BBA 261*301
Courtney Chaffin
Chapter 1: Civil Law & Common Law Traditions
Law is essentially the best and what people feel is the most ethical at the time. Law evolves and changes
over time because of the opinions changed.
Frist constitutional Law: laws based on the constitution. Bill of Rights.
Case Law: court cases, court of appeal, supreme court. Render a final ruling.
Statues: state and federal levels that passes. Senate and Representatives that pass. They start off as bills
then passed by chambers with majority votes, then signed in by the governor or the president.
Rules and Regulations: laws that are passed by administrative bodies. Based on other laws that
interpret other laws as an extension.
Local Ordinances: County or city level laws.
Not codify: Not written down and not enforced. Central to your own self. Moral based.
Chapter 3: The Court System
Jurisdiction: The courts power to hear and decide a case. Set by constitution, state, and country
jurisdiction. Must have personal and subject matter jurisdiction to hear a case.
Personal Jurisdiction: the ability to choose a case based on parties.
Subject Matter: have the ability to choose a case based on subject, topic, or specific issue. Litigant of the
issue or topic
Original Jurisdiction: That court can hear the case for the first time.
Pellet Jurisdiction: Court has the ability to hear the court on appeal.
United States Supreme Court: the ability to have Original and Pellet Jurisdiction
Federal Government Supreme Court: highest court in the US.
District and Trial Court: local court with original jurisdiction
Pellet Court: Pellet Jurisdiction from appeal
Supreme Court of State: case if you are not satisfied with Pellet Court Case
Small Claims Court: dispute over 2,500$ or less and you do not need to have attorney.
Chapter 4: Ethics and Its Impact on law and Government
Ethics: branch of philosophy that concerns itself with the study of morality. Right, Wrong, Just, Unjust
Ethical Rules of Professions: professions have ethics that if you break laws, you can have your ability to
practice taken away.
Contracts. Employee and Employment Rights. Accommodations. Accessibility. Gender and Race
Promotion.
Every decision needs to be debated with Why am I making this decision and is it ethical.
Environment Ethics: environmental regulations and rules.
Liability for Negligence: harmful to others. Knowing it’s not the safest but it makes the most money.
Taxes: everyone pays taxes. Do not get around the tax system. Legal consequences for breaking tax
system.
Everyday decisions. Word and actions that can hurt others. Those are ethical decisions.
Stand up for what is right. Even if you are in the minority. Respectful, kind, and courteous way.
Chapter 2: Constitutional Law
Constitution was ratified in 1787 and has 27 amendments. The first 10 amendments are the Bill of
Rights. Federalists and anti-federalists. Federalists that wanted a strong central government. They were
over all the states because at the time the states ran how they wanted with their own rules and
currency. They were like little separate countries inside a country. Anti-federalists believed that
individuals should be able to make their own decisions and do not want the government involved.
1st: freedom of religion, speech, press, and assembly
2nd: right to bear arms.
3rd: illegal search and seizure
5th: protects against double jeopardy.
6th: speedy trail
7th: grants trial by impartial jury
8th: protects against excessive bail.
10th: power not delegated by the US Constitution is specifically a power of the states.
Constitution and Constitutional Rights re only protects you from the government. Private Companies
and Employees do not have to follow these Laws.
Article 6 is the supremacy clause. The superior law and trumps all other laws.
Federal Law trumps state law in the case they conflict but if they coincide then they can both be upheld.
Chapter 5: Administrative Law (Agencies)
Congress has the power to regulate any matter that does with interstate commerce. Travel. Trade. This
is by the Commerce Clause.
Congress will create an administrative agency which will be a group of people that are experts in that
topic. Drafting the rules and regulations that govern the topic. Once they are complied with then they
are to be followed as a law.
Examples: federal trade commission, social security administration, department homeland security,
environment protection agency.
Administrative Procedure Act: sets forth all the steps the agency must follow from beginning to end.
Comment Period for asking questions. Rules and Regulations are edited. Publication. Answer questions.
Executive Administrative Agencies: assist executive branch or the president and carry out his or her
responsibilities.
Independent Administrative Agencies: helps congress carry out responsibilities and roles.
Chapter 6: Criminal Law
Purposes of the Criminal Justice System:
-
Retribution: punishment for committing the crime.
Incapacitation: trying to get the person off the streets. No longer a danger
Deterrence: putting them in prison. Deterring from committing the crimes. As an example, for
others
Rehabilitation: opportunity of taking program to help them become better members of society.
Self Help Program. Educational. Drug Related.
Making victims whole: seeks to take care of victim of the crime.
