Untitled

• "Law" is defined as enforceable rules.
• Law provides stability, continuity, and predictability.
• Black letter law describes clear, well-settled legal principles established by courts.
• Critical thinking and legal reasoning skills are important in law.
• Civil law aims to provide compensation for damages/losses.
• Intellectual property includes trademarks, copyrights, and patents.
• The constitution is the supreme law of the land.
• State constitutions exist as sources of law.
• The Bill of Rights, a series of Amendments to the Constitution adopted in 1789, provides protections for individuals and "legal persons" from federal government interference.
• The First Amendment guarantees freedoms of religion, speech, press, and the right to assemble peaceably.
• The Second Amendment protects the right to keep and bear arms.
• The Fourth Amendment prohibits unreasonable searches and seizures of persons or property.
• The Fifth Amendment prohibits compulsory self-incrimination/double jeopardy.
• The Sixth Amendment guarantees the accused in criminal cases the right to a speedy and public trial by an impartial jury, as well as the right to cross-examine witnesses
• The Seventh Amendment guarantees the right to trial by jury.
• The Fourteenth Amendment guarantees equal protection under the law.
• The Supreme Court has 9 members.
• The Supreme Court ensures equal justice under the law.

Supremacy Clause and Federal Preemption

• A direct conflict between federal and state law renders the state law invalid.
• When the U.S. Congress acts exclusively in a concurrent area, federal law/regulation will preempt (prevent) state/local law or regulation and take precedence.
• American Law has various sources that may be constitutional law, statutory law, administrative law and case law.
• Statutory law includes uniform laws.
• The Uniform Commercial Code (ARTICLE 2) is an example of statutory law.
• Administrative law is overseen by entities such as the SEC.
• Case law consists of court decisions.

England and the Common Law

• American colonial heritage is rooted in English Common Law, incorporating traditions, social customs, rules, and cases.
• English Common Law dates back to the 1066 A.D. Battle of Hastings, where French-Normans led by William the Conqueror defeated the English King Harold and the Saxons.
• "King's Courts" established by William the Conqueror applied a uniform set of customs and general rules throughout the kingdom.

Common Law Tradition

• It comprised of 2 separate law court systems: courts of law (remedy) and courts of equity (non-monetary relief).

Remedies of Equity

• Courts can offer specific performance, injunctions, and recission.
• Specific Performance: courts can order arena gives exactly what the buyer wants.
• Injunction: court orders a party to stop an action such as intellectual property infringement; restraining order.
• Recission: going back to original contract, cancelling a contract obligation.
• Courts can give remedies such as compensatory damages (money or item of value) or equitable relief.

Stare Decisis

• Stare Decisis is judge-made law; courts and judges should honor "precedent"—prior decisions, rulings, and opinions.
• Stare Decisis adds stability and predictability to the law.
• Stare Decisis serves as a binding guide for future cases.
• A state or federal court decision shall not be overturned unless there is a compelling reason, as exemplified in Roe v Wade.
• "First impression" cases allow court refer to public policy.

Legal Reasoning Process

• Isolate key facts and issues.
• Determine what rules of law govern the matter.
• Apply the rules of law to the particular facts and issues.
• Reach a business decision based on that.

Classifications that apply to law

• Substantive law: provides employees with the right to workers' compensation benefits for on-the-job injuries.
• Procedural law: establishes the method for an employee to notify the employer and prove the on-the-job injury.
• Civil law: spells out the rights and duties between persons and between persons and their government; OJ Simpson trial (tort/Wrongful Death).
• Criminal law: concerns wrongs against society and the ‘public as a whole'; criminal acts are prosecuted by public officials, such as a district attorney, and not by victims or third parties; OJ Simpson trial (crime/Murder).
• CyberLaw: the legal framework that governs activities and transactions conducted online or through digital technologies.
• Primary sources of US law are Statutory and Administrative law.

Ethics in Business

• Ethics is the study of right or wrong behavior
• Importance of ethical business practices: considering short-term profit vs. long-term and potential damage to the company's reputation
• Ethics are sourced by: Family, teachers, and religion.

