Key Concepts in American Law: Sources, Courts, and Pleadings

University
University of North Carolina at Charlotte
Course
BLAW3150 | Business Law
Pages

5

Academic year

2023
Author

Dhruvil Patel
Views

0

Dhruv Patel BLAW-3150January 10, 2023 Chapter 1. Sources of American Law o The primary sources of law: o Derive from the constitutions of the land. o Along with the constitution of the land, the states too have constitutions o The secondary sources of law: o Derive from Legislation/Statutory Laws a. Local: City Council b. State: North Carolina General Assembly c. Federal: United States Congress  The tertiary sources of law: o Administration laws and regulations (both state and federal)  The quaternary sources of law: o Case Laws (both state and federal)  Customs, Common Laws, and Stare Decisis: o Stare Decisis means “Let the decision be”.  Mandatory vs. Persuasive Authority a. Mandatory = statutes, cases, or regulations that are binding on the court in your jurisdiction are must to be followed. b. Persuasive = primary law from another jurisdiction can be used to persuade a court in your jurisdiction Chapter 4. Court  Jurisdictions are in two types: a. Subject-Matter Jurisdiction b. Personal Jurisdiction o States have Long Arm Statutes and Minimum Contacts, which predict any sort of governance or jurisdictions over an out-of-state resident.  Cyberspace a. Conducts substantial business (Minimum Contact)b. Some interactivities through a website (Minimum Contact)c. Passive advertising (No Minimum Contact)  Court Structure

a. Trial Courtsb. Business Courtsc. Courts of Appeal d. North Carolina Supreme Court  Districts of North Carolina a. Western Districtb. Eastern Districtc. Southern District Dhruv Patel BLAW- 3150

January 12, 2023 Chapter 2. Pleadings  Plaintiff/Petitioner o Complaint  Defendant/Respondent o Motion to Dismiss o Motion to Strike o Motion for Judgement on the Pleadings o Answer a. Denialsb. Affirmative Defenses  Counterclaim  Discovery o Deposition o Interrogations o Request for Production of Documents o Request for Admissions o Request for Examination o e- Discovery  Trial o Jury Selection o Opening Statements o Admissions of Evidencea. Relevant to the Issues o Examination of Witnessesa. Direct Examination b. Cross Examinationc. Expert Witness o Closing Arguments o Jury Instructions o Verdict  Post-Trial Motions and Appeal o Motion for a New Trial o Motion for Judgement N.O.V. (Notwithstanding the Verdict)

o Appeal o Enforcement of Judgment o Insurance o Bank Levy o Seize Assets o Wage Garnishment Alternative Dispute Resolution o Negotiation o Mediation o Arbitration