Blaw Exam 1 Flashcards
Plaintiff
files suit
Defendant
is sued
Disparate Treatment
intentional discrimination
Disparate Impact
a neutral policy has a discriminatory affect
No hat policy in a store discriminates against people who wear hijabs
Title 7 of Civil Rights act
no business leader can discriminate against protected groups
must reasonably accommodate for religion, but only if it doesn’t negatively impact the compay
How do we utilize the law to add value to the company?
Companies whose top executives have legal knowledge have higher share prices
Strategic Noncompliance
thoughtfully consider a law and purposefully choose to not comply
At Will Employment
you can be fired anytime for any reason except for discriminatory reasons
When can you fire someone?
You can fire anyone at any time for any reason unless its discriminatory
Legal (Judicial) Opinions
Judge explains why they came to their decision
set precedents for future cases, effectively establishes the law in various capacities
IRAC: Issue
Blue
IRAC: Rule
red
IRAC: Analysis
analysis
IRAC: Conclusion
pink
IRAC: Facts
yellow
Right
capacity of a person, with the aid of the law, to require another person or persons to perform, or to refrain from performing, sacred
freedom of speech
freedom of religion
What does the law reflect?
Reflects social, economic, political, religious, moral philosophy of society
Duty
obligation the law imposes upon a person to perform, or to refrain from performing, a certain act
must pay taxes and go to jury duty
The Law is Prohibitory
Certain acts must not be committed
murder
The Law is Mandatory
Certains acts must be done
taxes
The Law is Permissive
Certain acts may be done
voting
What is the primary function of law?
provide security and stability
Dispute resolutions with societal remedies not private remedies
What is the secondary function of law?
protect private ownership and make voluntary agreements
Ability to own, possess, and transfer assets
What is the third function of law?
preserve government and state
Political action, rather than revolution, rebellion
What are the rules of law?
Laws that are made are generally and equally applicable
Law applies to lawmakers, as well as to the rest of society
Property
Legal right that allows you to exclude others from your resources, right to own
What is common property?
owned by more than 1 person (joint ownership)
What is Real Property?
real estate, land, anything permanently attached to land (trees, buildings), air rights
What is Intangible Property?
intellectual property (patents)
Laws and Morals
Law provides sanctions, morals do not
What is justice?
fair, equitable, and impartial treatment of competing interests of individual groups
not guaranteed by law
What is substantive law?
creates, defines, regulates legal rights and duties
What is procedural law?
set forth the rules enforcing rights that exist because of substantive law (how court works)
Public Law
deals with governments rights and powers and its relationships to individuals or groups
Private Law
deals with business
Civil Law
defines duties, the violation of which constitutes a wrong against the party injured by the violation
Private law
Must prove case by a preponderance of evidence (51%), lower standard of proof
Burden of proof on plaintiff
Purpose is to compensate injured party
Lawsuits are civil
Criminal Law
establishes duties, the violation of which is a wrong against whole community
Public law
Beyond a reasonable doubt (99%)
Purpose is to punish the wrongdoers
What is a tort?
civil wrong
What is a specific deterrent?
Someone does something, we want that specific person to be deterred from doing that again
What is a general deterrent?
Set a public precedent for everyone to know the punishment of a crime
Where do laws come from
legislation and precedents from other cases
Are federal laws higher than state laws?
Federal laws trump state laws
Weed legal in states, illegal at federal level
Government doesn’t enforce illegal weed at federal level, so states can make different laws
What is constitutional law?
Establishes government structure and allocates power among government levels, define political relationships
What is common law?
Case law, judge made law
Laws created through case precedents established
Courts can still correct erroneous decisions from the past
What use do judicial decisions have?
To determine with finality the case currently being decided
To indicate how the court will decide similar cases in the future
Common Law
From England
Rely on past precedent
Parties initiate and conduct litigation, not the court
Civil Law
Based on roman law
Relies on legislation
Inquisitorial system (Judiciary initiates litigations and investigates)
Only in Louisiana
One of the remedies for equity, Specific performance
perform aspect of contract
Seller backs out of a house sale after contract has been signed, ask judge for a specific performance
One of the remedies for equity, Injunction
required to act or refrain from acting
Ask judge to tell someone to refrain from doing an act
One of the remedies for equity, Reformation
change a contract due to a mutual mistake
One of the remedies for equity, Recission
invalidates a contract
Fraud victim entered a contract, judge orders to rescind from contract
Uniform Commercial Code (UCC)
statute covering things such as SALE OF GOODS, credit, bank transactions, conduct of business, warranties, negotiable instruments, loans secured by personal property, commercial matters
What is a treaty?
agreement between or among independent nations
US constitution authorizes the President to enters into treaties with the advice and consent of the Senate
Paris agreement