Making Ethical Business Decisions

• Evaluate legal implications, public relations impact (including social media), safety risks for consumers and employees, and financial implications.
• Relationship of laws and ethics: compliance with the law= “moral minimum”

Rise of Corporate Social Responsibility

• Those who manage corporations should be responsible for their actions (good citizens).
• "Codes of Conduct” includes a set of rules which is commonly written for employees of a company, which protects the business and informs the employees of the company's expectations

Courts and Alternative Dispute Resolution

• Marbury v. Madison (1803): first Supreme Court case that established judicial review
• Indian removal act happened during the tenth year of Andrew Jackson

Lawsuit Requirements

• Before a lawsuit can be brought before a court, three requirements must be met: Jurisdiction, Venue, and Standing to sue
• Jurisdiction: "Juris" (law) “diction” (to speak) is the power of a court to hear a dispute and to "speak the law” into a controversy and render a verdict that is legally binding on the parties to the dispute.
• Jurisdiction over the person: Gives a court the power to force the parties to appear in court and respond to the complaint; failure to appear can result in a default judgment.
• Jurisdiction over property: Gives the court jurisdiction over property within its geographical borders; Rem gives the court the power to decide, whether it's personal or tangible/intangible.
• Jurisdiction over an out-of-state person: “Long-arm” statutes are used to obtain jurisdiction for non-resident parties; must satisfy “minimum contacts”; The party you're seeking must also have property/business in the state that you're suing them in. California plaintiffs have the ability to get Arizona assets if they don't show up.
• Jurisdiction over the subject matter: U.S. bankruptcy courts are handled by federal law; Probate courts are state courts.
• Original jurisdiction: Lowest court - Trial Court (starting point); 4 federal district courts in California (2 in Santa Ana).
• Appellate jurisdiction: California court of appeals, or U.S federal court of appeal for the Ninth Circuit; have power to hear an appeal from a court trial decision
• Jurisdiction of the U.S Federal courts: Article III of the U.S. Constitution.
• "Diversity of Citizenship” cases require the parties to be residents of different states, the controversy must be greater than $75, and the Corporation = state that it is in or it headquarters.
• Exclusive jurisdiction: Federal and state courts have exclusive jurisdiction over certain cases.
• Concurrent jurisdiction: booth state and federal have the ability to hear and adjudicate a case

Jurisdiction of Courts in Cyberspace

• Decided through the Sliding Scale Standard.
• Consider: Did they conduct substantial business over the internet? Do they engage in activity over the internet with a third party? Is the defendant engaged in ‘passive' advertising through the website?

International Jurisdictional Issues

• Gucci America, Inc. v. Wang Huoqing (2011): U.S. federal district court in Northern California exercised jurisdiction in a trademark infringement case against a Chinese national.
• Wang advertised and sold “counterfeit" goods over the internet and made one internet sale to an underover investigator in California.
• Wang never showed up in Court so Gucci got a default judgement.

Venue

• Venue is concerned with the most appropriate location for the trial; generally where the injury or wrong occurred.

Standing to Sue

• The company must have “standing” to bring a lawsuit
• The party must have a sufficient “stake” (reason) in the controversy.
• There Must be a “justiciable controversy”.

Trial Courts

• General Jurisdiction and Limited Jurisdiction
• Appellate: affirm, reverse, remand
• U.S. Supreme Court= 9 justices.
• ADR Alternative dispute resolution: resolve disputes, may be less expensive/more efficient

