Business Law

• Primary sources of law are the actual law that can be violated and have weight/authority, while secondary sources like restatements of law provide scholarly thoughts but are not the law
• The 4th amendment relates to unlawful searches and seizures, such as the question of whether drawing blood from an unconscious body for DUI investigation is a violation
• When analyzing a legal problem, start by determining if state or federal law applies, as the problem itself will provide clues
• The three branches of government are the executive, legislative, and judicial branches, each with distinct roles in enforcing, writing, and interpreting laws
• Constitutions, statutes, rules/regulations, case law/judicial opinions, and decisions are primary sources of law that define legal rights and obligations
• State and federal versions of laws may run parallel or overlap, with the federal law prevailing in case of a direct conflict with state law
• In the legal system, substantive law defines, describes, regulates, and creates legal rights and obligations, while procedural law establishes the methods of enforcing these rights
• Civil law deals with the definition and enforcement of private or public rights, distinct from criminal matters, while cyber law pertains to legal issues related to the internet
• Legal remedies can be either monetary (legal remedies) or non-monetary (equitable remedies) like injunctions, cease and desist letters, specific performance decrees, or rescission of contracts
• In the legal system, civil cases focus on monetary issues without imprisonment, while criminal cases involve freedom and prosecution by the government, with guilt determined beyond a reasonable doubt
• Trial courts are where cases originate and facts are found, while appellate courts review questions of law rather than fact-finding, with the State Supreme Court being the final authority on state law matters
• State courts can hear questions of federal law, while federal courts do not hear questions of state law
• If a federal law is heard in a state court, the process goes through Trial court -> Appellate Court -> State Supreme Court -> US Supreme Court
• Jurisdiction is crucial in court cases, ensuring that the court has the authority to give a binding resolution
• Overarching Jurisdiction consists of two component parts:

  • Subject Matter Jurisdiction: whether the court has the power to hear, apply, and interpret relevant law
  • Jurisdiction over litigants: considering where people are from, including corporations based on where they started and their principal place of business
• Long-arm statutes in every state summarize into the minimum contact rule, where individuals must reasonably expect to be in court and follow the laws of that state
• Litigation involves three main stages: pretrial, trial, and posttrial, with pretrial being characterized by heavy paperwork
• Pleadings in pretrial include complaints, summons, and the answer, with the complaint kicking off the legal process
• Motions in court are requests to the judge to take action, and they can be oral or written
• Motions to Dismiss are common and aim to have the judge throw out the lawsuit based on specific grounds like no standing or failure to state a claim for relief
• Motion for Judgment seeks to determine liability, which is the core of the litigation process
• Motion for Judgment on Pleadings requests a judgment as a matter of law when there is no genuine issue of material fact
• Discovery is a crucial part of pretrial, where both sides exchange information under the judge's assigned time frame
• Jury selection involves voir dire, where potential jurors are questioned to eliminate bias and ensure a fair trial