BLAW 2200 Lecture Notes - Lecture 1: Trade Secret, Specific Performance, Legal Realism
28 Aug 2016
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Laws - set of rules that have consequences/enforceable. Specific performance- uphold a person to all the stipulations in a contract. Immediate and irreparable harm- i. e. hire someone and give them trade secret and they start their own business with it. You go to court to get an injunction to shut their business down. If you are going to seek equity, you have to act in equity yourself- i. e. if you are suing make sure you didn"t steal the equity yourself. Stare decisis - already decided, precedents have already been set. Binding authority-means the court must follow. relies on precedent. works in criminal and civil. Persuasive authority - does not have to follow. courts can go against precedent. Supreme court has overturned cases. example plessy vs. Ferguson. supreme court initially upheld jim crow laws years later that was overturned. Deductive reasoning- create a syllogism (major premise, minor premise, conclusion) if major and minor premise true then conclusion must be true.
