Business Law, LEB 323, 320F. Syllabus readings in-class exercises class participation Discussion powerpoint exam. This week : 7/2 : Intro to course and trial procedure 7/3am : Common law and statutes/EXERCISE 7/3pm : Constitutional and International law. Business Law, LEB 323, 320F.
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7/2: Intro to course and trial procedure
7/3am: Common law and statutes/EXERCISE
7/3pm: Constitutional and International law
What is law?
How does the legal system resolve disputes?
Rules statutes, common law, regulations
Is contract valid? Is this pollution illegal? Is this agreement criminal?
Understand how courts analyze these questions.
Puerto Rico is part of Circuit 1
Virgin Islands are part of Circuit 3
D.C. CircuitWashington, D.C.
Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.)
Federal CircuitWashington, D.C.
District courts within each circuit.
State court systems mirror, or parallel, federal system.
State Supreme Court
State intermediate Federal Circuit Court appellate court of Appeals
State Trial Court Federal District Court
(state law matters (federal law matters)
Tension between desire to :
Save time and cost of litigation,
Preserve business relationship, and
Protect your rights
Are there ways to avoid the expense and trouble of litigation?
What is “ADR”?
In what ways can businesses resolve disputes (even legal disputes) without resort to litigation?
1. Complaint --
Short, plain statement of the allegations and the legal claims.
This is “served” or delivered with a summons.
2a. Answer --
A brief reply to the allegations.
2b. Counter-Claim: If the accused party thinks the accusing party has contributed to the problem or has wronged them, they may file a second suit, in reverse of the first.
2c. Affirmative Defenses: reasons why defendant isn’t liable
Reply: Filed by plaintiff, responding to defendant’s counterclaims or affirmative defenses in defendant’s answer
Example: Suit vs. sports bar for injuries sustained during bar-sponsored game of “human darts”
Lists a motion to dismiss on the pleadings as anAFFIRMATIVE DEFENSE
14. The Defendants aver that the Plaintiff has failed to state a cause of action upon which relief can be granted. The Defendants deny the Plaintiff is entitled to recover any sum from them as damages.
Also lists other AFFIRMATIVE DEFENSES
15. It is averred that if there was some negligence on the part of the Defendants . . .
16. The Defendants aver that Plaintiff's negligence was equal to or greater than the alleged negligence of the Defendants and the Plaintiff therefore cannot recover.
Discovery allows both sides to uncover evidence, encouraging a settlement without trial or ensuring few surprises during a trial.
Process called voir dire
If both sides agree, they may waive their right to a jury.
1. Questioning --
Each potential juror is questioned, to uncover biases.
2. Challenges for Cause --
Each side can claim any juror shows significant bias.
3. Peremptory Challenges --
Each lawyer can dismiss a limited number of jurors without stating a reason.
4. Jury Chosen --
12 jurors and 2 alternates