# Law Overview ## General Principles of the US Government #### Types of Law * **Federal Law** * **State Law** * **Statutory Law** * **Common Law** * **Foreign Treaties** ![[Pasted image 20261013182733.png|700]] #### Structure of the US Government * **Legislative:** Makes the laws. * **Executive:** Enforces the laws. * **Judicial:** Decides the laws. ## Organization of the Courts * **Trial Courts:** Where all cases are initially brought. * **Appellate Courts** * **Supreme Court** ## Court Cases * **Decision Makers:** Judges decide questions of law; juries decide questions of fact. * **Stare Decisis:** Trial courts must give deference to the previous decisions of higher courts (appellate or supreme courts) unless there is a compelling reason to change the law. * **Subject Matter Jurisdiction:** A court’s ability to hear a particular case. Lawsuits are typically filed in a court where the injury/accident occurred, or where a defendant resides. * **Personal Jurisdiction:** A court’s ability to exercise power over a person. The court must have sufficient minimum contacts with the parties to make the exercise of its power reasonable. ## Due Process * Notice of the charges against you. * Opportunity to present your side of the case. * The right to have your case heard before an impartial judge. ## Burden of Proof * **Criminal:** Beyond a Reasonable Doubt. * **Civil:** By a Preponderance of the Evidence. ## Injunctions (3 Types) 1. **Temporary Restraining Order (TRO):** Cannot last any longer than 14 days. 2. **Preliminary Injunction:** Lasts until the trial is complete. 3. **Permanent Injunction:** Enforced as part of a final judgment in a trial. # Criminal Court >[!quote] "Offense against society" ## Types of Crimes *Ordered by severity* * **Felony** * **Gross Misdemeanor** * **Misdemeanor** * **Infraction** ## Details * **The Insanity Defense** * **Penalties:** May include money damages and/or incarceration. ## Parties Names of the parties are the *Prosecutor* and the *Accused*/*Defendant*. ## Criminal Procedure The following Amendments apply to criminal actions: * **4th Amendment:** Protection from unreasonable search and seizures. * **5th Amendment:** Right to due process; right against self-incrimination. * **6th Amendment:** Right to a speedy trial; right to a trial by a jury of your peers; right to assistance of counsel. * **Four Miranda Warnings**: * Right to remain silent * Anything you say can and will be used against you in a court of law * Right to an attorney * If you cannot afford an attorney then one will be provided. --- # Civil Court >[!quote] Offense against Individual / Company ## Parties Names of the parties are the *Plaintiff* (the one suing) and *Defendant* (the one being sued). ## Cease & Desist Letters * **Requirements:** * Should state your identity. * The property that you own. * Where you encountered infringing work. * Should ask the other party to pay royalties or to stop infringing your work. * **Restriction:** Should not threaten legal action. ## Procedure * **Initiation:** Begun by the filing of a Summons and Complaint, followed by serving them to the defendant. * **Complaint Requirements:** * Identification of the parties. * Jurisdiction of the court. * Facts of the case. * Cause(s) of action. * Relief requested. * **Punishment:** Only includes the recovery of money damages or the issuance of an injunction. ## Alternatives to Litigation * **Mediation:** A neutral party tries to help the parties to a lawsuit reach an agreement. * **Arbitration:** Acts as sort of a mini-trial, with attorneys and a person who acts as a judge. Can be used either to test the merits of a lawsuit or can be required by the terms of a contract. ## Statute of Limitations A legal action to claim damages must begin within a specific amount of time, or else your rights are lost. ### Torts * **2 Years:** Assault, battery, false imprisonment, defamation (libel & slander), nuisance. * **3 Years:** Other torts, including negligence, fraud, and personal injury. ### Criminal Law * **3 Years:** Most felonies. * **No Limit:** Murder or felony murder. * **2 Years:** Gross misdemeanor. * **1 Year:** Misdemeanor. ### Contracts * **6 Years:** Written contract. * **3 Years:** Oral contract. * **4 Years:** Contract for the sale of goods. ### Appealing Your Case If you do not win at trial, you can do either of the following within **30 days** of the entry of the final judgment: 1. File a motion for a new trial. 