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LAW102 - Coggle Diagram

- - - - Common law and equity concepts from English law.
      - 13 original colonies were English.
      - English, French, and Spanish influences
    - - The main source is jugdical precedents or case law
      - Jugdical precedents are binding
      - Judges make the rules
  - - - what is right or wrong regarding business transactions.
    - - A rule of civil conduct.
      - What is right and prohibiting what is wrong.
  - - - Personal values
        
        Religious beliefs
        
        Individual experiences
        
        Cultural background
        
        Scientific knowledge
      - All people had differing backgrounds, judgments as to what is right and wrong vary.
    - - Seriousness of consequences
      - Consensus of majority
      - Voluntary
      - Change in ethical standards
      - Legally enforceable
    - - Encourage behavior that is fair, honest
      - A higher standard than that required by law
- - - - Intangible personal property
        
        Evidence of ownership rights or value
        
        : Ex: Copyrights Ex: Trademarks
      - Tangible personal property
        
        Can be seen, touched, possessed
        
        Ex: Book Ex: Jewelry
    - - Movable property
        
        Move from one place to another
        
        Ex: Desk Ex: Laptop
      - Land
        
        Land is not personal property
        
        Leasehold is normally classified as personal property
  - - - Property discarded, no intention to reclaim
      - Ex: Utensils left on the sidewalk
      - Who discovers acquires a right thereto
    - - Property unintentionally left, no intention to discard
      - Ex: wallet dropped
      - The finder oof lost property has a right of possession
  - - - Definition: Transfer of possession of personal property on condition that property will be returned
        
        Bailor: give up possession, owner of property
        
        Bailee: accept possession, but not the title
    - - for the benefit of the bailor
        
        Leave a pet with friend
      - for the benefit of the bailee
        
        Borrow friend's laptop
      - for the benefit of both parties
        
        Leave a car in garage for repair
    - - Spoken
      - Written
    - - Deposit of personal property as a security for some debt or obligation
- - - - A person injured through use or condition of a product could sue on the basis of the manufacturer’s negligence.
      - The plaintiff must prove negligence.
    - - Manufacturer of product liable without proof of neligence for dangerous product
        
        Includes wholesalers or retailers
        
        Applies to anyone injured because of defects
    - - Interference with a contract or economic advantage
        
        Ex: Interfere with rental opportunities, sales of goods or services, and employment of employees.
        
        Occurs when a business relationship has been formed, and in some way a third party causes one party to end that business relationship.
        
        Confusion about a product.
        
        A person may commit a tort by intentionally causing confusion about anoth- er’s product.
        
        Injurious Falsehood
        
        Making false statements about another’s product.
        
        Confusion of Source
        
        Representing goods or services as those of another.
  - - - Similarity of marketing and customers
      - Similarity and amount of advertising
      - Similarity of products
      - Area of overlapping use
      - Similarity of the marks
      - Intent of parties in adopting the marks
      - Strength of the marks
      - Actual confusion by the public
    - - Trademarks distinguish and identify tangible goods; Service marks identify and differentiate services.
      - Trademark dilution is “reducing the ability of a well-known mark to identify and distinguish goods or services.
  - - - To recover for a negligence tort, the injured
        party must show all these elements:
        
        Duty of tortfeasor
        
        Breach of duty
        
        Breach was the cause of injury
        
        Actual damage or injury
      - Common Negligence Torts
        
        Injuries from products
        
        Injuries resulting from the condition of a landowner's property
        
        Medical malpractice
    - - To recover for an intentional tort,
        the injured person must show three things
        
        Action: An act by the defendant
        
        Causation—the injury was caused by the defendant’s act or something set in motion by the act
        
        An intention to cause the consequences of the act
      - Common Intentional Torts
        
        assault (putting a person in fear of a wrongful touching)
        
        battery (a wrongful touching)
        
        trespass (invading someone’s property)
        
        false imprisonment (improperly confining a person)
    - - A tort is a private or civil wrong or injury for which where may be action for damages
- - - - Base on:
        
        From 2 parties (same state)
        
        From 2 parties (diferrent state)
        
        From 2 parties (1 party is a foreigner)
        
        Conflict relating to real estate
      - Jurisdiction of Court
        
        The power or authority of a court to hear cases
        
        Courts must have jurisdiction over the subject matter of the case and jurisdiction over the persons involved.
        
        Long-arm statutes
      - Venue
        
        Requires choosing the proper court
        
        The right to a particular venue
        
        In criminal cases
  - - - JUDGES AND MARSHALS
      - LAWYER
        
        attorney
        
        lawyer
        
        solicitor
        
        barrister
      - JURY
        
        12 people
        
        were randomly selected
        
        interviewed by the judge and lawyers of both parties
        
        Criteria: fairness, educational level, views on the death penalty
        
        the right to request a change of jury (with or without reason)
  - - - Federal court
      - State court