Chapter 4 Business Law

Number 1 ◦ Is Ed bound by a third party decision? Number 2 ◦ Should Walter pay the money? ◦ Should Olivia sue, even though she could make more money working? Number 3 ◦ How could Whipple get her money? Page 65

Litigation-to take a dispute to court Mediator-an independent third party who tries to develop a solution acceptable to both sides of the dispute ◦ Mediators give advise and the parties are not bound by the decision Arbitrator-Some one that makes a decision that is binding on parties in a dispute ◦ An informal hearing is held and the decision binds both parties

Court is a tribunal established to administer justice under the law. ◦ Courts decide civil disputes and criminal cases

Trial Courts-This is the first court to hear a dispute. ◦ The words court and judge mean the same thing. Appellate Courts-reviews decisions of trial courts when a party claims an error was made during the trial. ◦ Correct errors of Law ◦ Correct errors of Fact ◦ Don’t hear witnesses Jurisdiction-is the authority to decide types of cases. Courts vary in Jurisdiction ◦ Ex. Juvenile and small claim courts

Federal Courts ◦ The Supreme Court is composed of nine judges, are appointed by the president, and serve for life. ◦ The Supreme Court’s Decision about federal constitutional law are always final. ◦ The Supreme Court deals with the Federal Constitutional Law State and Local Courts ◦ State and local courts are organized into the following:  A supreme court  Trial Courts  Courts of limited Jurisdiction See Figure 4-2, Page 70 See Figure 4-1, Page 69

United States Supreme Court 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Circuit) State Supreme Courts Main Federal Agencies Specialized Federal Courts United States District Courts Federal Courts

Small Claims Courts ◦ Deal with civil actions for small amounts, typically up to $3,000 ◦ There are no attorneys ◦ Are conducted informally, quickly, and economically

Juvenile Courts Juveniles are persons under the age of majority and are often called minors ◦ The age of majority is often 18 years of age Juveniles may be transferred to a trial court for certain crimes such as murder. ◦ Transfer can be made if it can be determined that the minor had the maturity and moral perception  To distinguish between right and wrong  To understand the legal consequences of her or his acts. Juvenile Courts are meant to: ◦ Provide guidance and rehabilitation ◦ Protect minors from own immaturity

What is the procedure in a criminal Defendants have a CONSTITUTIONAL right to a trial by JURY, a right to an Attorney, and do not need to testify against themselves Criminal Action-is a lawsuit brought by the state (the people) against a person accused of a crime. ◦ The defendant is always presumed innocent Proof beyond a reasonable doubt-a standard of proof in which the vast majority of the evidence supports the guilty verdict (90%) PAGE 77

What is the procedure in a civil action Involves 2 parties ◦ Plaintiff-the party who brings a civil action to enforce a private right ◦ Defendant-the party against the civil action See Figure 4-3, Page 73 ◦ Complaint ◦ Summons ◦ Answer ◦ Discovery Procedures  Deposition ◦ Pretrial ◦ Trial ◦ Verdict

How is a civil case tried Judges always decide any issues of law Jury is a body of impartial citizens (12) Opening Statements Evidence Testimony Witness Expert Witness Closing Statements

Civil V.s. Criminal Civil Case ◦ Proof by a preponderance of the evidence or majority of jurors Criminal Case ◦ Proof beyond a reasonable doubt

How is a Judgment Satisfied Writ of Execution-is the process by which a judgment for money is enforced.