2. File an appeal. --- # Contract Law ## General Contract Principles #### Types of Contracts * Express vs. Implied * Express $K$ is bargained for exchange by written or oral agreement. * Implied $K$ - neccessary intent exhibited by actions or performance of parties. Implied in Fact - real $K$, but did not agree on fee. Implied in Law - avoid unjust enrichment, quasi contract, quantum meruit. * Bilateral vs. Unilateral * Bilateral - Promise in exchange for a promise, both are enforceable. * Unilateral - a promise in exchange for an act, ex, reward offer. * Executory Contracts - Contract that has yet to be performed. * Divisible Contracts - $K$ with multiple parts each which may be separately completed. ## Contract Formation >[!quote] Acronym: OACLLS #### Offer * Requires clear and definite terms which show an intent to be bound. * Must be communicated to the offeree. * Offeree has to be aware of the offer at the time of acceptance. * Can be rejected by the offeree. * Can be revoked at any time prior to acceptance. * If no time is stated for acceptance, a reasonable time must be given. * May expire upon mental incapacity or death of the offeror or offeree. #### Acceptance * Offer is personal and not assignable. * Substantial part-performance by the offeree prohibits revocation of the offer. #### Consideration * Valid consideration is a benefit to the promisor or a detriment to the promisee. * **Invalid Consideration:** Past consideration, pre-existing duties, and gifts. #### Legal Subject Matter * Contract may be void if the subject matter of the contract becomes illegal. #### Legal Capacity * Contract may be void if the parties to the contract lack capacity. ## The Statute of Frauds *Not really related to fraud*, but a specification to what contracts are required to be in writing and signed physically: * Marriage contracts. * Contracts specifically intended to last more than one year. * Goods contracts valued at more than $500. * Land sales or leases. * Providing a guarantee for the debt of another. ## Voidable Contracts * **Mistake:** * Unilateral Mistake. * Mutual Mistake: Not enforceable because there was never a “meeting of the minds.” * **Unconscionability:** * *Procedural:* High-pressure bargaining or extreme sales tactics. * *Substantive:* Unfair terms in the text of the contract. * **Fraud:** Requires a false statement of fact, intended to cause reliance, which is relied upon, resulting in damages. * **Fiduciary’s Undue Influence:** Fiduciary (guardian, attorney, corporate directors, trustees, etc) * **Promissory Estoppel:** Requires a promise, reliance on the promise, and a material shift by the person relying on it. The promisor is then estopped from denying the promise was made. If the $K$ was reliant on some fact to be true outside the parties controls and that fact turns out to be false - then it can be voided. * **Duress** - Contracting party was coerced or threatened to give consent. Economic Duress is where some things were required but unavailable from other sources (ie. farmer contracts to sell their harvest but their farm is hit by flood or whatever) >[!note] Acronym: MUFF >- Mistakes >- Unconscionability >- Fraud >- Fiduciary's Undue Influence >- Promissory Estoppel >- Duress ## Interpretation of $K$ - II PACC * Intentions of Parties Control * Objective intentions of the parties control interpretation of $K$ terms. * Incorporation by Reference * Incorporation of other documents is possible if $K$ refers to another document w/ reasonable certainty. In case of any conflict the most recent document controls interpretation. * Parole Evidence Rule (DUCAS exceptions) * Ambiguity * Ambiguous wording, can be enforced if one knows of the ambiguity and failed to inform the other * Controlling Statue * Conflict of Laws * Parties reside in different jurisdictions, reasonably related $K$ designation controls * If $K$ specifies forum then its usually enforceable unless a party can show the forum is very unfair or unreasonable. ### The Parol Evidence Rule If a contract is considered “integrated” (the parties specifically state that the contract represents their entire agreement), outside evidence which contradicts the contract may not be introduced. >[!quote] DUCAS acronym >- Defect in formation >- UCC Performance, Dealings, and Trade terms - Evidence may be allowed to clarify intent >- Condition Precedent - Evidence of non-occurrence of expected condition >- Ambiguity Clarification - Evidence may be allowed to define interpret, or clarify an ambiguous term. >- Subsequent Modifications - Evidence of subsequent $K$ modifications which change the meaning of one or more terms. ## Performance and Breach of Contracts >[!quote] Acronym 'F-SENB' >- Full satisfactory performance >- Substantial performance >- Excusable nonperformance (CIISSU) >- Nonperformance, but agreement >- Breach of $K$ #### Full Satisfactory Performance *Common Law:* Parties may be required to pay even if the contract was not fulfilled exactly. A minor breach will not relieve the other party from the duty to pay. *UCC (Sale of Goods):* No duty to pay unless delivery is exactly what is expected. #### Substantial Performance * Applies where a substantial benefit was received and the perf defet is minor, but there was no bad faith. Damages are deduced from $K$ price but must be *more than just cosmetic*. #### Excusable Non-Performane >[!quote] Acronym: CIISSU * Cooperation or Hindrance - Lack of cooperation or hindrance by a party. * Illegality of the contract after formation. * Incapacity or death in a personal services