Womack Report

February 12, 2007

Business Law, February 12

Filed under: Law,Notes,School — Phillip Womack @ 2:59 pm

Was late too class today. Don’t like that.Mostly reviewing for test on Wednesday.

Chapter 1 — Introduction to Law

Sources of Law

  • US Constitution
  • Federal Statute
  • State Constitution
  • State Statute
  • Administrative Statute
  • Court

Chapter 2 — Courts and ADR

  • Types of Courts
    • Federal Courts
      • Supreme Court
      • Appelate Courts
      • District Courts
    • State Courts
      • Supreme Court
      • Appelate Courts
      • District Courts
      • County/Specialty Courts
  • Types of ADR (Alternate Dispute Resolution)
    • Negotiation
    • Mediation
    • Arbitration

Chapter 3 — Court Procedures

  • Process of a lawsuit
    1. File Complaint (for law case) or Petition (for equity case)
    2. Service Defendant
    3. Defendant must answer complaint/petition
    4. Discovery — Interrogatories and Depositions
    5. ADR
    6. Trial
    7. Judgement
    8. Appeals
  • Know about motions for summary judgement

Chapter 4 — Constitutional Authority to Regulate Business

  • Commerce Clause
  • Bill of Rights
  • Freedom of Speech/Religion
  • Reasonable Accomodation

Chapter 5 — Not covered in this test

Most of test will be from Chapters 6 & 7

Chapter 6 — Intentional Torts

  • Basis of Tort Law
  • Intentional Torts against Property vs Intentional Torts against Persons
  • Know specific torts, and defenses against them
  • Assault vs. Battery — Fear vs. contact/harm
  • Negligence

Chapter 7 (Also Chapter 23)

  • Negligence — Know This Well!
  • Types of damages — Compensatory, Punitive, Nominal
  • Defenses to Negligence
  • Superceding Clause
  • Strict Liability — Liability regardless of fault
  • Comparative vs contributory negligence

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