MGMT-Ch.1-2 Lecture - Professor Jordan Atzeff PDF

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Professor Jordan Atzeff...

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PROCEDURAL DIFFERENCES BETWEEN AN ACTION AT LAW AND AN ACTION IN EQUITY

PROCEDURE

LAW

EQUITY

Initiation of lawsuit Parties Decision Result Remedy

Filing a Complaint Plaintiff/Defendant Judge or Jury Judgment Monetary damages

Filing a Petition Petitioner/Respondent Judge only Decree Injunction, Acct., Specific Performance, Recession, Reform.

COMMON LAW TRADITION ORIGINS OF THE COMMON LAW: The American legal system is based on the common law tradition, which originated in Medieval England. Following the conquest of England in 1066 by William the Conqueror, king’s courts established throughout England, and the common law was developed in these countries. LEGAL AND EQUITABLE REMEDIES: The distinction between remedies at law (money/items of value) and remedies in equity (specific performance, injunction, recession) originated in the early English courts of law and courts of equity. CASE PRECEDENTS/STARE DECISIS: In the king’s courts, judges attempted to make their decisions consistent with previous decisions, called precedents. This practice gave rise to the doctrine of Stare Decisis. This doctrine became a cornerstone of the common law tradition obligating judges to abide by precedents. STARE DECISIS AND LEGAL REASONING: Refers to the reasoning process used by judges in applying the law to the facts and issues of a case. LR involves becoming familiar with the key facts of a case, identifying the relevant legal rules, linking the rules to the facts and forming a conclusion. Linking rules to facts, judges use deductive reasoning, linear reasoning or reasoning by analogy.

SOURCES OF AMERICAN LAW CONSTITUTIONAL LAW: The law as expressed in the U.S. Constitution and the various state constitutions. The U.S. Constitution is the supreme law of the land. State constitutions are supreme within state borders to the extent that they do not violate a clause of the U.S. Constitution or a federal law. STATUTORY LAW: Laws (statutes and ordinances) created by federal, state and local legislatures and governing bodies. None of these laws may violate the U.S. Constitution or the relevant state constitution. Uniform laws, when adopted by a state, become statutory law in that state. ADMINISTRATIVE LAW: The rules, orders, and decisions of federal or state government administrative agencies. CASE LAW AND COMMON LAW DOCTRINES: Judge-made law, including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. The common law—the doctrines and principles embodied in case law—governs all areas not covered by statutory or administrative law. JURISDICTION PERSONAL/PROPERTY: Exists when a defendant or defendant’s property is located within the territorial boundaries within which a court has the right and power to decide cases. Jurisdiction may be exercised over out-of-state defendants under state long arm statutes. SUBJECT MATTER: Limits the court’s jurisdictional authority to particular types of cases. 1. Limited jurisdiction—Exists when a court is limited to a specific subject matter, such as probate or divorce. 2. General jurisdiction—Exists when a court can hear any kind of case. ORIGINAL: Exists with courts that have the authority to hear a case for the first time (trial courts). APPELLATE: Exists with courts of appeal and review; generally, appellate courts do not have original jurisdiction. FEDERAL: Arises in the following situations: 1. When a federal question is involved (when the plaintiff’s cause of action is based at least in part on the U.S. Constitution, a treaty, or a federal law). 2. In diversity-of-citizenship cases between citizens of different states when the amount in controversy exceeds $75,000. (Diversity jurisdiction also exists in

cases between a foreign country and citizens of a state or of different states and in cases between citizens of a state and citizens or subjects of a foreign country.) CONCURRENT: Exists when both federal and state courts have authority to hear the same case. EXCLUSIVE: Exists when only state courts or only federal courts have authority to hear a case. TYPES OF COURTS TRIAL COURTS: Trial courts are courts of original jurisdiction in which actions are initiated. 1. State courts—Courts of general jurisdiction can hear any case that has not been specifically designated for another court; courts of limited jurisdiction include domestic relations courts, probate courts, municipal courts, small claims courts, and others. 2. Federal courts—The federal district court is the equivalent of the state trial court. Federal courts of limited jurisdiction include the bankruptcy court and others shown in Exhibit 2-1. INTERMEDIATE APPELLATE COURTS: Courts of appeals are reviewing courts; generally, appellate courts do not have original jurisdiction. Many states have an intermediate appellate court; in the federal court system, the U.S. circuit courts of appeals are the intermediate appellate courts. SUPREME COURT: The highest state court is that state’s supreme court, although it may be called by some other name. Appeal from a state supreme court to the United States Supreme Court is only possible if a federal question is involved. The United States Supreme Court is the highest court in the federal court system and the final arbiter of the Constitution and federal law.

POSTTRIAL OPTIONS POSTTRIAL MOTIONS: 1. Motion for a new trial—If the judge is convinced that the jury was in error, the motion will be granted. 2. Motion for judgment n.o.v. (“notwithstanding the verdict”)—The party making the motion must have filed a motion for a directed verdict at the close of all the evidence during the trial; the motion for judgment n.o.v. will be granted if the judge is convinced that the jury was in error. TRIAL PROCEDURES OPENING STATEMENTS: Each party’s attorney is allowed to present an opening statement indicated what the attorney will attempt to prove during the course of the trial. EXAMINATION OF WITNESSES: 1. Plaintiff’s introduction and direct examination of witnesses, cross-examination by defendant’s attorney, possible redirect examination by plaintiff’s attorney, and possible recross-examination by defendant’s attorney. 2. Defendant’s introduction and direct examination of witnesses, cross-examination by plaintiff’s attorney, possible redirect examination by defendant’s attorney, and possible recross-examination by plaintiff’s attorney. 3. Possible rebuttal of defendant’s argument by plaintiff’s attorney, who presents more evidence. 4. Possible rejoined by defendant’s attorney to meet that evidence. CLOSING ARGUMENTS: Each party’s attorney argues in favor of a verdict for his or her client. JURY INSTRUCTIONS: The judge instructs the jury as to how the law applies to the issue. JURY VERDICT: The jury renders its verdict, thus brining the train to an end....