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Exam 1 Notes

1/9/2018 MGMT 455 TA for this class: Maddie Koenig

[email protected]

Maddie is in charge of taking attendance There will be assigned seats. If you need to sit in the first two or three rows, email [email protected] by noon on Thursday. 

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There is no required text. It is recommended though. Twomey & Jennings, Anderson’s Business Law and The Legal Environment, Comprehensive Custom 23rd Edition – selected chapters only. ISBN #9781337054256 – or any edition o An older version can be purchased for cheaper Attendance is mandatory. All of the tests that we will have are from lecture. 80 attendance points. 5 will be dropped Exams: there will be 2 one-hour, non-cumulative tests given during the semester. The exams will cover material from lectures only. The tests will be given during class time. Each one-hour test will be worth 100 points. All the tests will be true and false questions. There will be a final exam given during final’s week. This exam will include questions covering materials from the topics covered in lectures. Grades: A=90+, B=80+…. There WILL BE A CURVE. Based upon total points accumulated during the semester, in arriving at a letter grade for the class. How do I get a good grade in this class? o Get a book o Come to class o Take notes when in class o There are study guides for each exam on Blackboard o Take notes over his stories because they help you relate the information

1/11/2018 Outline: PUBLIC LAW VS. PRIVATE LAW CRIMINAL LAW PUNISHMENT VIOLENT CRIME COMPENSATION ACT LEGAL SYSTEM A. COMMON LAW B. DIFFERENCE BETWEEN LAW AND EQUITY C. TRIAL BY JURY JUROR QUALIFICATIONS JUROR EXEMPTIONS JUROR EXCLUSIONS

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Private Law: One would think that it is a law primarily focused on the relationship that one person has with another person. An example could be a divorce statue. Public Law: A law that will affect all of us collectively. Criminal Law: o Example- Gothard attacks a student in class named Dexter. The police show up and say “you again?”… he does this every semester 2 times because he has two classes. He would get arrested and hauled off.  Who is the victim? All of us are… not just the one student that he attacked. The charges filed against him would say, “his actions are against the peace and dignity of the state of Indiana.” o How would Gothard be punished for his actions?  Jail time/Prosecute  Probation  Therapy  Fined  Public announcement in newspaper  House arrest (what kind of punishment is that? You have your own bed, TV, food… that’s not really much of a punishment) Violent Crime Compensation Act o This material is on Blackboard- make sure to read it. o If you have been the victim of a violent crime o The violent crime compensation fund may allow Dexter the ability to recover some money.

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o Legal Requirements  The crime must be a felony or Class A Misdemeanor that results in bodily injury or death to the victim  The crime must have occurred in Indiana, or to a resident of Indiana in a location other than Indiana if that location does not have a similar violent Crime Victim Compensation Program o The victim of a violent crime can apply to the Indiana State Government in Indianapolis to get a sum of money from the pool of money called the violent crime compensation o A victim must have sustained a physical injury and incurred a minimum of $100 in out of pocket medical expenses for treatment of that injury o Examples of a violent crime include: assault, battery, child abuse, domestic violence, sexual assault, DWI, and homicide o Reimbursable expenses  A maximum award of up to $15,000 may be awarded for:  Reasonable out-patient services, including but not limited to: medical hospital, surgical, lab, x-ray, pharmacy, physical therapy, dental, optometry, and ambulance expenses incurred within 180 days of the date of the crime  This money is not taxpayer money! o Expenses that are not reimbursable  Property damage and replacement of property or cash  Moving, relocation or daily living expenses  Rent, utilities, food  Pain and suffering  Crime scene cleanup  Clothing  Medical expenses incurred for treatment of injuries that are not a direct result of the crime Legal System o Trial by jury  Around the world you go in front of a panel of judges who do the sentencing.  3 parts: juror qualifications, juror exemptions, juror exclusions  Juror qualifications  18 years of age  US citizen  If you can read and write/ understand the English language  Not under a criminal law sentence (in jail)  If you are not under a disability or impairment that would affect your ability to hear and try the case.  Need to be a resident of the county where you are being called to serve on a jury

