LGST Chapter 1

Flagello vs pennsylvania hospital

"Stare decisis channels the law. It erects lighthouses and [flies] the signals of safety...but the principle of stare decisis does not demand that we follow precedents which shipwreck justice." lated to the original reason for Flagiello's admission to the hospital. Flagiellow a patient at Pennsylvania Hospital sued the Hospital, claiming it was negligent in maintaining certain conditions on hospital property that resulted in her injuring her ankle. The ankle injury was unrea

Kauffman-Harmon v. Kauffman 36 P. 3d 408 (Sup. Ct., Mont. 2001)

"The doctrine of clean hands provides that parties must not expect relief in equity unless they come into court with clean hands."

Categories of Law

Broad categories based on classifications related to a particular legal function or a right afforded by law Helpful in understanding "big picture" of our legal system

Stare decisis

Common law also includes the application of past judicial decisions to contemporary cases. The doctrine of stare decisis, one of the most important concepts in American Law, is the principle that similar cases with similar facts and issues should have the same judicial outcome. The notion of applying the law of previous cases to current cases with substantially similar circumstances is called precedent. Precedent is created when an appellate court renders a decision, known as the holding of the case, absent a controlling statute. Flagiello vs Pennsylvania Hospital 208

Clean Hands Doctrines

Courts are guided in their decisions not only by the letter of the law, but also on the basis that one seeking the aid of a court must come to the court with clean hands that are unstained by bad faith, misrepresentations, or deceit.

Constitutional Law

Establishes important legal principles Not designed to specifically resolve every legal issue or case May require "interpretation" by courts Exists at state and federal levels

Law serves, and provides

Law serves as an important catalyst for commerce by promoting good faith dealing among merchants and consumers. Law also provides some degree of reliability that can be considered in business planning and commercial transactions.

Case Precedent

Once an appellate court has decided a particular case, the decision becomes a case precedent. Precedent is usually only binding within the jurisdiction of the court setting the precedent.

Private laws

Private laws are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.

Law

The generic definition of Law is a body of rules of action or conduct prescribed by controlling authority and having legal binding force. The common characteristics of state law is that it creates duties, obligations and rights that reflect affected views of a given society.

Equity Aids the Vigilante

The law favors those who exercise vigilance in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time.

Jurisprudence

is roughly defined as the science and philosophy of law. This is important because Judges use it.

Equitable remedies

or relief generally includes an injunction or restraining order (a judicial order requiring a party to cease a certain activity, or perhaps to take a specific action).

Learning Objectives

1-1 Understand the broad definition and origins of law. 1-2 List and explain the purposes of law. 1-3 Explain the importance and benefits of legal awareness for business owners and managers in creating strategy and adding value to a company.

Learning objectives

1-4 Articulate the role of counsel in legal decision making in a business context. 1-5 Recognize, explain, and give examples of sources of American law. 1-6 Understand the legal doctrine of stare decisis.

Learning objectives

1-7 Classify the law into several broad categories. 1-8 Differentiate between the concepts of law and equity. 1-9 Identify and apply important equitable maxims.

Administrative Law

Administrative law is the source of law that authorizes the exercise of authority by executive branch agencies and independent government agencies. Federal administrative law is largely authorized by statutes and the Constitution, and rules for applying the law are articulated and carried out by administrative agencies. Pursuant to congressional mandates these agencies empowered to administer the details of federal statutes and have broad powers to impose regulations, make policy, and enforce the law in their designated area of Jurisdiction. Also known as " Regulations

Advantages of Stare decisis

Allows individuals and business to have some degree of confidence that the law will remain reasonably consistent Requires all lower courts, such as a trial court, to follow the case precedent so that any similar case would be decided according to the precedent

Role of councel

Attorneys, particularly in a business context, may also be referred to as councesl. Business owners and managers work with counsel in one of two formats. For larger compaies or companies that have extraordinary regulatory burdens ( such as complying with securities or patent laws) counsel may very well be part of the executive midlevel management team. These attorneys are reffered to as in house-counsel and usually have the title "general counsel"Thes often results in reduced costs and limtations of risk and liability.

Restatements of Law

Collections of uniform legal principles in a specific area of law that are designed to reduce the complexity of judicial decisions Common examples of widely used restatements include torts and contracts

Common Law

Common Law is essentially law made by appelate courts. Although lawmaking is primarily the responsibility of state and federal legislatures, courts must fill in the gaps when a controversy arises that is not covered under existing law. The U.S. System of common law is deep-seated in British common law that developed over several centuries, beginning around 1066 when the Norman kings established uniform methods for resolving ( mostly land ) disputes in England. The largest industrialized nations using common law in some form include the United States, the United Kingdom, Canada, Australia, and generally the former colonies of Britain. Common law is also known as Case Law. common Law based on the fundamentals of previous cases that had similar facts.

secondary sources of Law

In the business context the most important secondary sources of law are 1) the Restatements of the Law, a collection of uniform legal principles focused in a particular area of traditional state law, and (2) Various sets of model state statutes drafted by legal experts as a model for state legislatures to adopt in their individual jurisdiction. Secondary sources of law have no independent authority or legally binding effect.

