rem jurisdiction- property dispute within boundaries Judgment not withstanding verdict- to win despite jury verdict Judgment proof-no assets to sue for Jury trials-instructions on how the verdict will be reached Motion for a new trial- Motion for judgment of pleadings-dismissal after pleadings Motion to dismiss- dismissal of case Original jurisdiction-US supreme court Pleadings-documents & evidence stating claims Subject Matter Jurisdiction- power to hear a case Summary judgment-no issue at hand, entitled to judgment Summons- notifies defendant they are being sued Trial court-not limited to jurisdiction Venue-where a case can be heard 14th amendment- equal protection clause 1st amendment-freedom of speech 4th amendment- protects unreasonable invasion of privacy 5th amendment- no depriving of life, liberty, property w/o due process 6th amendment-right to a speedy trial, impartial jury 8th amendment- forbids cruel and unusual punishment Commerce Clause- interstate commerce, supreme court applies to regulations Commercial speech- restricted if used to advance or restrict achieving interest, or gov't interest Due process- to deprive of life, liberty or property Enumerated power-conditions of congresses power Full strict scrutiny-necessary to fulfill gov't purpose Government action-distinguish between gov't action and private action Independent Checks-constitutional limits on federal and states Intermediate scrutiny-sex discrimination test Judicial Review- actions of gov't bodies unconstitutional Means end tests- no constitutional right is absolute Police power- state power to regulate health safety morals Procedural due process- procedure to deprive of life, liberty or justice Rational basis test- reasonable to gov't achievement of purpose Substantive due process-to attack the substance of government actions Appeals to pity- fallacy ex) anti smoking ads Argument from authority- experts aren't always right Argumentum ad populum-fallacy just because all believe does not make it true Argumentum ad Baculum-to use threats Argumentum ad hominem-attacks the person not the argument Bandwagon fallacy-everyone is doing it so must be true Business Stakeholder- behaviors and decisions must consider stakeholder interest Categorical Imperative- judge what one does if it can be applied to universal law Changing the Internal Mgmt Structure-best way to produce responsible corporate behavior Circular Reasoning-drawing a conclusion that makes no sense Deontological-focuses on decision or actions alone Ethical Decision Making-What facts impact my decision?-What are the alternatives?-Who are the stake holders?-How do the alternatives impact: society as a whole?: My Buisness firm?: me the decision maker?- What are the ethics of each alt?- What practical constraints of each alt? What course of action is required to implement? Ethical Instruction- training on ethical decision-making Ethics code-code of conduct to guide business operations False Analogies-syllogism-Ray Charles=God False Cause- weak correlation of two events when there is no link Gambler's Fallacy prior- outcomes will reproduce the same future outcome Justice Theory-societies resources and burdens should be allocated fairly to all Kantianism- judge morality by universal law, and the categorical imperative Lure of the New-its new so it must be good Modern Rights theory- to abide by a moral rule unless a a greater moral rule applies Non-sequitur- conclusion that is irrelevant to the proposed facts Profit Maximization-to base decisions on long run profits, within limits of the law Reductio ad Absurdum-arguing to the end whether or not it is a probable outcome Rights theory- moral obligation to not harm anothers rights Sarbanes Oaxley Act of 2002- Requires board audit from independent director Sunk cost fallacy- putting more money in will recover all lost money *Arrest and booking-Arrest report filed-charged with complaint-initial appearance before judge-preliminary hearing-formal charge or indictment Arraignment-defendant enters plea Conviction-prove: violation of statute; they committed the offense; to have criminal intent Deterrence-punishment deters repeat of crime and deters others from committing the crime Exclusionary Rule-evidence in illegal searches cannot be used in court Incapacitation-out of society so less likely to commit a crime Incapacity recognized in court-insanity, intoxication, and infancy Mens rea-criminal intent Miranda warnings- to safe guard against self incrimination/5th amendment rights Rehabilitation-change values and attitudes to not commit the crime Retribution- infliction of punishment "to get even" RICO-Racketeering Influenced Corrupt organizations-no money obtained can be used to gain interest or start a company-or to conspire to do so-civil and criminal penalties apply USA Patriot Act-the right to a warrant less search, monitor of communications X post facto- cannot be charged with action until an act is codified 10th amendment-powers not mentioned are reserved for states and people 2nd amendment-right to bear arms 3rd amendment- Protection from quartering of troops 7th amendment- civil trial by jury 9th amendment- rights do not constitute taking anothers rights Absolute privilege- complete freedom of expression is needed for the writers purpose Actual Mallice-intentional or reckless disregard for the truth Assault- when reasonable apprehension of battery is in anothers mind-harmful Battery- Intentional Touching of another without consent Compensatory Damages- rewarded for emotional and physical distress Contract clause- no state law may impair fulfillment of a contract Conversion-to take control of anothers property-theft destruction transfer Defamation- unprivileged, publication of, false and defamatory, statements concerning another Emotional Distress- only rewarded when something outrageous has occurred Ethics- the values and belief related to human conduct False Imprisonment-intentional confinement without consent Intent- having intent to cause consequence Invasion of Privacy- Intrusion of privacy?Public disclosure of private fact?False light publicity?Commercial use of ?name Libel- written or printed defamation Negligence- failure to use reasonable care Presumed Damages- compensation of presumed damages Private Nuisance- interference of enjoyment of their land Punitive damages- intended to punish the defendant Recklessness- knowing that there is substantial risk involved Slander-oral defamatory statements-committed crime-has disease-professional sexual misconduct Special Damages-awarded without actual reputation damage Strict Liability- without fault, still held liable Takings Clause- power to deprive one of their land through eminent domain-ultimate govt power Teleological- focus on consequences of a decision TORT- civil wrong not in breach of contract