Lawsuit ppt
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A lawsuit is a formal legal process where disputes are heard and decided by an impartial third party, usually a judge. There are typically two parties involved - a plaintiff bringing the lawsuit and a defendant it is brought against. Lawsuits can be civil, involving issues like contracts, money, and property rights, or criminal, concerning enforcement of laws. If unsatisfied with the court's ruling, either party may appeal citing an error made during the trial. It is generally advisable to consult an attorney regarding lawsuits, as they understand the laws and court process.
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BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
50 civil and criminal cases
Lawsuits can involve property disputes, contract issues, divorce, or negligence cases where one person's careless actions caused an accident. Suits of equity ask the court to make a fairness-based decision in areas without clear laws, often through injunctions that order parties to act or refrain from acting. Criminal cases deal with violations of criminal codes and can involve misdemeanors, felonies, or crimes against people and property, with penalties varying based on the seriousness of the crime.
Jurisdiction Under Private International Law.pdf
This document provides an overview of foreign judgments and jurisdiction under private international law. It discusses key concepts like jurisdiction, choice of law, and recognition of foreign judgments. Regarding jurisdiction, it explains the differences between civil and common law approaches. Choice of law examines traditional rules like lex loci celebrationis and lex fori. The document also outlines procedures for notifying parties and enforcing foreign judgments. Overall, it covers the major considerations and rules regarding international legal cases that involve multiple countries or jurisdictions.
Chapter 3
The document discusses traditional and online dispute resolution. It defines judicial review as established by the US Supreme Court in Marbury v. Madison, giving courts the power to interpret the law. It also discusses jurisdiction, which is a court's power to hear a case, and the differences between trial courts of original jurisdiction and appellate courts. Finally, it summarizes alternative dispute resolution methods like negotiation, mediation, and arbitration that provide alternatives to costly and lengthy litigation.
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Lawsuit ppt
- 1. What is a Lawsuit? A process through which disputes are heard and settled. Two parties, a plaintiff and a defendant, enter into a formal contest to persuade an impartial third party to accept their version of the dispute.
- 2. Complexities in Hearing and Deciding Cases - Each side of a story has its own individual complexities. - A judge’s job is to make fair decisions that are accepted by both parties.
- 3. Common Laws - Common Laws were established so that citizens, as well as the courts, had a guide to follow when hearing and deciding rulings on cases. Why do people Sue? - The most common reason people sue one another is over the repayment of a debt. - Lawsuits also occur in order to determine responsibility between two parties.
- 4. Who is involved in Lawsuits? - Plaintiff – The individual who brings the lawsuit to court. - Defendant – The individual whom which the complaint is being made against.
- 5. Types of Lawsuits include: A. Civil Law - Lawsuits held between two parties that typically involve issues concerning contractual agreements, such as money, property rights, divorce, or slander. - Contractual Law – Lawsuits involving debt collection between two parties. Contractual law can also involve disputes over a service as well. - Lawsuits Over Tort – This body of law tries to make sense of wrongdoings, which harm the interest of another.
- 6. Types of Lawsuits cont: B. Criminal Law – Lawsuits held in enforcement of the law. - These cases vary based on the law, as well as the state in which the case is in question. - Criminal Law cases must meet jurisdictional requirements. Jurisdiction is determined by: - The Constitution - General statuses establishing jurisdiction for a level of court - Specific statuses authorizing the establishment of the court in question - Statuses creating other courts in the same country that may affect the jurisdiction of the court in question - Statuses dealing with specific subject matters
- 7. Texas Court Structure - Justice Courts - County Courts - District Courts - Court of Appeals - Supreme Court - Court of Criminal Appeals
- 8. What is the process of a lawsuit? - The Civil Process – Cases concerning Property Disputes, Breach of Contract, Family Matters (such as divorce), Negligence and Personal Injury - Pre Trial - The Trial Process - Jury Selection - Opening Statements - Presentation of Evidence - Defense Response - Closing Arguments - Jury Deliberation - Juror Consensus - Judge’s Decision
- 9. Options to Dispute Court’s Ruling: - Appeal the Outcome – After the ruling in a civil trial, both parties have the right to appeal the court’s decision. - The appeal is usually based on an error made during the trial.
- 10. What are your options when being sued for debt? - Make a list of all your debts - Try to settle outside of court If you are being sued for a debt and do not show up in court, default judgment will most likely occur. - Default Judgment will usually go against the party being sued.
- 11. What can you lose in a lawsuit? - Garnishment of wages - Money attained from selling personal property and assets - Depending on the type of lawsuit, individuals could serve jail time What can be sued? - Individuals - Partnerships - Businesses - Religious Organizations
- 12. Do I need an Attorney? - Attorneys have an understanding of the laws, as well as how the law affects you. - Attorneys have experience representing clients in court and can help you resolve your legal issues For more information about Lawsuits or to consult with a professional attorney: Contact Allmand & Lee 214-884-4176