...Phoenix Bus. - 415 Business Law SB09BSB10 Mr. Mark Oertel October 13, 2010 State of Confusion Paper This paper will attempt to analyze the case which has been brought upon the State of Confusion by Tanya Trucker, who has a trucking company that she owns in the State of Denial. According to the scenario, “The state of Confusion has enacted a statute requiring all trucks and towing trailers that uses its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion” (University of Phoenix, 2010). In order for Tanya Trucker to operate her trucking businesses, she would have to buy the hitches in Confusion were they are manufactured by only one manufacturer; in order to go through this one state, or go around the State of Confusion. Even though Tanya Trucker knows that interstate trucking is a huge and profitable business, and could possibly inflict an economic hardship not just on her company in Denial, but on many others trucking companies that want to go though the State of Confusion, but can’t because the manufacture of the (B-Type) truck hitch is only located in the state of Confusion. Therefore, Tanya Trucker has decided to file a lawsuit against the State of Confusion. She feels that the statue is unconstitutional, and may cause problems not just for her living in Denial, but for other out of state truck drivers as well. With Tanya Trucker living in the State of Denial, she could file her law-suit in Federal Court...
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...Business law Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. duty an obligation of law imposed on a person to perform or refrain from performing a certain act. equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. precedent a decision of a court that stands as the law for a particular problem in the future. private law the rules and regulations parties agree to as part of their contractual relationships. procedural law the law that must be followed in enforcing rights and liabilities. right legal capacity to require another person to perform or refrain from an action. right of privacy...
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...GLOSSARY OF LEGAL TERMS TEST Refer to and study the Glossary of Legal Terms in your Mock Trial materials. (Developed and shared by Karen Purdy, Mock Trial Teacher Coach, Idabel High School) TEST 1 acquit action adjudicate adversary system affidavit allegation answer appeal appellant appellate court appellee TEST 2 arraignment attorney at law attorney of record autopsy bail bailiff burden of proof case chambers civil law closing argument TEST 3 complaint conviction coroner counsel court crime criminal action criminal law cross examination damages default TEST 4 defendant demurrer direct examination due process of law evidence exhibit Federal Rules of Evidence felony indictment information injunction TEST 5 invoke the rule judgment N.O.V. judge judgment jurisdiction jury (grand) jury (petit) jury trial law litigant litigation TEST 6 misdemeanor motion in limine oath objection opening statement opinion\opinion parties plaintiff plea pleadings prosecution TEST 7 public trial recross examination redirect examination remand reverse sentence session speedy trial statute subpoena summons TEST 8 sustain term testimony transcript trial verdict voir dire witness witness examination wrongful death MOCK TRIAL VOCABULARY TEST 1 Name______________________________ Date_________________ Period________ Directions: In the space provided, write the letter which represents the definition that best matches each numbered term. _____ 1. acquit _____ 2. action _____ 3. adjudicate _____...
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...ideal methodology for resolving a business dispute can be a challenge for business. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. As the number of court cases filed grows each year and the cost of litigation increases. More organizations are looking for efficient ways to settle business disputes. Many forms of traditional litigation exist in the legal system; the forms exist in the context of suit, answer, discovery, trial or jury. In addition a variety exist in the non-traditional Alternative Dispute Resolution (ADR) aspect of the legal system, the nontraditional or Alternative Dispute Resolution (ADR) aspect of the legal system forms exist in the context of as mediation, arbitration, conciliation, mini-trial, and negotiation. After reading this paper one will find a comparison and a contrast of the traditional litigation system with the non-traditional forms of Alternative Dispute Resolution (ADR). This paper will also examine the risks that businesses and other organizations encounter when dealing with traditional litigation and where might an ADR be a more appropriate measure in order for business managers to reduce those risks. Traditional litigation is the process of bringing, maintaining, and defending a lawsuit in a Court of Law (Cheeseman, 2010). Litigation is a formal process requiring one party to initiate litigation by filing pleading with the court. A pleading is a formal written statement filed...
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...far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of a college degree. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.' (Emphasis supplied) Regrettably, however, there seems to be no jurisprudence as to what constitutes practice of law as a legal qualification to an...
