RMI-4420 Study Guide - Comprehensive Final Exam Guide - Florida, Damages, Tort


Department
Risk Management/Insurance, Real Estate and Legal Studies
Course Code
RMI-4420
Professor
Marzen
Study Guide
Final

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RMI-4420

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- Introduction to Law and Civil Dispute Resolution (12)
o The Common Law and Insurance (1)
Paul v. Virginia (1869)- Supreme Court decision
Held that insurance is a contract delivered locally and governed by
state law rather than federal law
1869-1944: federal law did not apply at all to insurance contracts
United States v. South-Eastern Underwriters Association (1943)- Supreme
Court decision
Overturned Paul v. Virginia and held the Sherman Antitrust Act
applies to insurance
1945- Congress passes McCarran-Ferguson Act
Ensures states continue to have authority to regulate insurance
o Classification of Law (1)
Criminal v. Civil
Criminal Law- applies to acts that society deems so harmful to
public welfare that government is responsible for prosecuting and
punishing the perpetrators
Civil Law- classification of law that applies to legal matters not
governed by criminal law and that protect rights and provide
remedies for breaches of duties owed to others
Substantive v. Procedural
Substantive- classification of law that creates, defines, and
regulates parties’ rights, duties, ad poers
Procedural- classification of law that prescribes the steps or
processes for enforcing the rights and duties defined by
substantive law
o Constitutional Principles Relevant to Insurance (1)
Basic Principles
U“ Costitutio is the supree la of the lad
o Supremacy Clause
Federal laws cannot violate the US Constitution
Federal law trumps state law
Article 1, Section 8- Commerce Clause
Gives Congress the power to regulate trade with foreign nations
and among the states
Due Process Clause- 5th Amendment
Guarantees notice and a hearing before the federal government
can deprive any person of life, liberty, or property
Equal Protection Clause- 14th Amendment
Prohibits state laws that discriminate unfairly or arbitrarily, and
require equal treatment to all persons under like circumstances
and conditions
o Conflicts of Law (1)
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Body of legal principles used to determine the appropriate law to apply
to a litigated case when more than one state is involved
Torts Conflicts Rule
Typically law of the state of injury applies
Contracts Conflicts Rule
Most states use the eter of graity rule
o Applies the law of the state with the most significant
relationship to the case
o Businesses and individuals may contract around this
default rule ad agree o hih state’s la ill apply if a
dispute arises under the contract
o Diversity Jurisdiction (2)
Civil Actions: Diversity Jurisdiction or Federal Question Jurisdiction
District courts have jurisdiction only when the matter in
controversy involves either diversity of citizenship that meets the
jurisdictional amount ($75,000 or >) or involves a federal question
Suits between citizens of different states, a citizen of a state and a citizen
of a foreign country, and/or state and a citizen of another state and the
amount in controversy exceeds $75,000
Defedat’s Right to Reoal- where diversity jurisdiction exists, the
defedat has a right to reoe: the ase fro state to federal court
The urde ould the shift to the Plaitiff to read the ase
back to state court
Corporations and Diversity Jurisdiction
A orporatio is osidered oth a itize of the state here it
is incorporated and the state in which it has its principal place of
business
o Resolution of Insurance Cases Prior to Trial (2)
Motion to Dismiss
Filed y the Defedat o asis that Plaitiff’s oplait does ot
allege facts sufficient to set forth a cause of action
Typically filed on the basis that the Complaint/Petition does not
state a claim upon which relief can be granted, but also can be
filed on the basis that the Court lacks jurisdiction or the statute of
limitations period has expired
Res Judicata
Not a motion, but a doctrine that bars parties to a lawsuit on
which final judgement has been rendered from bringing a second
lawsuit on the same claim or on related transactions
Collateral Estoppel
Not a motion, but a doctrine that bars parties from relitigating an
issue on which a court has already ruled, even if the second
lawsuit differs significantly from the first
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