contract. * Source of supply destroyed. * Subject matter destroyed. * **UCC Failure of a Presupposed Condition:** e.g., War, terrorist attack, fire, local crop failure, power outage, earthquake. #### Non-Performance by Agreement * **Rescission:** Where both parties agree to call off the contract before any party has performed. #### Breach of $K$ Occurs if no substantial performance, performance is not excused, and no agreement has been reached for accord, satisfaction, novation, cancellation, or release. * **Material Breach:** Completely relieves the non-breaching party of any duty to perform. * **Mitigation:** Parties have a duty to mitigate (lessen) damages. ### Remedies - MRS DAISI * Money Damages * Rescission / Reformation / Replevin / Restitution * Puts parties in pre-$K$ position, ex. making a company pay for your medical bills * Specific Performance * Order by court for breaching party to complete performance, may not be used to enforce a personal service $K$ (no slavery) * Declaratory Judgement * Accounting * Occurs where court determines not only basic liability issues, but also proper judgement amount, eg. partnership dissolution or royalties in patent case. * Injuctions * Court order to stop an action * Temporary Restraining Order (at most 2 weeks) * Preliminary Injuction (neighbor can no longer dump shit onto your yard while they are being sued for it) * Permanent Injunction (neighbor can no longer dump shit onto your yard full stop) * Statue of Limitations Bar * Actions must be brought before a court within a time period. * 6 years for written $K$ * 3 years for oral $K$ * In Quasi-Contract * Not really a $K$ but legal fiction which seeks fair market valued * Ex. doctor who provides emergency medical treatment to unconscious patient, or an innocent who $P$ mistakenly provided a valuable service to the wrong party. ### Third Party Issues (TAD) * Third Party Beneficiaries * Third person must be clearly intended and specified in $K$ to receive rights & benefits * Assignment of Rights * Includes both assignment of rights & delegation of duties * Delegation of Duties * Duty to perform under $K$ delegated to third party who affirmatively promises to perform. ## Common Law Contracts * **Subject Matter:** Services, intangibles, and real estate. * **Acceptance:** Must be unequivocal, unconditional, and a mirror image of the offer. Non-conforming acceptance results in a counter-offer. ### Contracts for the Sale of Goods * Applies only to the sale of goods under **Article 2 of the Uniform Commercial Code (UCC-2)**. * Imposes a duty of good faith on all parties. * **Offer:** Only the quantity of goods must be specified. * **Acceptance:** Can be executed by any reasonable manner. * **Insecurity:** On receipt of a written demand by an insecure party, the other party must give reasonable written assurance of performance within a reasonable time. #### Warranties A guarantee or promise which provides assurance and becomes part of the basis of the contract. * **Express Warranty** * **Implied (by Law) Warranty:** Does not have to be in writing. Includes: * Warranty of Merchantability. * Warranty of Fitness for a Particular Purpose. * Warranty of Good Title and Against Infringement. # Intellectual Property Law ## Basic Property Rights #### Types of Property * Real Property (house, land) * Personal Property (hair brush, clothes, car) * Intangible Property (stocks and bonds, intellectual property) #### Property Principles * **Ownership Entities:** Persons, multiple people, businesses, or governments. * **Associated Rights:** Possession, control, exclusion, enjoyment, and the right to pass property to one's heirs. Ownership of property is described as *"a bundle of sticks"*. #### Real Property rights: - Right of Posession - Right of control - Right of exclusion - Right of enjoyment - Right of disposition #### Real Property Responsibilities - Payment of property taxes - Property maintenance - Adherance to Zoning Regulations ### How to own property #### Acquisition * Purchase it with money * Trade it for other property * Win it in a bet * Receive as gift * Inherit * Find it * Receive it as damages * Earn it by doing work or performing services * Make it #### Transfer * Sell for money * Exchange for other property * Give as gift * Misplace it * Have it taken through legal means: * Eviction * Foreclosure * Repossession * Seizure * Taking #### Illegal ways of acquiring property * Theft * Robbery * Burglary * Embezzlement (fiduciary duty required) * Fraud ### Possession Possession is the control a person intentionally exercises towards something: - Possession - The right of possession - Ownership Can be 'actual' or 'constructive.' ### License A license is a $K$ between two (or more) parties to come onto or use the property of another. - Generally revocable at will of the licencor - May be either exclusive or non exclusive. ## Intellectual Property * Copyrights * Trademarks / Service Market * Patents * Trade Secrets * Trade Dress * Rights of Publicity Sometimes