LGS - 1 24 18 - Lecture notes 2 PDF

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Summary

Cheshire - Legal Environment of Business...

Description

Legal Terms ● ● ● ● ●

Plaintiff - person that files a lawsuit Defendant - person being sued Remedy - given to a party to enforce a right or compensate for violation of a right ○ “No remedy, no right” Legal remedies - ex) failure to pay for goods pursuant to a contract ○ Usually, suing for money damages Equitable remedies - enforce an action or prevent an action ○ ex) injunction (suing to stop an action)

Classifications of Law ●

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Civil Law - rights and duties that exist b/w persons and b/w persons and their gov ○ primary remedy in compensation ○ brought in the name of a person Criminal Law - wrongs committed against society for which society demands redress ○ goal is deterrence ○ brought in the name of the State Interaction of criminal and civil laws ex) assault, murder, robbery Statutes of Limitation - time period w/i which to file a lawsuit ○ Criminal - 3 yrs ○ Misdemeanor - 12 months ○ Civil - 2-10 yrs (Depends on crime) Substantive Law - laws that dictate behavior Procedural Law - more specific; about the process of law tells you how to file lawsuits, paperwork needed, etc.

Finding the Laws ●

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Statutes ○ 1. US Code ○ 2. Code of Fed Regulations ○ 3. Alabama Code ○ 4. City municipal ordinances Case Law ○ 1. Reporter system - ex) Southern Reporter ○ 2. Fed Dist Courts - trial court opinions ex) supp reporter ○ 3. Unpublished orders - ex) state trial courts

Case Titles and Terminology ● ●

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Trial court - ex) Adams v. Jones In some appellate courts - ex) Jones v. Adams (where Jones is appealing decision of trial court) ○ Appellant - person who is appealing; Appellee is opposite side Judges and Justices - designations given to judges; justice - usually given to judges in

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higher courts (state/federal supreme courts) Opinions - Unanimous, Majority, Concurring (agree to court ruling, but for a different/additional reason), Dissenting (doesn’t agree w/ court ruling), Per curiam (nobody wants to put their name on their decision, usually in controversial cases)...