Business Law Exam 1, Business Law Exam study Questions with Complete Solutions, Graded to Pass

Common Law - Rules are not written down. The Law used by the United States. Civil Law - The most common out of the System of Laws. Has specific rules and regulations and is more strucured. Used by 150 countries. Criminal Law (plaintiff v. defendant) - Where the plaintiff is the government and the defendent is the criminal. Civil Law (plaintiff v. defendant) - Where the plaintiff is the victim (normally wants money) and the defendant is the wrong doer. Burden of Proof (criminal case) - The burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. Burden of Proof (civil case) - The plaintiff has the burden of proving his case by a preponderance of the evidence. The scale only has to favor one side a little more than the other. Double Jeopardy - If new evidence comes up after being charged as not guilty, it doesn't matter, even if tried for something other than murder. However, it doesnt protect you from being prosicuted anothern sovereign. (the 5th amendment) ex. Casie Anderson was charged by Flordia as not guilty but the USA could charge her as guilty. Can someone who is found not guilty in a criminal court be sued in civil court? - Yes. (ex. OJ Simpson) Sources of Law - Constitutional, Legislation, Administrative Regulations, Executive Order, and Case Law (aka common law). Constitutional Law - State law and federal law. Legislation (statutory law) - Federal (passed by congress), State (passed by state legislator) , and Local. If the judiciary interprets the law a certain way, can the legislator "change" the law? - Yes. -If legislation conflicts with the constitution, which one controls? -Which branch of government makes this determination? -What famous U.S. Supreme Court case first stated these two ideas? - -The constitution. -The judicial branch. - Marbury v. Madison, 1803 Found in the code of federal regulations ("CRF") - Administrative Law Executive Orders - Issued by the president of the United States. (ex. Obama stopped the deportations of immigrants brought over as children.) Can executive orders be repealed by congress? - Yes. They have the power to repeal executive orders but its a lot of work. Based on the doctrine of "stare decisions. (let the decisions stand)" - Case law (common law). Does one state have to follow precedents in other states? - No. State courts and their right to interpret state law. - On matters of state law, the state's courts are supreme. A precedent can be overturned. - Stare decisis channels the law. Stare Decisis - Legal Precedent Defendant lawyer payment method - Hourly Plaintiff lawyer payment method - Contingency (paid only if they win the case, and then a % of the amount recovered.) Ways to reduce litigation - -use the "Canada" rule- no contingency fee. -the "loser pay" rule -Arkansas: breach of contract cases only -Discouraging frivolous lawsuits: "rule 11" Role of the Jury - rules on matters of fact Role of the Judge - rules on matter of law Trial Courts - orignal jurisdiction, judge, jury, witnesses Appellate Courts - between 3 and 9 judges. No witnesses, no jury, no new evidence. How are State judges chosen? - either elected or appointed How are Missouri plan judges chosen? - appointed, and then retained by vote How are Federal judges chosen? - appointed by president and confirmed by senate Jurisdiction - The power of a court to hear a (civil) case. Jurisdiction over the person - -defendant is a resident of the state in question. -if a non-resident, then the "long arm statue" might give jurisdiction. Jurisdiction over the person in cyberspace - basic rule: a business has established "minimum contacts" if they have a physical presence (store or office) in a state, or has targeted the market of a particular state. The structure of federal courts - -District Courts -Court of Appeals -U.S. Supreme Court