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...Business I. Explaining how and why fraud invalidates a contract. A. There are certain grounds under which a compromise and settlement agreement can be invalidated. If a settlement agreement fails to establish certain elements like offer, acceptance and consideration, it can be invalidated. Similarly, a settlement agreement can be invalidated due to: * Fraud * Nondisclosure as fraud * Duress * Illegality * Mistake * Undue influence A compromise induced by fraud can be invalidated. In approving a proposed settlement agreement, a court must determine that the agreement is not the outcome of fraud. Fraud exists if all of the following elements are present: * An untrue representation of fact knowingly by a party * Making such representation recklessly * Making untrue representation to deceive the other party and to induce him/her to act upon the same. Similarly, an unintentional nondisclosure without an intention to deceive will not constitute fraud. However, a compromise can be invalidated for fraud if one party deliberately conceals facts with the intent to induce the action of other party. The duty of disclosure is more comprehensive when there is a fiduciary relationship between the parties to the compromise. At the same time, it cannot be presumed that the elements of fraud exist only because of the existence of a fiduciary relationship. Likewise, a person who makes a compromise as a result of duress invalidates the...
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...police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters may retrieve dogs from posted property. 4) UCC Article 9- a secured party has the right to proceed to self help repossession default without regard to common law ownership. 5) Right of repossession of chattels may be exercised w/o recourse to courts...
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...ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER 3. Special Proceedings – remedy by which a party seeks to establish a status, a right, or a particular fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature ORDINARY ACTION Governed by rules. CIVIL ordinary SPECIAL CIVIL ACTION Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71). Special features not found in ordinary civil actions. RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of...
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...Sussex County Community College Business Law I Chapter 3 Litigation and Alternative Dispute Resolution We're the jury, dread our fury! William S. Gilbert I. Teacher to Student Dialogue The pictures painted of trials and courtrooms by modern television shows and movies are decidedly unrealistic. How trial attorneys would love to have a spotlight glow brighter and brighter on them as they stand giving an impassioned closing argument, while the rest of the room sits in darkness, like Paul Newman had in The Verdict. Many accept the view in the jury deliberations room in Twelve Angry Men as common, and forget that the classic Anatomy of a Murder showed how many hours attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is...
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...Know the branches of Gov. Legislative – article 1 of the constitution * Statute, ordinance, anything in law is legislative. Article 2 – executive * President, vice president cabinet Judicial article 3 * Interpret the law * Judicial review * determining the constitutionality of laws 4th area of law is – administrative law * Law made by administrative agencies, fda sec irs. Created by congress to inact more laws History of our court system * Our law basically originated from England * Appointed judges in each village, when judge made a ruling he was told to tell other judges in nearby villages to determine a common hearing. * Staredecisis – “let the decision stand” the beginning of…PRECEDENT which means that court must rule as prior case * At first courts were called courts at law or kings courts * When you sue you were asking for a monetary remedy ‘something to fix the damage’ basically property * Common Law is Case Law* * Courts of equity – developed because monetary remedy didn’t work, basically when a property wouldn’t be enough for retribution for crime. She gave example of person’s view outside of their house being taken away by a person’s new home. They wanted an “Injuction” which is a form of equitable remedy. Court order for someone to not do something or force you to do something. * “specific performance – Contract remedy under court of equity . * Recission – another...
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...Critical Legal Thinking Case Rubric Excellent | Good | Average | Needs Improvement | Recognize the applicable areas of law | 12.5 - 11.25 points Correctly states each area of applicable law. | 11.24 - 10.0 points Correctly states all but one area of applicable law. | 9.99 - 8.75 points Correctly states most of the areas of applicable law. | 8.74 - 0 points Misstates the areas of applicable law. | Identify the applicable principles of law | 25 - 22.5 points Correctly states each element or principle of law. | 22.4 - 20.0 points Correctly states most of the elements or principles of law. | 19.9 - 17.5 points Correctly states some of the elements or principles of law. | 17.4 - 0 points Correctly states only a few of the element or principle of law. | Identify the key facts | 25 - 22.5 points Correctly identifies each of the key facts. | 22.4 - 20.0 points Correctly identifies most of the key facts. | 19.9 - 17.5 points Correctly identifies some of the key facts. | 17.4 - 0 points Correctly identifies only a few of the key facts. | Apply the law to the facts to resolve the issue | 25 - 22.5 points States a decision that resolves the issue, supported by application of the elements or principles of law to the facts. | 22.4 - 20.0 points States a decision that resolves the issue, but fails to fully support it by application of the elements or principles of law to the facts. | 19.9 - 17.5 points States a decision that resolves the issue, but fails to support...
