exam 1
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BUSINESS LAW
RAYMOND J. RAUSCH
INTRODUCTION TO LAW
I. SOURCES OF LAW
A. CONSTITUTIONS
B. STATUTES AND ORDINANCES
C. CASE LAW
JUSTICE POWELL
D. ADMINISTRATIVE AGENCY REG E. COMMON LAW
II. COMMERCIAL LAW A. INTRODUCTION B. NATIONAL CONFERENCE C. UNIFORM COMMERCIAL CODE
INTRODUCTION TO LAW
SOURCES OF LAW
III. CLASSIFICATIONS OF LAW
A. SUBSTANTIVE vs. PROCEDURAL
B. PUBLIC vs. PRIVATE
C. CIVIL vs. CRIMINAL
D. REMEDIES IN LAW
AND EQUITY
INTRODUCTION TO LAW
COURTS & PROCEDURES
I. JURISDICTION AND VENUE
A. SUBJECT MATTER
B. PERSONAL OR PROPERTY
C. ORIGINAL/APPEALS
D. VENUE
II. STATE COURT SYSTEM
A. INFERIOR TRIAL COURTS
B. GENERAL TRIAL COURTS
C. APPELLATE COURTS
D. SUPREME COURT
COURTS & PROCEDURES
III. FEDERAL COURT SYSTEM
A. JURISDICTION
1. FEDERAL QUESTION
2. DIVERSITY OF
CITIZENSHIP
COURTS & PROCEDURES
B. TYPES OF COURTS
1. SPECIALIZED COURTS
2. DISTRICT COURTS
3. APPELLATE COURTS
4. U.S. SUPREME COURT
COURTS & PROCEDURES
FEDERAL COURT SYSTEM
IV. JUDICIAL PROCEDURE A. SUMMONS AND COMPLAINT
B. SERVE SUMMONS & COMPLAINT
C. DEFENDANT’S RESPONSE 1. ANSWER
2. COUNTERCLAIM
3. CROSS COMPLAINT
4. AFFIRMATIVE DEFENSE
COURTS & PROCEDURES
D. PRETRIAL HEARING
1. TRY TO SETTLE
2. SCHEDULING ORDER
E. MOTIONS
1. MOTION TO DISMISS
2. SUMMARY JUDGMENT MOTION
COURTS & PROCEDURES
JUDICIAL PROCEDURE
F. DISCOVERY
1. DEPOSITIONS
2. INTERROGATORIES
3. DEMAND TO PRODUCE
DOCUMENTS
4. REQUESTS FOR ADMISSION
COURTS & PROCEDURES
JUDICIAL PROCEDURE
G. TRIAL
1. OPENING STATEMENT
2. PLAINTIFF’S CASE
3. MOTION FOR A DIRECTED
VERDICT
4. DEFENDANT’S CASE
5. REBUTTAL
COURTS & PROCEDURES
JUDICIAL PROCEDURE
6. REJOINDER
7. CLOSING AGRUMENTS
8. DECISION
9. MOTIONS FOR A NEW TRIAL
10. APPEAL
COURTS & PROCEDURES
JUDICIAL PROCEDURE
TORTS
I. ELEMENT
A. INJURY
1. INJURY TO PERSON
2. INJURY TO PROPERTY
B. CAUSATION
1. FACTUAL CAUSATION
2. PROXIMATE CAUSATION
C. BREACH OF A DUTY OF CARE1. IS THERE A DUTY OF
CARE?
2. WAS THERE A BREACH OF
THAT DUTY?
TORTS
ELEMENT
II. KINDS OF TORTS
A. INTENTIONAL TORTS
1. INTENTIONAL TORTS
AGAINST PERSONS
a. BATTERY
b. ASSAULT
c. FRAUD
TORTS
d. DEFAMATION OF
CHARACTER
i. SLANDER
ii. LIBEL
e. DISPARAGEMENT
KINDS OF TORTS
TORTS
2. INTENTIONAL TORTSAGAINST PROPERTY
a. TRESPASS TO LANDb. TRESPASS TO
PERSONAL PROPERTYc. CONVERSION
d. NUISANCE
TORTS
KINDS OF TORTS
3. BUSINESS TORTS
a. COPYRIGHT OR
TRADEMARK
INFRINGEMENT
b. INTERFERENCE
WITH CONTRACTUAL
RELATIONS
TORTS
KINDS OF TORTS
B. NEGLIGENCE
1. TEST FOR NEGLIGENCE
2. JOINT AND SEVERAL
LIABILITY
3. CONTRIBUTORY
NEGLIGENCE
TORTS
KINDS OF TORTS
4. COMPARATIVE NEGLIGENCEa. PLAINTIFF’S AWARD IS
REDUCED BY THE
PLAINTIFF’S PERCENT
OF NEGLIGENCE
b. TO WIN ANYTHING, THE
PLAINTIFF’S PERCENT
OF NEGLIGENCE MUST BE
EQUAL TO OR LESS THAN
THE DEFENDANT’S
TORTS
KINDS OF TORTS
c. PLAINTIFF - STUDENT
d. DEFENDANT’S
i. MANUFACTURER
ii. CONTRACTOR
iii. FRATERNITY
iv. FOUNDATION
TORTS
KINDS OF TORTS
5. MEMBERS
a. LIVED IN HOUSE - AT PARTY
b. LIVED IN HOUSE - NOT
AT PARTY
c. DID NOT LIVE IN HOUSE - AT
PARTY
d. DID NOT LIVE IN HOUSE -
NOT AT PARTY
TORTS
KINDS OF TORTS
PLAINTIFF:STUDENT 34%
DEFENDANT’S: 1. MANUFACTURER 27% 2. CONTRACTOR 12% 3. FRATERNITY 10% 4. FOUNDATION 5% 5. MEMBERS -
A. 4%B. 4%C. 4%D. 0%
TORTS
PLAINTIFF:PASSENGER
DEFENDANTS: A. TRUCK DRIVER B. DRIVER OF CAR C. GENERAL MOTORS
TORTS
PLAINTIFF:PASSENGER 24.1%
DEFENDANTS: A. TRUCK DRIVER 11.4% B. DRIVER OF CAR 40.6% C. GENERAL MOTORS 23.9%
TORTS
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
49% DEFENDANT A: 51%
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
Example 1: TORTS