Legal Realism

Is based on the concept that law is a social institution that should be used to promote fairness by taking into account social and economic realities when arriving at legal conclusions. This is most widely used in the US. You take into context all those things that positive law didn't fairness, issues, understanding issues. Example murder/ Theft

Constitutional Law

Is the foundation for all other law in the United States and is the supreme law of the land. Its function is tandem with other sources of law in three broad areas: 1.. establishing a structure for federal and state governments including qualifications of certain offices and positions, settling rules for amending the constitution and granting specific enumerated powers to th differnet branches of the state government. 2. Establishing the concept of federalism allowing the federal and state governments shared powers 3. Establishing individual civil rights and providing procedural protections for U.S citizens from wrongful government actions. Constituion law s different from other sources of law primarily in terms of permanence and preemption. May require interpretation by courts exists at state and federal levels. How does it give the governmet power. Amendment freedom of religion, 6th amendment it is the supreame law of the land declared by itself if is part of feralist society.

Statutory Law

Is the foundation for all other law in the United States and is the supreme law of the land. Its function is tandem with other sources of law in three broad areas: 1.. establishing a structure for federal and state governments including qualifications of certain offices and positions, settling rules for amending the constitution and granting specific enumerated powers to th differnet branches of the state government. 2. Establishing the concept of federalism allowing the federal and state governments shared powers 3. Establishing individual civil rights and providing procedural protections for U.S citizens from wrongful government actions. Constituion law s different from other sources of law primarily in terms of permanence and preemption. May require interpretation by courts exists at state and federal levels. How does it give the governmet power. Amendment freedom of religion, 6th amendment it is the supreame law of the land declared by itself if is part of feralist society. Also known as "codes"

Civil Laws

Laws primarily statutes are either Criminal or civil in nature. Civil Laws are designed to compensate parties (including businesses for losses as a result of another's conduct. These losses are known as damages.

Procedural laws

Procedural laws provide a structure and set out rules for pursuing substantive rights.

Natural Law

Proponents argue that a system of moral values, which are inherent in humankind, form the basis for all law and those certain principals are of a higher authority than national lasws . example murder and theft

Public laws

Public laws are those derived from some government entity

Types of Remedies Remedies at law

Remedies at law generally take the form of money damages.

Law versus equity

Remedies at law generally take the form of money damages: A court orders the wrong-doer to pay another party a certain sum of money to compensate for any losses suffered as a result of the wrongdoer's conduct. However, in some cases a party will not necessarily be fully or even partially compensated through money damages. In such a case a court may award equitable relief instead of ( or in addition to ) a remedy at law. Most commonly equitable relief can include an injunction or restraining order ( a judicial order requiring a party to either perform or create a certain activity and specific performance). The term equity is also used in the context of common law rules that guide courts in deciding cases and controversies before them. These equity rules are called equitable maxims and are intended to be broad statements of rules that are based on notios of fairness and justice in applying law.

Secondary Sources of Law

Secondary sources have no independent authority, nor are they legally binding. Include the Restatements of the Law and sets of model statutes Example: Uniform Commercial Code (UCC)

Sources of American Law

Sources of American Law - Modern Law in the United States regulating businesses and individuals is generally a combination of constitutional law, Statuatory law, common law, and administrative law these sources of law are known as primary sources of law and may sometimes work in conjuction with one another or independtly.

Substantive laws

Substantive laws provide individuals with rights and create certain duties.

Substantive Law vs Procedural Law

Sustantive Laws provide individulas with rights and create duties. Procedural laws provide a structure and set out rules for pushing substantive rights. For example while state common law may provide an individual who has suffered losses due to the negligence of another the right to obtain restitution from the wrongdoer( substantive law), a state statue will prescribe the procedure for using legal means to actually collect the restitution ( Procedural law). The Fourth Amendment to the U.S Constitution protects citizens against unreasonable searches and seizures, a substantive right of privacy.

Purposes of Law

System of order that defines crimes and levies punishment for violations System for resolving disputes by providing a basis for deciding the legal interests and rights of the parties

The U.S. Constitution

The U.S. Constitution is the supreme law of the land. Structure for federal and state governments Enumerated powers Federalism Arizona v. United States, 132 S. Ct. 2492 (2012) Civil rights and procedural protections Exists at state and federal levels

Purpose of Law

The law sets out a system for resolving disputes by providing a basis for deciding the legal interests and rights of the parties. The law also seres as an important catalys for commerce by promoting good faith dealing amoung merchants and consumers and giving some degree of reliability that can be considered in business planning and commercial transactions.

Important Equitable Maximums

These maxims have been developed by early American courts. Equity aids the vigilant Substance over form Clean hands doctrine Broad statements of rules that are based on notions of fairness and justice in applying the law.

Law vs Equity

We use the terms law and equity when describing the appropriate measure of judicial action intended to compensate an injured party in a civil lawsuit. These measures are known as legal or equitable remedies.

Positive Law

Whatever the law says that's it mental stability. Positivists believe in a specific set of agreed-upon laws that are enforced uniformly and strictly unless the law is changed expressly via the government. They reject the natural law notion of a higher authority that surpasses national law. Legal

Substance over form

When applying the law, courts look to the intent of parties involved and adhere to a standard of good faith and fair play instead of applying the letter of the law in a way that would violate fundamental principles of fairness and consistency.

Uniform Models Law

Without a uniform set of laws, businesses would be required to know and apply the law in all 50 states and would be overwhelmed by excessive litigation. Uniform laws solve many of such problems. The primary focus of the model laws was commerce, and the NCCUSL drafted the Uniform Commercial Code, which has been adopted in some form by every state except Louisiana. The UCC provides a comprehensive set of rules and principals intended to increase reliability and predictability in business transactions. Drafted by legal experts, in hopes that they will be used or adopted by state legislatures to provide uniformity in laws between the states Examples: UCC, RUPA, MBCA

Criminal Law

are a protection of society, and the violation of criminal laws resulted in penalties to the violator such as fines or imprisonment. Criminal fines are paid to the government and do not reimburse the victim.