Alternative dispute resolution methods

• Negotiation: is an informal, unstructured process where parties, sometimes without attorneys, resolve differences through preparation, strategy, and evidence to reach a mutually agreeable settlement.
• Mediation: oldest forms of ADR, neutral third-party mediator facilitates discussions between disputing parties, often encouraging compromise to reach a settlement.
• advantages: few procedural rules, parties select the mediator, Antagonistic behavior.
• disadvantages: Mediator can only help parties reach a settlement, mediator can't impose a deadline
• Arbitration: Written into the contract; Formal ADR process; A neutral arbitrator, appointed per an agreement arbitration provision, hears the case with subject-matter expertise and renders a legally binding decision.
• Arbitration Clause: shall be resolved by a single arbitrator through the American Arbitration Association under its commercial rules in Orange County, CA. Court: Award shall remain confidential unless required by law.
• the FAA does not dictate arbitration procedures but enforces arbitration agreements and awards. Courts must uphold arbitrators' decisions without second-guessing.
• The arbitration process begins with the Claimant filing a petition against the Respondent, after which a case manager helps select an arbitrator. The arbitrator holds a preliminary scheduling hearing, followed by a full hearing where both parties present evidence. Finally, the arbitrator issues a decision/award, which can be enforced by a court if necessary.
• Mandatory employment and health care arbitration clauses are generally enforceable.
• Class-action waivers in arbitration agreements are debated but upheld by the U.S. Supreme Court.
• Courts rarely vacate (set aside) an arbitrator's decision; findings and conclusions are final.
• Arbitration agreements limit court interference, even if errors exist.
• Courts may set aside an award only if: Arbitrator showed bias/corruption, Key evidence was ignored, A major conflict of interest was undisclosed, or Arbitrator's misconduct harmed a party's rights.
• Pro se: person is representing themselves in court

Court Procedures

• 'adversarial system of justice': Lawyer/advocate uses the clients Facts toward the judge or jury to convince them that the clients' facts are correct.
• Lawsuits include a Pretrial, Trial and Post trial.
• Attorneys compensation includes Contingency fee arrangement, hourly fee and Monthly retainer fee.
• Best way to find an attorney by reference, not from a billboard.
• In pre-trial phase, pleadings and motions are important.
• Plaintiffs complaint creates a cause of action.
• Service of process: personal or via email.
• Defendant's answer can include: Affirmative defense and counterclaims; pretrial motions.
• Typical complaint is a negligence case.
• If a person is injured in an accident, they will file a lawsuit against a person or entity alleging that the other party was negligent and failed to exercise care.

Litigation Stages in Pretrial

• Depositions, written interrogations, requests for documents, or Electronic discovery.
• Metadata: what will happen is emails can leave info left behind tracing back to the identifiers.
• Affidavits (sworn statements by parties or witnesses given written testimony).
• "Hearsay evidence” is generally not admissible at trial.
• Litigation stages in Trial include right to trial by jury.
• At the Trial phase is jury selection.

At Trial

• Trials can be with or without a jury.
• Voir Dire: Attorneys ask questions to uncover possible juror bias; either attorney can challenge a juror and request them not to be sworn in as a juror.
• At Trial includes an adversarial process, opening arguments by attorneys, plaintiffs case presented, and defendants case presented.
• Direct testimony from plaintiff witnesses.
• Standard of Proof: “Preponderance of the Evidence” in civil cases is much less strict than criminal cases which is “Guilt Beyond a Reasonable Doubt") standard
• Verdict/Judgment/Award

Post-Trial

• Parties file brief pointing out legal “reversible error” by the court.
• Appellate review: Courts don't consider new information; rule strictly on the recorded information

Post-Trial: Enforcing Judgement in Civil Cases

• Plaintiff looks to see if the defendant has sufficient assets before the suit is filed.
• Writ of Execution: directs sheriff to seize the defendant's non-exempt property and sell them to pay for the judgement.
• Defendant will file for BANKRUPTCY.

Tort Law

• Tort = Wrongs or Compensation
• Tort is designed to compensate those who have suffered loss or injury due to someone else's wrong
• Remedies are made for violation of protected interests such as physical safety.
• Compensatory damages reimburse plaintiffs for actual loss.
• Special Damages: quantifiable losses which is calculated damages property.
• General Damages: non-monetary losses- such as loss of companionship or consortium, loss of reputation, disfigurement
• Punitive Damages: are designed to punish wrongdoers and deter others from similar conduct.
• Two types of torts: Intentional and Unintentional.
• Intentional act that causes another person to be apprehensive of immediate harm.
• Battery: Only comes with action; if someone followed through and hit someone.

