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Breaches (break, or fails to perform contracts) to violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society Uniform laws model laws for the states to consider adopting Sources of American law or Primary sources of law The U.S. Constitution and the constitutions of the various states Statutory law laws passed by Congress, state legislatures, or local governing bodies Regulations created by administrative agencies Case law and common law doctrines judge made laws Secondary Sources of law are books and articles that summarize and clarify the primary sources of law Administrative Procedure Act Restatements of the Law summarizes the common law rules followed by most states *Restatement of what the law is on what the law should be U.S. Constitution is the supreme law of the land Under the common law, there are 2 types of remedies Courts of law or kings courts: (monetary relief; i.e. land, chattel, money) judges are appointed by king Courts of equity: (non-monetary relief) based on notions of justice and fair dealing CLEAR, CERTAIN, CONVINCING The remedies granted by the equity courts became known as remedies in equity Specific performance ordering a party to perform an agreement as promised Injuction ordering a party to cease engaging in a specific activity or to undo some wrong Rescission the cancellation of a contractual obligation Precedents - A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts Precedents and other forms of positive law are referred to as binding authority and must be followed In cases of first impression where there is NO precedent, the court may refer to positive law public policy and widely held social values in order to craft the best new precedent STARE DECISIS to stand on decided cases Adds predictability and stability to law and also increases efficiency The decisions made by a higher court are binding on lower courts A court should not overturn its own precedents unless there is a compelling reason to do so IRAC Issue what is the question to be resolved? Rule what law governs this matter? Application Apply the law to the facts Conclusion Decision or Verdict Forms of Legal Reasoning Deductive Reasoning make use of syllogism, a type of logical relationship involving a major premise and a minor premise Linear Reasoning Proceeds from point to point, with the final point being the conclusion Reasoning by Analogy Analysis that compares facts of present case with facts of similar previously decided cases Substantive vs. Procedural Law Substantive law consists of all laws that define, describe, regulate, and create legal rights and obligations Procedural law provides the steps one must follow in order to avail oneself of ones legal rights or enforce anothers legal obligations School of Thought Natural Law School there is a universal law applicable to all human beings Positivist School- centered on the assumption that there is no law higher than the laws created by the government Historical School stresses the evolutionary nature of law and looks to doctrines that have withstood the passage of time for guidance in shaping present laws Legal Realism advocates a less abstract and more realistic and pragmatic approach to the law and takes into account customary practices and the circumstances surrounding the particular transaction Civil law vs. Criminal Law *Ethics is HIGHER than Law *Law is always the minimal standard, ethics is the highest *American Law is based on English Law *One of the important functions of law is to provide: stability and predictability *the common law is called because it was more or less uniform throughout England *Administrative law is public law
Predatory Behavior actions undertaken w/ the intention of unlawfully driving competitors completely out of the market Permissible behavior or BONA FIDE COMPETITION is a defense to wrongful business interference Intentional Torts Against Property Trespass to land a person enters onto, above, or below the surface of anothers lan d without permission Defense against trespass Assist someone in danger A licensee Trespass to Personal Property a person wrongfully takes or harms the personal property of another Conversion the wrongful taking, using, or retaining possession of personal property that belongs to another (civil side of crimes related to theft) Disparagement of Property economically injurious falsehoods are made about anothers property rather than reputation Slander of Quality or Trade Libel publication of false information about anothers product, alleging that it is not what its seller claims Slander of Title when publication falsely denies or casts doubt on anothers legal ownership of prope rty Cyber Torts torts committed via Internet Defamation Online Immunity of Internet Service Providers Piercing the Veil of Anonymity (Fair Housing Council of San Fernando Valley v. Roommate.com, LLC )
*Intentional torts carry the possibility of punitive damages *Reasonable Person Standard how a reasonable person would have acted under the same circumstances *Moral pressure does not constitute false imprisonment
TRUE/FALSE
35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. The federal government derives its power to govern from the federal constitution . TRUE Criminal law is concerned with wrongs committed against the public as a whole : TRUE Federal court jurisdiction diversity of citizenship with more than $75,000 : TRUE Long arm statute is a state law that permits courts to obtain jurisdiction over non-resident defendants: TRUE Summary judgment will be granted when there are no genuine issues of fact : TRUE Discover involves the process of gathering evidence concerning the case: TRUE A particular court may have jurisdiction in a certain case but no venue : TRUE Congress issues legislative rules when it creates an administrative agency : TRUE The US Constitution provides the legal basis for administrative agencies : TRUE Notice and comment rulemaking is most common in administrative agencies: TRUE Subpeona duces tecum is an order to an individual to hand over certain records/books : TRUE The powers of administrative agency are generally delegated by Congress: FALSE Courts do not depart from precedents: FALSE An order to a specific person to do or to refrain from doing a particular act is an order of rescission: FALSE US District Courts have appellate jurisdiction in federal matters: FALSE Venue is concerned with whether a court has authority over specific subject matter: FALSE Federal government retains all powers not specifically delegated to the states: FALSE Terms procedural due process and substantive due process are used interchangeably: FALSE Administrative rules are not binding as the laws that Congress makes: FALSE