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Business Law
BLAW 3201
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BLAW 3401 Test 1KNOW ALL BOLDFACED WORDS IN BOOKRyan v Freezenhon CaseAppelet decision 1995 in Texas social host liability case while people are at your home you have to make sure no ill comes to them that you couldve easily corrected in La as in many states there is social host immunity you cannot be sued if the person who hurt someone driving while intoxicated is of ageSabrina was a minor Texas has a statute as do many states that makes it criminally negligent to make alcohol available to a minorParents lost 17 yr old daughter Sabrina when she went to a party of Freezenhontoo much to drink drove homedied in single car accident not a criminal case no evidence of charges no government official involvedthe parents initiated the law suitcivil suit civil law suit matter between 2 private citizens initiated by one of them in the form of a complaintComplainer plaintiff want pmt for damagesrelief for a lossRyans Sabrinas parentspreponderance ofthe evidence the plaintiff is charged with the burden ofproving their case never up to defendant to prove they arent liable like beyond a reasonable doubt in a criminal caseobject of complaintdefendantFreezenhons Todds parentsdetermining damage worth you have to convince the juryjudgewithout an attorneywith an attorneycontingency contract wont pay law firm any money any court costs will be paid by law firmonly charged with expenses if you win or from a settlementbefore trial the person being sued offers moneythrough contract to resolve matter 90 civil court cases are settled Ryans get an attorney justify complaint that their daughter was on the property of the Freezenhonstrial case sent Ryans home with nothing bc Judge said it was an insufficient case of information so they appealedthe appellant person who brings case from lower court to appeal court usually not always theone who lost at the trial court sometimes winner does to get moresays the lower court got it wrongthe appellee person who has to defend against the appealsays the lower court got it right appellet court takes no new evidence or any witnessesafter the case they can affirm thelower courts decision do the opposite of the lower court modify a part of the lower court decision reman the case back to court for further proceedingsConclusion to the Appellet Ryan case they remanned the case so that it could have proper trial Random Notesth5 amendment we dont have to incriminate ourselvesoApplies to criminal casesoNot applicable in civil cases the can mandate you do provide witnessWe are protected from double jeopardyoIf they pronounce us innocent thats their shot cant bring us back againA civil proceeding can also come about with a criminal caseTypes of lawPublic law rules against crimes tax lawPrivate law blaw contract law succession law torts real estateSubstantive laws laws elected by legislatures or congress that creates legal rights for us ex leaseProcedural laws how substantive laws are enforced ex if you dont pay your rent youre evicted landlord must follow certain rules in the procedure of eviction gives substantive laws their valueSources of lawoUnited States Constitution everything answers to itoIf something is unconstitutional a suit is filed to review its constitutionality within the judicial system US Supreme Court is the final say the law can be rendered nullvoidoLegislative congressstate legislators legislative can undo what judicial doesoExecutive presidentsgovernors can issue ordersoJudicial judge made lawa doctrine called stere decisis provides general boundaries inviting you to adhere to orders made by previous judges oAdministrative law will not cover in this class bc its a lot environmental fooddrug etcCh 3Federal v State JudgeoTo become federal judge go to law school be a lawyer for a long time get involvedsuck up to a party so theyll appoint you the president has to appoint you have to be well known starts in your own area appointed for lifearent looking for peoples vote oState judge lawyers become a judge run to be elected decisions can be affected by looking for peoples voteSummons15 days to respondget a lawyerYou can deny the accusationsIf you ignore it or wish it away a default judgment can happen you lose
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