Wednesday, May 6, 2020

Business Law Exam 1 Notes - 1954 Words

BMGT 380 Exam One Statutory Interpretation 1. Plain Meaning Rule: Courts are supposed to apply and interpret statutes (æ ³â€¢Ã¤ » ¤) according to their usual or ordinary meanings. 2. Legislative History (when 1 conflicts with 2ï ¼Å'consider 2 first): if legislative history suggests a different outcome than plain meaning rule, the court then will mostly likely do what the legislative history suggests. ïÆ'Ëœ hearings on proposed legislation †» ïÆ'Ëœ committee reports †» ïÆ'Ëœ amendments (ä ¿ ®Ã¦ ­ £Ã¦ ¡Ë†) to the legislation ïÆ'Ëœ proposed but defeated (Ã¥ ºÅ¸Ã¥ ¼Æ'çš„ï ¼Å'æâ€"  Ã¦â€¢Ë†Ã§Å¡â€ž) amendments - – most useful sources 3. General Public Purpose: the courts apply the statutory in light of (è€Æ'虑åˆ °Ã¯ ¼â€ºÃ¤ »Å½Ã¢â‚¬ ¦Ã§Å¡â€ž è §â€šÃ§â€š ¹) various general public purposes. (widely accepted general notions of public policy) 4.†¦show more content†¦(æÆ' ³Ã¦Ë† Ã¤ ¸ º corporation Ã¥ ¿â€¦Ã© ¡ »Ã¥â€¦Ë† incorporatedï ¼Å'files a bunch of papers, most company incorporated in Delaware ∠µÃ©â€š £Ã©â€¡Å'Ã¥ ¯ ¹ corporation æÅ"‰åˆ ©) æ ³ ¨: Ã¥ ¦â€šÃ¦Å¾Å" 1 ä ¸ ªÃ¤ º ºÃ¦Ëœ ¯ MD å… ¬Ã¦ °â€˜Ã¯ ¼Å' ä ¸â‚¬Ã¤ ¸ ªÃ¥â€¦ ¬Ã¥  ¸Ã¦Ëœ ¯ MD å’Å' CA çš„ citizenï ¼Å' ä ¸ Ã¨Æ' ½ sue under the diversity J ∠µÃ¥â€¦ ¬Ã¥  ¸Ã¥ ¿â€¦Ã© ¡ »Ã¤ ¸ Ã¨Æ' ½Ã¦Ëœ ¯ MD çš„ï ¼Å'Ã¥  ³Ã¤ ½ ¿Ã¤ ¹Å¸Ã¦Ëœ ¯ CA çš„ 2 Federal Question J: exists when 1) the case arises under the U.S Constitution laws, Federal Law, or U.S treaty. 2) There is NO amount-in-controversy requirement for Federal Question J æ€ »Ã§ »â€œ: In order to sue at the Federal level, you have to have Subject-Matter Jurisdiction + In Personam Jurisdiction, and also have proper Venue (V Ã¥  ªÃ¥Å" ¨Ã©â€š £Ã¤ ºâ€º æÅ"‰å ¤Å¡Ã¤ ¸ ª districts çš„ State ä ¼Å¡Ã¦Ëœ ¯Ã¤ ¸ ªÃ©â€" ®Ã© ¢ËœÃ¯ ¼Å'è ¦ Ã©â‚¬â€°Ã¦â€¹ © which district to pick) Concurrent Jurisdiction: Often, federal district courts have C J with state courts, meaning that both state and federal courts have Jurisdiction over the case. (notes: æÅ"‰ä ºâ€º cases Ã¥  ªÃ¨Æ' ½Ã¥Å" ¨ State æˆâ€"者å  ªÃ¨Æ' ½Ã¥Å" ¨ federal Courts è § £Ã¥â€  ³Ã¯ ¼Å'è€Å'ä ¸ Ã¨Æ' ½ concurrent J. ä ¾â€¹: Patent cases must be litigated in the Federal system.) - The defendant has the option to remove the case to an federal district court (å›  Ã¤ ¸ º federal Courts çš„ judges usually better than state court) - The plaintiff has the option to remand (Ã¥  ¬Ã¥â€ºÅ¾) the case back to state courts 2. Specialized Federal Courts - ä ¾â€¹ 1: Court of Federal Claims (whichShow MoreRelatedHrm 517 Week 6 Assignment 1 Planning Document896 Words   |  4 PagesHRM 517 WEEK 6 ASSIGNMENT 1 PLANNING DOCUMENT To purchase this visit here: http://www.activitymode.com/product/hrm-517-week-6-assignment-1-planning-document/ Contact us at: SUPPORT@ACTIVITYMODE.COM HRM 517 WEEK 6 ASSIGNMENT 1 PLANNING DOCUMENT HRM 517 Week 6 Assignment 1 - Planning Document You have recently been appointed head of human resources and are now in charge of managing a small team. 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