2/14/2006Class 161 Class 16, Tuesday, Feb. 14 Announcements Thursday295-323 Friday326-46 Today’s agenda Problem 3-4 Problem Set 3 Hill v. Gateway 2000.

Slides:



Advertisements
Similar presentations
Landlord-Tenant Issues in JP Court
Advertisements

Trial by Jury Class 2.
1 American Mfg., Warrior & Gulf Courts must not determine the merits of a claim –to be done by arbitrator (per parties’ agreement) –courts may not go beyond.
Chapter 16 Lesson 1 Civil and Criminal Law.
John B. Pegram Fish & Richardson P.C. New York “Divided” or “Joint” Infringement.
Announcements l Beginning Friday at 10:50 a.m., you and your moot court partner may sign up as Appellees or Appellants. l The sign-up sheet will be posted.
6228v2 Grounds for refusing recognition and enforcement of arbitral awards Justin Williams.
Judicial Branch.
© 2007 by West Legal Studies in Business / A Division of Thomson Learning CHAPTER 1 The Legal and International Foundations.
The Supreme Court/ The Supreme Court at Work
WHERE WE ARE & WHAT WE’RE DOING
How to Read a Court Decision. Structure of reasoning Structure of reasoning First understand the reasoning, so you can critique it First understand the.
LAW AND AMERICAN POLITICS 1.Law and Politics 2.Law and Social Order -regulate behavior -resolve disputes -secure rights and liberties -allocate resources.
The judicial branch.
© 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 18 E-Contracts Chapter 18 E-Contracts.
Pizza Hut, Inc. v. Papa John’s International U.S. Court of Appeals 5 th Circuit
© 2011 South-Western | Cengage Learning GOALS LESSON 1.1 LAW, JUSTICE, AND ETHICS Recognize the difference between law and justice Apply ethics to personal.
Constitutional Change
Chapter 14 E- Contracts. 2 Chapter Objectives 1. Discuss whether shrink-wrap and click- on agreements are enforceable. 2. Describe the nature and function.
The Judiciary  Article III  Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution.
The Federal Court System According to the Constitution, Congress has the power to create inferior courts (all federal courts, other than the Supreme Court.)
Announcements -Final Study Guide will be posted the beginning of next week. -Thursday, May 31 class will be a review session.
Marbury v. Madison (1803) Gibbons v. Ogden (1824) McCulloch v. Maryland (1824)
The Judicial Branch Target: I can explain the 2 types of federal courts, how judges are selected, and what their power entails.
Civil Law Chapter 16 Section 1. Civil Cases Plaintiff claims to have suffered and seeks damages Plaintiff claims to have suffered and seeks damages Damages-
School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e © 2012 Pearson Education, Inc. All rights reserved. Chapter 1 Legal Framework.
Shrink Wrap Contracts Richard Warner. ProCD v. Zeidenberg  ProCD sold a CD that contained every phone number and address in every telephone directory.
1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.
Appendix to Chapter 1 Finding and Analyzing the Law.
The United States Supreme Court
INTERNATIONAL ARBITRATION Leonardo Graffi STUDYING LAW AT ROMA TRE FALL SEMESTER 22 October 2010.
1 Working the IP Case Steve Baron Sept. 3, Today’s Agenda  Anatomy of an IP case  The Courts and the Law  Links to finding cases  Parts of.
8.4 The Supreme Court at Work. Court Procedures The Supreme Court meets about 9 months each year, each term begins the first Monday in October and runs.
Statute of Frauds By: Seyvon Jones & Maxwell Mastellone.
Civil Cases. Civil Lawsuits Why do some people file civil suits? – Plaintiff claims to have suffered a loss or injury to themselves and usually seeks.
Patent Cases MM 450 Issues in New Media Theory Steve Baron March 3, 2009.
The Judicial Branch ES: Explicitly assess information and draw conclusions.
Chapter 10 The Judicial Branch Complete warm-up Define following words: PlaintiffDefendant ProsecutionPrecedent Original jurisdictionAppeal.
Essentials Of Business Law Chapter 1 Our System Of Law McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
How the Federal Government Works: The Judicial Branch 8.28 Describe the significance of the Magna Carta, the English Bill of Rights, and the Mayflower.
©2002 by West Legal Studies in Business A Division of Thomson Learning Chapter 18 E-Contracts.
Supreme Court Cases. In your group, you will.. Read your court case individually Examine the case as a group Present your findings to the class.
Chapter 6 Administrative Agencies Twomey, Business Law and the Regulatory Environment (14th Ed.)
2/3/2006Class 121 Class 12, Friday, Feb. 3 Announcements Tuesday Thursday Friday240-54, including Problem 3-4 Today’s agenda Pop’s Cones v.
5 Classification of Crimes Module 5
2/23/2006Class 201 Class 20, Thursday, Feb. 23 Announcements FridayReview—Powerpoint slides are posted already on the course web page Today’s agenda Frigaliment.
1/17/2006Class 41 This is a good week to learn some contracts.
2/7/2006Class 131 Class 13, Tuesday, Feb. 7 Announcements Thursday Friday240-54, incl. Problem 3-4 Today’s agenda Incomplete bargaining Walker v.
Today is a good day to learn some contracts. 1/13/2006class 32 Class 3, January 13, 2006 Today Normile v. Miller Practice Essay Q. 1 Next week: Tue:Pp.
3/2/2006Class 231 Class 23, Thursday, March 2 Announcements FridayEssay Midterm. 80 minutes. One fact pattern; one question. Today’s agenda Taylor v. State.
Judicial Review The Supreme Court’s power to overturn any law that it decides is in conflict with the Constitution.
Tues. Feb. 16. pleading and proving foreign law Fact approach to content of foreign law.
3/9/2006Class 261 Class 26, Thursday, March 9, 2006 Announcements Friday455-78, including Problem 6-1 Today’s agenda Q & A, Problem 5-1 Implied obligations.
3/ Class 301 Class 30, Friday, March 17 Post-spring break assignments Tuesdaydiscuss Essay Midterm; discuss Spring Break 2006 Practice Multiple Choice.
2/16/2006Class 171 Class 17, Thursday, Feb. 16 Announcements one handout today—statute of frauds worksheet Friday Today’s agenda Statute of frauds.
2/2/2006Class 111 Class 11, Thursday, Feb. 2 Announcements Friday, please read pp , including problems 3-1 and 3-2 Today’s agenda Q & A on Problem.
Law and Justice Consumer Law / Contracts Promissory Estoppel, Leonard v. Pepsico - Botz (2012)
ESSENTIAL QUESTION Why does conflict develop?
Civics & Economics – Goals 5 & 6 Civil Cases
Civil Cases.
Article III of the Constitution The Courts
E- CONTRACTS CHAPTER 19.
The Federal Court System
Overview of Legal Process in IP Cases
Judicial Branch.
Bell Ringer: Write five questions you think may be on the test for chapter 7 Include the test question and the answer The questions can be ABC choice,
How the Federal Gov’t Works: The Judicial Branch
Judicial Branch Vocabulary
Article III of the Constitution The Courts
Presentation transcript:

