Sources of Law
What is a synonym for statutory law?
Legislative enactments
Two-part question:
1.) Name all eight types of jurisdiction.
2.) Which two must a court have to have jurisdiction over a case?
1.) personal/property 2.) subject matter 3.) original 4.) appellate 5.) General 6.)limited 7.)exclusive 8.) concurrent
Personal/property and subject matter.
What are the primary forms of business organizations discussed in class?
1.) sole proprietorship
2.) Partnerships
3.) corporations
4.) limited liability company
Equity is concerned with what is _____
while,
Law is concerned with what is_____
equity: Fair
Law: just
What is Georgia's trial court called?
What are federal trial courts called?
GA: Superior court
FED: District courts
A material/relevant fact is to a ______, as an immaterial/irrelevant fact is to procedural facts.
Material/relevant facts are substantive facts (substantive facts are material/relevant)
Immaterial/irrelevant facts are procedural facts (immaterial/irrelevant facts are procedural facts)
Which forms of civil discovery can be propounded to a party only?
Which forms of civil discovery can be propounded to both a party and non-party?
Party only: 1.)Interrogatories
2.) Request for admissions
Both a party and nonparty: 1.) "RFPs"
2.) depositions
In a limited partnership:
Which partner has managerial/operational control over the business?
The general partner. The limited partner has no control
What is the threshold requirement for courts of Equity?
Must demonstrate that legal remedies are not sufficient
The equitable maxim, Must be vigilant, is analogous to what in law?
The statute of limitations
Name all of the sources of law. Hint: there are 6
1.) common law 2.) constitutional law 3.) statutory law 4.) administrative law 5.) case law 6.) international law
Jack is anything but wealthy; although he works five jobs and is in college, he cannot stay on top of his finances (probably because of his sports betting habit... he is a big Lions fan and expected them to go all the way). Jack was late on rent one month and had no choice but to take out a loan from his roommate (a 49ers fan). Jack stayed off gambling while he could and made five payments back on the loan. Jack could not help himself and went all in on the chief's money line and got burned. When his roommate sues him for the rest of the money on the loan, Jack admits EVERYTHING in court. He admits he never paid him back, his gambling problem, and that he is untrustworthy. What motion would the judge likely grant in this situation?
Motion for judgment on the pleadings: Jack admitted everything; there's no need for a trial.
What two things must happen to create a limited liability partnership?
1.) Partnership must be filed with the secretary of state
2.) The business name must include "Limited Liability partnership" or "LLP"
Name all 6 equitable maxims
1.) Doctrine of Unclean hands
2.)Balance of Equities
3.) Must be Vigilant
4.) Inequity will not go unanswered
5.) Expansive view of jurisdiction
6.) Substance not form
Explain the case of Marbury vs Madison. Why is it significant? What did it establish?
Established: the doctrine of judicial review, which allows the judicial branch to make decisions regarding other branches of government.
Two-part question:
1.) What levels of government can have administrative agencies?
2.) Who "creates", "manages" and "keeps" (administrative agencies) "in check"
1.) Administrative agencies can be found at the federal, state, and local levels of government.
2.) creates: congress, manages: executive, keeps in check: Judicial
Kyle prefers litigating disputes rather than searching for a resolution in an "alternative form of dispute resolution." Without Kyle's knowledge, AJ, his best friend, had a romantic relationship with Kyle's girlfriend of seven years. Furious and want-to-be lawyer, Kyle decided to sue AJ for "intentional infliction of emotional damage." When in court, the judge told Kyle that this case was a waste of his time and that he had more important cases to handle. The judge provided Kyle with three alternative dispute resolution forms: negotiation, arbitration, and mediation. The judge further told Kyle that if he did not pick a form, he would choose for him and force/order the parties to engage in the alternative form of resolution before litigating further. Can the judge do this? If so, can he force the parties to engage in all three forms or just some? If not, why?
The judge can order Kyle and AJ to engage in negotiation and mediation.
However, arbitration cannot be forced upon the parties, as they have the right to a jury trial.
Termination in a general partnership has two stages. What are they? Explain them both.
1.) Dissolution-A change in the relationship between partners resulting from one or more of the partners ceasing to be associated with the business operations
2.) Winding up- completion of any unfinished partnership business
Early English courts had a ___________ court system, meaning they had courts of _____ and ______
Early English courts had a Bifurcated court system, meaning they had courts of law and equity.
What is the most important step in Professor Altom's "Method for briefing case law?
HIT: C.F.Q.A.A.T
Step 5: application
How does the court apply the applicable law to the relevant facts?
What do we mean when we say:
It is the "duty of attorneys as officers of the court to disclose adverse authority."
If you have information that will help the opposition build a stronger case against your own, you MUST disclose that information.
Even though Jeff is 29... he still lives with his father in Georgia. After a family dispute occurred on Thanksgiving, Jeff filed a single lawsuit against his father and EVERY SINGLE extended family member on his father's side (ALL of whom live in California). The damages Jeff seeks are exactly one million dollars. In the case of Jeff VS "Jeff's father's side of the family." Is the case to be filled in the state court system, federal court system, or both?
The case must be handled in the state court system. While Jeff seeks over $75,000, there needs to be complete diversity of citizenship to have the option to also file federally.
What is one advantage that an S corporation has over a corporation?
An S corporation is considered a Corporation and is taxed like a partnership, whereas a corporation is subject to double taxation.
Aj could no longer take his new neighbor, Jack. Only two days after Jack moved into the neighborhood, he started setting up his massive wind chime collection on his front porch. The second AJ walked out of his house every morning for work, he was hit by the pleasant but overly obnoxious sound of Jack's windchimes. Aj even asked Jack nicely multiple times to stop adding new windchimes to his collection (he did not want him to take them down, just stop putting them up). Long story short, Aj petitioned a court of equity for a negative injunction and got a ruling in his favor, and Jack was ordered to stop putting up wind chimes. However, when AJ returned from work that night, he saw Jack hanging up more wind chimes. After confronting Jack, Jack told him he would be disputing the ruling because he was not afforded a fair and impartial Jury. If it is true that Jack was not given a fair and impartial jury, would the ruling be thrown out?
No. There is no such thing as a jury in courts of equity. You do not have a right to a jury in equity.
The only fact-finder is the judge.
Alex knew he had a lawsuit filed against him for a BIG mistake he made last Friday night... the seltzers got ahold of him again. He had successfully evaded service for a week and was starting to get really paranoid. The following Friday night, he decided he would pack his bags and move far far far away (he can't afford his gambling problem, let alone a lawsuit). Little did he know before he got home, his sister's boyfriend was dog-watching at the house alone when he was tricked into accepting a summons from a fake pizza delivery man. Is the the summons "valid"?
No. Notorious service requires the person accepting the summons to be domiciled in the same residence.