For a federal jury, you have to be a resident of the district where the court is located. In Indiana we have two districts Juror Exemptions  An exemption is something that you are entitled to. Nobody can take it away from you  If you have served on a jury within the past year and you get called for another jury duty, you do not have to serve. You can pass. This is for a state of Indiana trial- not a federal case. (last 24 months for a federal case)  If it’s a federal case you have an exemption if you are 75 years or older or active in the military or have done jury duty in the last 24 months.  Deferral system: If you are called for jury duty next Tuesday and don’t qualify for an exemption, you may get a deferral. You may get a deferral if you can show it would be an undue hardship or an extreme inconvenience for you to serve or it is a necessity. o What is the difference between a Hardship, Extreme inconvenience, or a necessity Juror Exclusions  Maybe you can be excluded if you have formed an opinion about the case. If you have read the newspaper, or you know the victim, etc. you may be an impartial juror then you can be excused.  You cannot excuse yourself, someone else excuses you. 

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If you show up in court and say that you are a college student, you may or may not be excused depending on the judge; however, it is not considered a valid excuse. The judge in Tippecanoe county would tell you to come up with a better exc

Week 2 Notes MGMT 455 1/16/2018 Chapter 2

Courts A. Jurisdiction B. Venue Four Stages of a Lawsuit A. Pleadings B. Discovery and pre-trial C. Trial and appeal

D. Collection Summons A. Service by sheriff B. Service by mail C. Service by publication Subpoena Trial Appeal

Collection Collection Collection Collection Collection Collection 1. Garnishment of Wages-Lesser of: a. 25% of disposable earnings or b. Amount by which disposable earnings exceed 30 times the federal minimum hourly wage One at a time Child support takes precedence Indiana resident 2. Writ of execution to seize property a. Exemptions i. Tangible personal property ii. Intangible personal property iii. Retirement accounts iv. Family residence Positive efforts to collect 1. 2. 3. 4. 5.

Police reports Other lawyers Court employees Bank records-cancelled checks Public records a. Real estate b. Lawsuits 6. Tax returns 7. Ex-spouse 8. Financial statements 9. Corporation records 10. Neighbors

11. Private investigator

Final order in garnishment Plaintiff appears and makes proof of service of notice of hearing upon defendant, [Name of Defendant], and upon Garnishee-Defendant (hereinafter called “Employer”), [Name of Employer], and defendant did not appear. THE COURT NOW FINDS AND ORDERS: 1. That this order will take effect after all prior orders in garnishment have been satisfied, and that only one order in garnishment will be carried out by the Employer at one time. 2. That Employer withhold from the weekly earnings of defendant he following sums: a. Twenty-five percent (25%) of the disposable earnings for that week; or b. The amount by which the disposable earnings that week exceed thirty (30) times the Federal minimum hourly wage whichever is less. 3. That withholding of said amounts shall be continued until the following are fully paid. a. Total Judgement (including principle, interest, attorney fees and costs) b. Payments since judgement c. Costs since judgement%] since date of judgement) d. ½ of employer’s Compensation TOTAL 4. The Employer is ordered to pay the clerk of this court the withheld amounts every thirty (30) days. 5. The clerk of this court shall have a copy of this order served on the employer. The employer is hereby awarded compensation pursuant to I.C.

1. We can have courts of general jurisdiction or limited jurisdiction a. Limited might be- divorce court, small claims court, traffic court, juvenile, bankruptcy, criminal 2. State court or federal court a. Federal courts handle- bankruptcy, federal laws 3. In our county, we have a circuit court and 6 superior courts (handle different types of cases). If you’re not happy with what happens, you can go and appeal it. Generally you can only take an appeal if there was an error of law or a mistake. If you don’t like what happened there then you can get to the Indiana supreme court. a. If you are in federal court, you can go to the district court. There are 94 different federal district courts. If you don’t like what happens at the district court, you can go to the circuit court. Our region funnels into the US circuit court 7th district. Then you can go to the US supreme court circuit level. b. Very rarely can you transfer over to the US supreme court from ___

4. Venue- where is it most convenient to be? a. Say you are living at Purdue and you go to Indy and get in an accident with a driver from IU. This would be an example of venue, because it could be filed in 3 different places.