Prosecutor: attorney for the government. Burden of proof
Two elements of the Prosecution:
Actus Rais: guilty act
Mends Raya: intent of crime. Not an accident
Both must present at the same time. If they are, they can be committed of a crime.
You do not have to act if you see a crime but if you do, then you can be held criminally liable. You could
have a legal duty depending on your job.
Strict Liability Crimes: the intent of the crime is not relevant. You do not evaluate the intent. You only
look at the Actus Rais. Examples are DUIs.
Chapter 7: Intentional Torts
Criminal Law: punishing the wrong doer.
Civil Law: compensating the victim on his or her loss.
4 categories under Civil Law:
Contracts
Property Law
Family Law
Torts: wrongful act leading to civil or legal liability. Slip and Fall. Medical Malpractice Case. Catch all for
legal requirements.
To prove a Tort:
Duty: you do not have a general duty to help someone. No legal obligation.
Special Relationship: If you have a relationship.
Legal Duty: If your career has a legal duty.
Your action causes the Injury.
Breech: You breeched the duty. You broke the rules of the Duties mentioned above.
Causation: Prove that your actions caused them to be injured
Harm: That there was injury or damage from your action
Intentional Torts: intentional action. You may not have meant to injure. Battery, Assault, false
imprisonment, fraud, trespass. Torts against people and torts against property.
You can be held criminally liable or civilly liable or both.
Chapter 8: Negligence & Strict Liability
Negligence: acts that were not intention. The person did not act as they should have in the situation
then it is considered Negligence.
Strict Liability: Whether the dangerous act caused the injury and if it did whether the plaintiff was
actually injured for the anger of the act.
Under the Tort Law, we are liable to help care for someone under our own carelessness. We do not have
a duty when someone is injured by another, but we are if it was done by us.
Deals with injuries that was unintentional.
Duty to be careful in our actions to not injure others.
Breech is what someone would do in the circumstance. Based on how the average person should act.
If they can prove all 4 of the Tort requirements, then they can file for negligence.
Contributory Negligence: if the plaintiff is responsible for any or all of their injury than the defendant
will not be held accountable.
Comparative Negligence: percentage of fault. Giving people how much percentage of fault for the
defendant and plaintiff. A defendant is only responsible for the percentage that you are proven.
Assumption of the Risk: Plaintiff you knew what you were doing. You knew the implications of the
activity. No one gets held accountable.
Strict Liability: very dangerous acts or products. Hold manufacturer liable for the act. Cut corners.
Only proving causation and injury.
Hold higher risk companies to a higher liability. Amusement parks. Animals.
Example: Ownership of the Wild Animals. Own a zoo or owning a business where you can interact with
wild animals. If they get loose or injury, you will be held accountable if they are injured by your wild
animal.
Contracts
Contract: An agreement between two or more parties that is enforceable in courts.
Types of Contracts:
1. Express: whose terms the parties have agreed on had been laid out either orally or written
down. All of the specifics are known to both parties.
2. Implied: terms and conditions might not be as clear unless you are a party of the contract. To an
outside party, these terms are not as clear.
Implied Contract: is a legally binding obligation that is derives from the actions, conduct,
or circumstances of the parties.
3. Bilateral: looking at the parties. Both parties exchange promises to perform in some way. A
promise in exchange for another promise.
4. Unilateral: promises someone to pay for someone doing something.
5. Simple: orally or in writing. This can be implied by the parties. No formalities to be followed.
6. Formal: that specifically all the outlines all of the duties and obligations that is singed by both
parties and typically has a seal.
Elements of a Contract: * need all elements*
1. Offer:
a. Clear and Undeniable promise
b. Communicated to the other party.
2. Acceptance: can be given any time before offer is revoked or expires. If no time limit is
specified, offer expires after a reasonable amount of time.
a. Clear and Undeniable assent to the terms
-Mirror Image Rule: any material deviation for the terms = rejection. Must be acceptance of
100% of the offer. If you try to change, then that becomes a counteroffer which can then be
accepted or denied.
-Mailbox Rule: if you accept via email, mail, or phone. When you say you accept, it is taken
at that time. When it is said over the phone, when the text is sent, or when it is put in the
mail.
-Acceptance of Unilateral Contract: the acceptance is real when you take substantial steps
towards the task.
3. Consideration: Something of legal value given or received as an inducement to enter into a
contract. Most common = Money. No relief from bad bargains.
a. Bargained for exchange.
b. Something of legal value or legal detriment to receiver.
4. Capacity:
5. Genuine Assent: