Business Law

Student k0018598

Class notes 9/14/10

• Law = Rules to function
  
• the opposite of Law is Anarchy
  
• Law gives security and dampens wrong doing do to consequences
  
• Who enforces laws? Self, external i.e. Police agencies and courts
  
• Litigation is the worst
  solution to a problem
  
  • The $ costs are high
    
  • emotionally draining
    

 

Alternatives to litigation

• A.D.R = Alternative Dispute Resolution It is the preferred solution
  

  There are three main alternatives
  

1. Negotiate (self)
   
2. Mediation = use mediator ; trained guidance ; not binding
   
3. Arbitration= Informal court setting using an arbitrator (like a judge) or an expert in the field. It can be binding or non-binding depending on your previous agreement, however non-binding arbitration can proceed to court.
   

 

9/21/10

• π the pi symbol is short hand for Plaintiff
  
• Δ delta is short hand for Defendant
  
• American law evolved from old English law also known as "Common law" which is taken from old judges decisions , which became precedent
  
• STARE DECISIS is Latin for " let the decisions stand"
  
• Precedents now come from appellate courts or higher
  
• An exception is Louisiana does not use Common law they use the Napoleonic code
  
• Statues do not come from common law. The come from legislative body's i.e. congress
  
• Statues are more Black and White than common law which has room for interpretation or "grey areas"
  

1. States or the US gov't makes statues
   
2. Ordinances are from County's and Townships
   

 

• The U.S. Constitution is the principle law. ALL laws must comply with it. It TRUMPs IE the Supremacy Clause Article VI, Section 1, Clause 2.
  

"

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

"

 

• Causes of action need a law to be broken to challenge it to determine Constitutionality
  

U.S. constitution

1. Federal Statues and Administrative rules " Broad"
   
2. Federal Rules and Regulations
   
3. State Constitution(s)
   
4. State Statues
   
5. State Rules and Regulations
   
6. Local County and township ordinances
   

 

The Checks and Balances of Govt.

The executive branch enforces the law

The legislature makes the law

The judicial branch determines Constitutionality

 

Federal Court System

 

 

U.S. Supreme Court

V

U.S. Court of Appeals

V

Trial Courts

V V V V

US dist court, is the principal court Admin ct , Maritime, Bankruptcy, tax

 

The US Supreme Court has 9 justices

Uses the rule of" 4" i.e. if 4 justices want to hear a case they do

 

 

State courts

7 justices uses the rule of 3

State of Michigan Supreme Court

V

Michigan court of Appeals

One court Several locations

V

Trial Courts

V V V V

Circuit Court District Court part of the district court is small claims Probate

>25000 <25000 <3000 dollars