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
49% DEFENDANT A: 51%
$ 510.00
Example 1: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
50% DEFENDANT A: 50%
Example 2: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
50% DEFENDANT A: 50%
Example 2: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE? $ 500.00
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
51% DEFENDANT A: 49%
Example 3: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
51% DEFENDANT A: 49%
Example 3: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE? $ 0.00
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
20% DEFENDANT A: 40%
DEFENDANT B: 40%
Example 4: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
20% DEFENDANT A: 40%
DEFENDANT B: 40%
Example 4: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE? $ 800.00
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
30% DEFENDANT A: 30%
DEFENDANT B: 40%
Example 5: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
30% DEFENDANT A: 30%
DEFENDANT B: 40%
Example 5: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE? $ 700.00
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
20% DEFENDANT A: 10%
DEFENDANT B: 70%
Example 6: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
20% DEFENDANT A: 10%
DEFENDANT B: 70%
Example 6: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE? $ 800.00
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
10% DEFENDANT A: 20%
DEFENDANT B: 70%
Example 7: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE?
DAMAGES ARE FOUND TO BE $1,000
PLAINTIFF’S DEFENDANT’S
NEGLIGENCE NEGLIGENCE
10% DEFENDANT A: 20%
DEFENDANT B: 70%
Example 7: TORTS
HOW MUCH MONEY DOES THE
PLAINTIFF RECEIVE? $ 900.00
C. STRICT LIABILITY
1. USE OF HIGH EXPLOSIVES
2. WILD ANIMALS
3. PRODUCT LIABILITY
TORTS
KINDS OF TORTS
CONTRACTS
I. DEFINITION
II. TYPES OF CONTRACTS
A. EXPRESS vs. IMPLIED
B. BILATERAL vs. UNILATERAL
C. FORMAL vs. INFORMAL
D. QUASI-CONTRACTS
E. EXECUTED vs. EXECUTORY
F. VALID, VOID, VOIDABLE &
UNENFORCEABLE
G. STANDARDIZED CONTRACTS
CONTRACTS
TYPES OF CONTRACTS
AGREEMENT: OFFER
I. ELEMENTS - OFFER
A. INTENTION
B. DEFINITENESS
C. COMMUNICATION
CONTRACTS
II. TERMINATION OF THE OFFER
A. BY OPERATION OF LAW
1. LAPSE OF TIME
2. DISTRUCTION OF THE
SUBJECT MATTER
3. DEATH OR INCOMPETENCE
CONTRACTS
B. BY ACTION OF THE PARTIES
1. REVOCATION a. OPTION CONTRACTS
b. FIRM OFFERS, PERSONALPROPERTY, UCC
c. UNILATERIAL CONTRACTS
2. REJECTION
3. COUNTER OFFER
CONTRACTS
TERMINATION OF THE OFFER
AGREEMENT: ACCEPTANCE
I. GENERAL
A. UNEQUIVOCAL
B. SILENCE AS ACCEPTANCE
CONTRACTS
C. WHEN DOES AN ACCEPTANCE BECOME EFFECTIVE?
1. IF A SPECIAL MEANS OF COMMUNICATION IS SPECIFIED
2. IF NO SPECIAL MEANS OF COMMUNICATION IS SPECIFIED;
OTHERWISE, EFFECTIVE UPON RECEIPT IF SPECIFIED IN OFFER.
EXCEPTION: Where there is a rejection followed by an acceptance.
CONTRACTS
GENERAL
CONSIDERATION
I. REQUIREMENTS
A. MUST BE LEGALLY SUFFICIENT
B. ADEQUACY OF CONSIDERATION
SUBJECTIVE; SMALL AMOUNT
$1.00.
CONTRACTS
II. CONSIDERATION NOT PRESENT
A. PAST CONSIDERATION
B. PERFORMING A PRE-EXISTING
DUTY
CONTRACTS
III. PROMISES ENFORCEABLE WITHOUT CONSIDERATIONA. PROMISSORY ESTOPPEL: When
the person making the promise can
reasonably expect the other person
to rely on it and the only way to avoid
injustice is to enforce the contract.
B. QUASI CONTRACT
C. CHARITABLE SUBSCRIPTIONS
CONTRACTS
EXAM GRADES100 -1 68- 998 - 0 65- 695- 0 63- 6 C- 93- 6 60- 990- 6 A 58- 4 D+88- 5 A- 55- 4 D85- 6 53- 4 D- 83- 8 B+ 50- 0 F 80- 4 48- 2 78- 10 45- 175- 9 B- 43- 1 73- 9 40- 070- 7 38- 0
35- 0 33- 0