Types of Torts

• False imprisonment: somebody restricts ability to move without approval/justification.
• Infliction of emotional distress: Conduct resulting in emotional distress.
• Defamation: refrain from false statements; must have proof requirements.
• Slander: Verbally said something not true, plaintiff must prove special damages.
• Libel: written statement; plaintiff doesn't have to prove actual injury.
• Defense includes Truth is an absolute defense; privilege; actual malice.
• Invasion of Privacy: A person has the right to solitude and freedom from prying public eyes; appropriation of identity; right of publicity.
• Fraudent Misrepresentation: Tortfessor leads another to believe in a condition that is different from the condition that actually exists.
• Wrongful death; wrongful interference with a contractual or business relationship.
• Intentional Torts against property such as trespass.

Unintentional Torts

• Unintentional tort of negligence that occurs when someone suffers injury because of another's failure to live up to a required duty of care; didn't wish to bring about an accident.
• Evaluate: Did the defendentent owe a duty of care to the plaintiff? Was there Breach? Was the action Proximate Cause of plaintiffs injury?

Negligence

• Individuals must exercise reasonable care standard in their actions.
• Negligence Cases: The level of care required varies based on factors like the defendant's occupation and relationship with the plaintiff..
• Landowners/Landlords: Must exercise reasonable care to protect visitors from harm .
• Retailers/Storekeepers: Must warn customers of foreseeable risks Professionals: Owe a higher duty of care due to their specialized knowledge; breach known as professional malpractice. Causation in Negligence Cases must have causation and proximate cause, and must be foreseeable.
• Legal Protections: Good Samaritan Statutes protect individuals help others being sued;
• "Dram Shop" & Social Host Liability: Can be held liable if they serve alcohol to intoxicated person later causes harm.

Negligence Claims

• Assumption of Risk: A plaintiff who is aware of a risk and voluntarily participates in the activity cannot claim negligence.
• Contributory Negligence: plaintiff is even slightly negligent, they cannot recover damages from the defendant.
• Comparative Negligence: The fault is divided between the plaintiff and defendant, and damages are assigned accordingly
• Strict Liability: A legal doctrine where a person is held responsible for harm caused by activities, without fault.

Key Areas of Strict Liability are Abnormally Dangerous Activities

• Such as blasting operations.

Keeping Animals

• Owners of wild animals are strictly liable for any harm caused.
• • Domestic animal owners are liable if they knew/should have known the animal was dangerous; can also apply to Product Liability applies to manufacturers.
• Product Liability is based on negligence or misrepresentation.

Manufacturer's Duties of Care

• Product Design, Material Selection and process and Inspections, including warnings and instructions.

Legal Considerations in Product Liability

• Privity of Contract Not Required: Parties can sue manufacturers without a agreement.
• Misrepresentation: fraud
• Example include: consumer sues a tire blowout

Strict Product Liability is Based on public policy

• Strict Product Liability protects consumers from unsafe products and ensures manufactures can't mislead consumers.

Requirements for strict Product Liability

• Product was defective when sold, Defect made the product unreasonably dangerous, the Plaintiff suffered some harm due to product, and the product wasn't significantly damaged.
• Types of Product Defects, when a product departs from its design can be a manufacturing defect, or it can have a design defect, or inadequate warnings.
• Product is inherently unsafe due design
• If a plaintiff can prove alternative was available Additional Considerations in Product Liability.
• When multiple manufacturers produce similar harmful products, each can be held liable based on market share.

Bystanders

• When multiple manufacturers produce similar products, each is liable.
• Component part supplies can be held liable
• Preemption by Government Regulation and Limitations.

Defenses Against Product Liability Claims

• Claims such as consumers use products incorrectly, or if responsibility should the plaintiff be the at cause, or if there are Commonly Known Dangers, is a knowledgeable user present, and statutes of limitations and repose may be taken into consideration.