considered as 'negative' rights because they only give you the power to stop others from doing something. ### Copyright * **Definition:** Protects an original work of authorship affixed in a tangible medium of expression. Protects the *expression* of an idea, not the idea itself. * **Protected Creative Works:** Literary, musical, dramatic, pantomimes/choreographic, pictorial/graphic/sculptural, motion pictures/audiovisual, sound recordings, compilations, and derivative works. * **Rights Granted:** Reproduction, preparation of derivative works, distribution (sale, rental, lease, lending), public performance, and public display. * **Work for Hire:** The copyright of anything created during employment belongs to the employer. * **Duration:** * *Individual:* Life of the author + 70 years. * *Work for Hire:* The earliest of 95 years from first publication or 120 years from creation. #### Copyright Infringement & Litigation * **Requirements:** A protected work, proof that the defendant copied it, and proof that the copying constituted an infringement. * **Remedies:** Injunctions and damages. * *Unregistered works:* No damages. * *Registered after infringement:* Actual damages. * *Registered before infringement:* Actual damages + statutory damages ($750 to $30,000 per copy at court discretion) + attorney’s fees. #### Limitations & Modern Tech * **Independent Creation:** Infringement requires proving the defendant had knowledge of and access to the preexisting work. * **Utility:** Only expressive aspects are protectable, not functional elements. * **First Sale Doctrine:** Distinguishes ownership of a physical copy from holding a license. * **International:** Protected via the Berne Convention. * **Emerging Areas:** Game emulators, 3D printing/modelling, Artificial Intelligence, fan-produced works/fan-fiction. ### Patent * **Rights Granted:** Right to exclude others from making, selling, or using your invention. * **Duration:** 20 years from the date of filing. * **Requirements:** No public disclosure, utility, novelty, and non-obviousness. * **Application Elements:** * *Specification:* Must enable one of ordinary skill in the art to implement it without undue experimentation. * *Claims:* Specifically stake out what is protected. Unclaimed disclosed material is given to the public. * *Office Actions & Prior Art:* Applicants have a duty to search prior art. #### Types of Patents * **Utility Patent:** Protects the implementation of a useful item. * **Design Patent:** Protects the ornamental, non-functional design of a useful article. * **Plant Patent:** Protects an asexually reproduced plant invented or discovered. ### Trademark * **Definition:** Used as a “source identifier” for goods/services to protect consumers. * **Eligible Items:** Words, phrases, symbols, colors (non-functional), sounds, product shapes (non-functional), smells, or anything serving as a source identifier. * **Duration:** Lasts as long as the mark is used in commerce; a Statement of Use must be filed every 10 years. * **Trademark Classes:** 34 classes of goods and 11 classes of services. Separate fees apply for each class registered. #### Sources of Trademark Law * **State Law:** Valid only within state boundaries. * **Federal Law:** Grants protection throughout all 50 states and territories. * **Common Law:** Rights established simply through use in commerce; registration is not required. * **Foreign Treaties:** The Madrid Protocol allows for easy registration of US trademarks abroad. #### Infringement & Dilution * **Infringement Elements:** A use in commerce that causes a likelihood of confusion regarding origin, affiliation, association, or sponsorship. * **Spectrum of Distinctiveness (Weakest to Strongest):** Generic → Descriptive → Suggestive → Arbitrary → Fanciful. * **Evaluation Factors:** Strength of mark, similarity, market overlap, actual confusion, product quality, and consumer sophistication. * **Dilution:** Requires a famous mark. Takes two forms: * *Blurring:* Harms the distinctiveness of the famous mark. * *Tarnishment:* Associates the famous mark with unsavory subject matter (e.g., pornography). ### Additional IP Concepts * **Trade Secret:** A secret device or technique used in manufacturing. Protection is infinite until disclosure. No protection against reverse-engineering. * **Trade Dress:** Protects the visual appearance/packaging of a product. * **Right of Publicity:** Protects a famous person’s likeness, voice, or unique characteristics. Governed strictly by state law (no federal right). Location of death impacts heirs. ### Brand Licensing * **License Definition:** The right to come onto or use the property of another. * **Brand Composition:** Identity, image, personality, character, culture, and essence. Can be exclusive or non-exclusive. * **Licensability Factors:** Strong identity, broad awareness, emotional connection, elasticity, unique point of difference, commercial opportunity, and competitive edge. * **Application:** Heavily utilized in fashion design.