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International Business Law

International Business Law. Chapter 1 Background （ 2 ）. Areas of Law That May Affect Business Decision Making. Sales. Contracts. Agency. Arbitration. Business Decision Making. Business Organizations. Negotiable Instruments. Con. Product Liability. Judicial procedures.

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International Business Law

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  1. International Business Law Chapter 1 Background （2）

  2. Areas of Law That May Affect Business Decision Making Sales Contracts Agency Arbitration Business Decision Making Business Organizations Negotiable Instruments Con Product Liability

  3. Judicial procedures

  4. The pleadings Dismissals & Judgment before Trial Pretrial Procedures Discovery Pretrial Conference Jury Selection Opening Statement Present Evidence The Trial Closing Argument Jury Instructions Jury Verdict Mot. for Jdg in Accord with the Verdict Post Trial Motion for a New Trial Motion for Judgment N.O.V.

  5. Stages in a Typical Lawsuit Discovery(Formal Investigation: Depositions, Interrogatories, Other Discovery Request) Accident, or Breach of Contract Party consults with Attorney Motion for Summary Judgment Informal Investigation Further Discovery Plaintiff's Attorney Files Complaint Pretrial Conference Defendant Notified of Lawsuit Trial Posttrial Motions Defendant’s Attorney Files Answer to Complaint or Motion to Dismiss Appeal Motion for Judgment on the Pleadings Steps to Enforce and Collect Judgment

  6. Fixed fees may be charged for the performance of such services as drafting a simple will. Legal Fees Hourly fees may be computed for matters that will involve an indeterminate period of time. Contingency fees are fixed as a percentage of a client’s recovery in certain types of lawsuits, such as a personal-injury lawsuit. If the lawsuit is unsuccessful, the attorney receives no fee.

  7. Pretrial Procedures The Pleadings: The complaint and answer, taken together, are known as pleadings. Service of Process: The process of notifying the defendant of a lawsuit is called service of process. Waiver of Formal Service of Process The Defendant’s Response to the Complaint 2. Dismissals and Judgments before Trial: Motion to Dismiss Motion for Judgment on the Pleadings Motion for Summary Judgment

  8. The Plaintiff’s Complaint The pleadings Service of Process Affirmative Defense Answer Counte- claim The Defendant’s Response Motion To Dismiss Denial of the Motion Grant of the Motion No Response

  9. Motion for Dismiss Dismissals and Judgments Before Trail Motion for Judgment on the Pleadings Motion for Summary Judgment

  10. Dispositions Interrogatories Discovery Closing Argument Request for Admissioms Request for Documents, Objects, and Entry on Land Request for Examinations

  11. 4. Pretrial Conference5. Jury Selection: The process by which the jury is selected is known as voir dire. Chanllenges during Voir Dire:challenges the jurors peremptorilychallenges the jurors with cause Alternative Jurors

  12. The Trial Rules of Evidence Opening Statements Examination of Witnesses Direct examination Cross-examination Redirect examination Recross-examination Rebuttal Rejoinder

  13. 4. Closing arguments 5. Jury Instructions6. The jury’s VerdictPreponderance of the evidence: The plaintiff need only show that her factual claim is more likely to be true than the defendant.beyond a reasonable doubt

  14. Exercises 1. What are the main sources of International Business Law, British and American Law, and the Continental Law? 2. What kind of cases can be brought before the federal court in the United States? 3. What are the main differences between the two legal systems? 4. The state needed a portion of Beck’s land to construct a highway. If the state decides to take the land for the public welfare over Beck’s objection, may Beck have his case be heard by a court? 5. Friday failed to take seriously a lawsuit filed against him by Ranger. He completely ignored the papers describing the case and the request made by Ranger’s attorney directing him to appear in court and answer the allegations made by Ranger. Because of Friday’s course of action, Ranger’s attorney entered the proper papers in court allowing the case to proceed on evidence presented by Ranger alone. Friday claims that this procedure to defend himself in court. Is Friday correct?

  15. 7. Describe the relationship between International Business Law and that of Civil Law and Economic Law. 8. Describe the difference between Common Law and Equity Law. 9. The Securities and Exchange Commission was established under federal law to regulate the sale of stocks and bonds to the public. The rules and regulations of this government agency are examples of what type of law? 10. Dunn, a resident of Florida, was in an automobile accident caused by Greeley, a resident of Alabama. Dunn’s van was damaged to the extent of $ 3,500. May Dunn sue Greeley in the federal district court for Alabama? Why or why not?

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