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...Week 1 Study Guide: Legal Forms of Business and Alternative Dispute Resolution Readings and Key Terms Ch. 3 of Business Law Pleadings Discovery Settlement conference Trial Rebuttal Rejoinder Appeal Alternative dispute resolution Arbirtration clause Federal Arbitration Act E-courts and E-dispute resolution Ch. 34 Entrepreneurship Sole proprietorship General partnership Limited partnership Limited liability partnership Limited liability company Corporation Ch. 35 Limited partnerships Special partnerships General partners Limited partners Revised Uniform Limited Partnership Act (RULPA) Ch. 36 * Corporation Articles of incorporation Corporation types Common stock Preferred stock Debt securities Debt instruments Dissolution Ch. 39 Limited liability company Limited liability company dissolution Limited liability partnership * Ch. 40 Franchise Distributorship franchise Processing plant franchise Processing plant franchise Area franchise Content Overview Judicial, alternative, and e-dispute resolution Pretrial litigation process Pleadings * Party who sues files complaint * Based on complaint summons is issued * Answer is provided by person being sued * Cross-complaint can be filed by person sued in which case a reply must be sent by the original party * Discovery * Deposition is taken, which is oral testimony given prior to the trial * Interrogatories...
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...becoming a member at L.A. Fitness, Mr. Hussein signed a fitness service agreement and release of liability form. Mr. Hussein filed suit against L.A. Fitness in 2010. The circuit court granted L.A. Fitness’ motion to dismiss the pleading as factually insufficient and allowed Hussein to replead. L.A. Fitness is a privately owned corporation which was under no obligation by law to accept Mr. Hussein as a member. Issues 1. Is Mr. Hussein’s negligence suit regarding serious personal injuries he suffered while using exercise equipment at a fitness club barred, under Minnesota law, by an exculpatory clause in his contract with the fitness club? Holding and Rule 1. Yes. Mr. Hussein doesn’t present much of a case. The law dictates that the courts reject Mr. Hussein’s lawsuit. Hussein’s complaint was dismissed pursuant to section 2-619 of the Code of Civil Procedure, which govern the involuntary dismissal of a complaint based on certain defects, defenses, or other affirmative matters. When joining L.A. Fitness Club, Mr. Hussein signed a service agreement which included the release of liability. L.A. Fitness is a private organization that was under no obligation or legal duty to accept Hussein as a member. Mr. Hussein agreed to the clubs terms and voluntarily applied for...
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...Week 1 Study Guide: Legal Forms of Business and Alternative Dispute Resolution Readings and Key Terms • Ch. 3 of Business Law o Pleadings o Discovery o Settlement conference o Trial o Rebuttal o Rejoinder o Appeal o Alternative dispute resolution o Arbirtration clause o Federal Arbitration Act o E-courts and E-dispute resolution • Ch. 34 o Entrepreneurship o Sole proprietorship o General partnership o Limited partnership o Limited liability partnership o Limited liability company o Corporation • Ch. 35 o Limited partnerships o Special partnerships o General partners o Limited partners o Revised Uniform Limited Partnership Act (RULPA) • Ch. 36 o Corporation o Articles of incorporation o Corporation types o Common stock o Preferred stock o Debt securities o Debt instruments o Dissolution • Ch. 39 o Limited liability company o Limited liability company dissolution o Limited liability partnership • Ch. 40 o Franchise o Distributorship franchise o Processing plant franchise o Processing plant franchise o Area franchise Content Overview • Judicial, alternative, and e-dispute resolution o Pretrial litigation process • Pleadings o Party who sues files complaint o Based on complaint summons is...
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...Legal System and ADR Analysis Business Law LAW 531 Robert Reimer February 3, 2014 TO: Robert Reimer FROM: DATE: February 3, 2014 SUBJECT: The Legal System and ADR Analysis The legal system it a vital part of protecting and defending corporations, as well as, handling business efficiently and effectively when problems arise. Sometimes every dispute can not be handled by simple discussion and have to be taken to a more formal setting in front of a judge. However, not all cases get resolved through the court system, which can lead to a non-preferred result. It is best to use other methods of resolution which is known as alternative dispute resolution (ADR). This can provide assistance for less formal cases that do not want to go through the whole grueling litigation process. A business is a major responsibility and in order for success there has to be organizational goals in place to ensure it is headed in the right direction. Most businesses are customer driven and their primary focuses are financial performance and customer satisfaction. When owning a business, there are several disagreements that can occur in regards to money or individual rights. I have been tasked with describing a state level business dispute that goes through a litigation process and uses an ADR instead of going to trial. Business State Level Dispute There are two best friends that decide to form a general partnership by co owning a flower shop. One friend works 20 hours a week while...
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