If you want to file a lawsuit… what would be the first thing you would do? You would file a complaint and say in there what happened. Now that you’ve got that document, you need to file it. You go into the clerk’s office and they stamp it. You also have to pay a filing fee with it. Then you have to get it served on the person you’re suing. You could serve it to them multiple ways: service by sheriff, service by mail, or service by publication. The first thing that the defendant has to do is within 20 days of receiving the document, they have to respond. They have to have an answer- they can deny what you said or throw in your defenses. Pleadings are filed (a complaint and an answer) Next we go into the discovery. Everyone is going to try to find out or discover the facts of what happened. You can get the depositions from the drivers (you ask them questions to get their story). Someone else’s lawyer might get your deposition. You could also do interrogatory (written questions to find out what happened). This discovery process can take a long time- even years. Example: riding bike, get hit by a car in the snow. You get a concussion and keep having headaches- maybe some type of traumatic brain injury. You file a lawsuit against the driver that hit you. You would go first to show your evidence that you found. Once you get all the facts, you go to trial. You decide if you want a jury trial. Everybody shows up and we pick a jury (20-30 people are mandated to go to court) The judge puts 6 or 12 people in the jury box and then they get asked questions. Real court is nothing like what you see on TV, but small claims court is like what you see on TV. The person who is suing would give all of their evidence first. Next week we will talk about burdens of proof. How much does the person have to prove it? The jury would talk about it and decide how much money they want to give. They write down the amount they want to grant the person and turn it in. How does that money get collected? Collections is a whole new aspect of problems in the litigation area. It takes about 18 months on average for something to get to the court of appeals. Might have to redo trial. Each party pays their own attorney fees. The defense has to pay their own attorney fees. The reason you need car insurance in Indiana is because if you get sued, the insurance company pays your lawyer. It is the law in Indiana to have car insurance. There are times when the other side might have to pay your attorney fees, is if you’ve contracted for it. If you read your lease for your apartment: if you don’t pay your rent and get kicked out and get taken to court, you may have it stated in your lease that they have to pay your attorney fees.

ADR- alternative dispute resolution. Before you go to court or file a complaint, you have at least got to try mediation. Mandatory mediation- we all get together with a 3rd party person to get things figured out. They can’t force a settlement. Arbitration- before you file a lawsuit… appoint an arbitrator. Binding arbitration- you might look through your lease and it might say that in the event of a dispute you have to get an arbitrator.

1/18/18 Criminal Law Overview Greg Loyd Truitt, Ray, Sharvelle, & Eberhardt LLP * [email protected] * 765-742-7040

Crimes, In General 1. Two Types of Crimes a. Misdemeanors i. A misdemeanor – theft ii. B misdemeanor – iii. C misdemeanor b. Felonies i. Level 1 ii. Level 2

iii. Level 3 2. Crimes are made-up of elements a. It is the state’s burden to prove each element beyond a reasonable doubt b. Innocent until proven guilty Range of Penalties Mens Rea 1. There are three types of mens rea that may apply in criminal cases: a. Intentionally – a person acts intentionally when it is their conscious objective to do so. A person engages in conduct intentionally if, when he engages in the conduct, it is his conscious objective to do so. i. Ex) There is a guy driving a car in Indianapolis. He’s at a dead stop at the corner of 1st and Main and he’s driving John Smith’s car. He sees his arch nemesis (Dan Jones) and decides to run him over. His goal was to run him down. b. Knowingly – a person engages in conduct “knowingly” if, when he engages in the conduct, he is aware of a high probability that he is doing so. i. Ex) There is a guy driving a car in Indianapolis. He’s at a dead stop at the corner of 1st and Main and he’s driving John Smith’s car. He sees his arch nemesis (Dan Jones) and decides to run him over. There is also a group of people nearby. He intentionally runs over his arch nemesis, but he does not intentionally run over the other people who were standing nearby. He was aware that he might run them over when he did so it was knowingly. c. Recklessly – a person engages in conduct “recklessly” if he engages in the conduct in plain, conscious, and unjustifiable disregard of the harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct. i. Ex) d. ** note that this list excludes negligently!! i. Ex) Our guy is driving back home from Indianapolis, going the speed limit, wearing a seatbelt. He is distracted about an exam coming up and he accidently runs a stop sign and hits a vehicle. He is not driving recklessly. He acted negligently though Battery 1. The elements of a battery: a. The defendant b. Knowingly or intentionally c. Touched another person in a rude, angry, or insolent manner d. That results in bodily injury to another person 2. The Charging Process a. Police respond to crime scene/ report of a crime