2/14/2006Class 161 Class 16, Tuesday, Feb. 14 Announcements Thursday Friday Today’s agenda Problem 3-4 Problem Set 3 Hill v. Gateway 2000 Klocek v. Gateway

2/14/2006Class 162 Today is a good day to reflect on the relationship between love and contract law.

2/14/2006Class 163 What do these cases have to say about contract formation?

2/14/2006Class 164 one judge’s take Before deciding the merits of this case the Court must address a troubling issue. The computer industry and other courts have adopted the term "pizza box" to describe the package in which the document containing the terms and conditions of the agreement is shipped. As a matter of law in the State of New York, such a container is not a "pizza box". No self-respecting New York pizza would be caught soggy in such a box. The container may pass as a " pizza box" in those parts of the world that think food from Domino's, Little Caesar's, Pizza Hut, and Poppa John's is pizza. In this Court's opinion such a classification cannot be recognized east of the Hudson River. Licitra v. Gateway, Inc., 734 N.Y.S.2d 389, 391 (Civ. Ct. N.Y. 2001).

2/14/2006Class 165 Hill v. Gateway 2000, Inc. United States Court of Appeals 105 F.3d 1147 (7th Cir. 1997)

2/14/2006Class 166 Who is suing whom? For what kind of damages? What is the legal basis for the claim? What is the factual basis for the claim? Arguments/defenses?

2/14/2006Class 167 What happened at the trial court level? What happened on appeal? Issue? Authorities/Rule? Application to facts in case? What policies does it further/ignore?

2/14/2006Class 168 Hills—arbitration clause wasn’t prominent; they didn’t notice it Easterbrook—so what?

2/14/2006Class 169 Terms inside Gateway’s box stand or fall together. If they constitute the parties’ contract because the Hills had an opportunity to return the computer after reading them, then all must be enforced.

2/14/2006Class 1610 Every box containing its consumer product declares that the software comes with restrictions stated in an enclosed license.

2/14/2006Class 1611 Klocek v. Gateway, Inc. United States District Court 104 F. Supp. 2d 1332 (D. Kan. 2000)

2/14/2006Class 1612 Who is suing whom? For what kind of damages? What is the legal basis for the claim? What is the factual basis for the claim? Arguments/defenses?

2/14/2006Class 1613 What happened at the trial court level? What happened on appeal? Issue? Authorities/Rule? Application to facts in case? What policies does it further/ignore?

2/14/2006Class 1614 End of class Thursday Friday326-46