3.31.11 Business Law

Class PowerPoint slides available on class website

Transactional Lawyering
• Looks at law in a different way- Preventative
• Trying to find out how to avoid risk/litigation
➢ EX Employment Manuals
➢ EX Business Form- Corporation, LLC, etc.
Provide Option based advice

Contracts
o Important focus- touch every area of law

Sources of Law
Constitutions- Fed/State
➢ Protects individual rights from government action
• Right to privacy protections stronger in WA
• Right to bear arms stronger in WA
➢ Forms justice system

Legislation- Fed/State/Local
➢ Derives power from Const. Art. 1 Sec 8
➢ WA Const. more restrictive of government power
➢ "No one who love sausage or law should watch either one being made"

Judge-Made Law
➢ Federal- from published appellate court (changing to include unpublished opinions)
➢ State- from published appellate court
➢ www.courts.wa.gov - sign up for email of court opinions

Agency Regulations- Fed/State
➢ Washington Administrative Code
➢ Code of Federal Regulations

The Court System
➢ The 3-tiered system
➢ Trial Courts/District Court
➢ Intermediate court of appeals-Division/Circuit
➢ Supreme Court

Federal Courts
➢ Federal Law
➢ Diversity + 75k

Primary Authority
➢ Binding
➢ Statutes, Case Law, Constitutions

Secondary
➢ Persuasive/Non-binding
➢ Good research tools
➢ Restatements- Treatises treated with great respect by court
➢ Uniform Laws Annotated- Uniform Commercial Code- for uniformity across states

The prima facie case
➢ Elements of the case- from statutes, case law, etc.
Defenses
➢ The basic defenses
• I didn't do it
• It was legally justified
• It doesn't matter whether I did it or not because of procedural barrier

IRAC
➢ Issue
➢ Rule
➢ Application of rule to facts
➢ Conclusion

Procedural Issues
➢ Camreta Case
➢ Standing
➢ Case or Controversy
o RAP 3.1- Washington's "Aggrieved Party" rule

Law of Torts
The Dilemma
Advising Clients
➢ How to avoid risk
➢ The Rahman case
➢ Respondeat Superior
➢ Scope of Employment
➢ Legislature intends to override

Intentional Torts
Defamation/Libel/Slander
➢ Statement
➢ False- reckless disregard
➢ Published- made to another
➢ Causes injury
Defense: TRUTH

Assault

Battery

False Imprisonment
Defense: Reasonable, justified

Invasion of Privacy/Commercial Exploitation
Reed v. Pierce County

Outrage

Fraud

Interference with Contracts
➢ Existence of valid contract
➢ Knowledge of the relationship
➢ Intentional interference
➢ Damage

Negligence
➢ Duty
➢ Breach
➢ Causation
➢ Injury

Negligent Infliction of Emotional Distress

Contributory Negligence/Assumption of Risk

WA is only state to completely waive sovereign immunity
Joint and Several Liability
➢ Even defendant only 1% at fault may be sued

Strict Liability
In participating in some limited activities, a business will be liable for harm even though no duty was breached; no intentional tort committed.
EX Product Liability
Defense: Assumption of risk/misuse of the product

Damages
How do you determine value of case?