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b. Police investigate the alleged crime c. Police may arrest the suspect d. Police write a report e. Police send the report to the prosecutor’s office f. Prosecutor’s office reviews the case g. If prosecutor’s office files charges, then formal criminal case begins Probable Cause a. “Probable cause to initiate a criminal prosecution exists where facts found on a reasonable inquiry would induce a reasonably intelligent and prudent person to believe the accused has committed the crime.” Charging Decision Factors Grand Jury a. Alternatively, could use a grand jury to consider whether to issue an indictment b. A grand jury is an independent body charged with investigating facts to determine whether a crime was committed and, if so, whether an indictment should issue against someone for the crime(s) – NOT whether the individual is guilty/not guilty. c. If an indictment is issued, then the case proceeds as it would Why use a grand jury? a. Cases in which the evidence is uncertain b. Cases of community significance c. Empower citizenry Grand Jury Continued a. 6 grand jurors with 1 alternate b. “in session” for 6 months, but can extend at 3 month intervals for up to 2 years c. Can investigate more than 1 crime d. Grand jury is an active participant in the investigative process i. Subpoena witnesses/documents; question witnesses e. Proceedings are secret Agreed resolutions a. Plea agreement – contract between the state and the defendant and would require the person to plea guilty. b. Diversion – an agreement again between the state and the defendant and it would require the defendant to complete certain terms. c. Withheld prosecution – middle ground between a plea and a diversion. It is a contract between the state and the defendant where they would agree that the defendant has to do certain terms. The person would go into court and plea guilty but would not get a judgement conviction. The state would dismiss the case at a period of one year.

Trial 1. Bench trial vs. jury trial 2. Defendant’s rights:

a. b. c. d. e.

Presumed innocent To have counsel Remain silent Subpoena witnesses and present evidence See, hear, and cross examine witnesses

Expungement 1. Arrest records if no conviction: after 1 year (if qualify – see Indiana code 35-38-9-1) 2. Misdemeanor: 5 years after conviction Level 6 felony: 8 years a

Week 3 Notes MGMT 455 Announcement: on Thursday, there is going to be a video on Blackboard open from 10 am to 10 pm because there is no class. Today we are going to talk about Torts 

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Tort is a wrong that arises from a violation of a private duty – Civil Wrong o It is a private wrong where someone interferes with a person or their property rights o All of us sitting in this room today have the duty not to violate this private duty not to create a hazard. o Punishment- the consequence of violating this private duty is having to pay money. If someone is injured because you were careless or negligent, the way to compensate that is with money. o Beyond a reasonable doubt standard- no one is going to go to jail unless the prosecution can prove that they did it beyond a reasonable doubt. o Could something be both a crime and a tort? – yes, a DUI is a good example of this. You can get in trouble for driving drunk and go to jail and if you hit someone, they can sue you.  Other examples: battery Intentional – you had a private duty to somebody, but you had intent. There is more to it than being negligent. o Slander/Libel  You can’t go out and say what you want about somebody.  Ex) say your employee quits her job and you don’t like that she quit, and then asks for a reference and you say that she wasn’t a good employee and stole from you (lying). o Battery  Ex) OJ Simpson case. He was prosecuted for murder and then sued by the families.

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o Conversion – you are converting someone else’s property to your own. Stealing someone’s things and taking it to your house. Or someone might keep something of yours, so you could sue them to get it back. o False Imprisonment - if you go to Walmart and they detain you because they think you were stealing. People might sue Walmart if they weren’t stealing. o Intentional infliction of emotional distress – somebody is intentionally inflicting emotionally distress on you.  Ex) you go to work and people are talking about you or leaving notes about you. The employee who has been put under this stress might have to go to counseling. They might have a lawsuit against those employees and if they go to the employer and they do nothing about it, then they might sue them too. o Intentional interference wi...