cc bus law - three

8/6/2019 Cc Bus Law - Three

1/39

Class Three

Business Law

BSM 408.CA01

Class Thre

Business LawBSM 408.CA01


2/39

Class Three

Business Law

BSM 408.CA01

Schedule Recap: February 17 Judicial System

Limitations on Relief

February 24 Limitations; Legal Process

March 3 Legal Remedies/review March 10 Exam 1; group assignments

March 17 Team project work


3/39

Class Three

Business Law

BSM 408.CA01

Courts must have jurisdiction -

Jurisdiction: the power/authority of a court to

hear a case and grant relief

Jurisdiction consists ofsubject matter jurisdiction

and personal jurisdiction


4/39

Class Three

Business Law

BSM 408.CA01

Personal Jurisdiction (states):Need SMJ and in personam for court to act

Pl. submits to PJ by filing complaint

To get jurisdiction over D, D must receive proper notice,

and must have some connection with the forum

Considerations:

Domicile - live there and intent to stay

Business - (1) domicile at principle place of business;

or

(2) place of incorporation


5/39

Class Three

Business Law

BSM 408.CA01

Personal Jurisdiction:

If domiciled D, PJ in 3 ways:

1. personal service of summons;

2. service at residence; or3. consent

Consent: Express and implied

1. filing by Pl.;2. statute (e.g., nonresident motorist statute);

3. general appearance by D (contrast w/special);

4. commission of torts


6/39

Class Three

Business Law

BSM 408.CA01

Personal Jurisdiction:

Long-Arm statutes:

Statute requiring D to return to forum for lawsuit

Constitution requires due process/opp. to be heard

DP requires minimum contacts to forum state

a single life insurance policy in a state is enough

court held that foreseeability alone is not enoughmust have reasonably anticipated being haled into court

World Wide Volkswagon v. Woodson, pg. 27


7/39

Class Three

Business Law

BSM 408.CA01

Jurisdiction over property: In Rem:

State court has jurisdiction over property located

within that state

Decision concerns property - affects persons

property rights


8/39

Class Three

Business Law

BSM 408.CA01

Venue:

The proper place for the action to be heard.

Need SMJ, PJ, and venue must be appropriate

Reasons to move:

1. fear of local prejudice (Rodney King)

2. convenience (forum non conveniens)

3. interests of justice (discretionary)

In Re Union Carbide, from email


9/39

The pesticide made at the plant was

methyl isocyanate (MIC), one of

the most toxic and lethal substancesknown to humans.

Almost all of the victims were poor.

Most of the victims lived in shanty

towns outside the plant.

The leak occurred at night and the

gas clung to the ground where most

of the victims slept.


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13/39

Class Three

Business Law

BSM 408.CA01

Up to 500,000 survivors still suffer symptoms:

paralysis

partial blindness

impaired immune systems

Union Carbide accepted moral responsibility

After settlement, the firm paid victims an average of $500

Even though jurisdiction existed, venue deemedinappropriate


14/39

Class Three

Business Law

BSM 408.CA01

Federal:Subject Matter Jurisdiction (SMJ) - Two methods:

Federal question at issue

Diversity

Federal Question Jurisdiction: Courts have authority to hear cases arising under

the Constitution and the laws of the United States

Diversity Jurisdiction:

suit by citizens of different states (domicile),

state v. state, or citizen and alien

at least $75,000 in controversy


15/39

Class Three

Business Law

BSM 408.CA01

Federal:

Federal Jurisdiction for inferior courts createdby Congress

Court must approve SMJ; parties cannot waive SMJ

Decide SMJ before PJ

Preserves authority of state courts


16/39

Class Three

Business Law

BSM 408.CA01

Federal:

Diversity must be complete: Each pl. from different state than each def.

Domicile is determining factor


17/39

Class Three

Business Law

BSM 408.CA01

Federal:Personal Jurisdiction (PJ):

Essentially the same as state jurisdiction

Venue:

Venue where def. resides is all in same state

Venue where property located

If neither, venue in state where PJ exists

Removal: When no exclusive Jurisdiction exists, state court is

acceptable in cases of concurrent jurisdiction

Def. may remove to fed court if in other state

unless federal question


18/39

Class Three

Business Law

BSM 408.CA01

Federal:

The Erie Railroad v. Thompkins Doctrine: No federal common law

Use state substantive law in federal actions

Federal court relies on state law and makes same

decision


19/39

Class Three

Business Law

BSM 408.CA01

Anatomy of a lawsuit:

Attorney consultation

Pleadings: Complaint and Summons

Complaint - sets forth reasons for suit and basis

for claim

Summons - (process) calls defendant into court


20/39

Class Three

Business Law

BSM 408.CA01

Plaintiff files complaint with court

Complaint includes a prayer for relief Issues summons to be served upon defendant

Provides notice and an opportunity to be heard

Served by process server or sheriff (varies in some cases

Usually personal service, but substituted is ok at times- mail, certified mail, or even papers

Summons provides notice to Defendant


21/39

Class Three

Business Law

BSM 408.CA01

Anatomy of a lawsuit:

Answer -

Denials

Defenses Counterclaims

Cross claims

Answer = Reply

Pleadings:

All forms designed to tell parties what is happening


22/39

Class Three

Business Law

BSM 408.CA01

Discovery -

Depositions

Interrogatories

Production of documents

Admissions or denials

Available for all but privileged info (e.g. work product)


23/39

Class Three

Business Law

BSM 408.CA01

Evidence:

Rules of Evidence

FREMassachusetts uses common law rules


24/39

Class Three

Business Law

BSM 408.CA01

Evidence:

Opening statements

To win meet burden of proofCivil clear and convincing

admissibility: preponderance

Contrast: criminal beyond reasonable doubt

Case is proven through introduction of evidence

into the record


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26/39

Class Three

Business Law

BSM 408.CA01

Evidence:

Subpoena order for witness to appear

Subpoena duces tecum order to produce documents

Build record with evidentiary foundations

Record is blank slate

Cannot assume facts not in evidence

Judicial notice or parties may agree to stipulate


27/39

Class Three

Business Law

BSM 408.CA01

Evidence:

Hearsay

out of court statement other than one made by

the declarant offered in court to prove truth of matter asserted

hearsay is inadmissible, but lots of exceptions

Witness qualification (competency):

personal knowledge

understand truth

not judge or jury


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29/39

Class Three

Business Law

BSM 408.CA01

Limitations in Seeking Relief

To get into court:

1. Jurisdiction must exist (already discussed)

2. Genuine dispute must exist (case or controversy)

3. Timely (within statute of limitations)

4. No prior resolution via litigation

5. No immunity


30/39

Class Three

Business Law

BSM 408.CA01


Case or controversy:

No collusion (rigged outcomes)

No abstractions (hypothetical questions)

No moot cases (expired controversy)

No unripe cases (controversy not yet in existence) Must have standing (personally stake in outcome)


31/39

Class Three

Business Law

BSM 408.CA01


Mootness:

Defunis v. Odegaard

Thomas v. AnchorageEqual Rights Commission

Ripeness:


32/39

Class Three

Business Law

BSM 408.CA01

Statute of Limitations:

Time limit for bringing an action to court Bar to action and eliminates stale claims

Clock starts when cause of action accrues


Standing:

Elk Grove UnifiedSchoolDistrict v. Newdow


33/39

Class Three

Business Law

BSM 408.CA01

Toll means to stop the clock

Insanity or incapacity tolls SOL

Pl. doesnt discover harm and failure is reasonable,then cause of action accrues upon discovery

Statute of Limitations:


34/39

Class Three

Business Law

BSM 408.CA01

Black v. Littlejohn

3 year general SOL for medical malpractice

Statute:

Discovery provision: If injury is not discovered

for 2 or more years after action, claim must be

filed within one year of discovery

In no event may a suit be filed more than 4 years

after act (period of repose)


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36/39

Class Three

Business Law

BSM 408.CA01

Black v. Littlejohn

Date of action: 10/1/78

If injury discovered before 10/1/80, Pl. had until 9/20/81 to file (basic 3 yr. provision)

If injury discovered after 10/1/80, complaint must be filed within one year ofdiscovery, but before 10/1/82 (discovery provision and period of repose)

Examples:

Injury discovered date of action: must file by 9/30/81 or Pl. is barred

Injury discovered 10/2/80: Pl. must file within 1 year (10/1/81) Injury discovered 8/17/81 (actual date); must filed by 8/16/82 (as happened)

Injury discovered 9/30/82: Pl. must file the same day (4 yr. period of repose expires)


37/39

Class Three

Business Law

BSM 408.CA01

Res Judicata:

Cant re-try matter that has already been litigated

Identity of the parties;

Identity of the claims; and,

Final judgment

Shin v. Portals Confederation Corporation


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39/39

Class Three

Business Law

BSM 408.CA01

Next Week: February 24

Sections IV& V

February 24 Limitations; Legal Process

March 3 Legal Remedies/review

March 10 Exam 1; group assignments March 17 Team project work

cc bus law - three

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