Business Law Exam 1 Notes

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BMGT 380 Exam One Statutory Interpretation 1. Plain Meaning Rule: Courts are supposed to apply and interpret statutes (法令) according to their usual or ordinary meanings. 2. Legislative History (when 1 conflicts with 2,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.  hearings on proposed legislation ※  committee reports ※  amendments (修正案) to the legislation  proposed but defeated (废弃的,无效的) amendments - – most useful sources 3. General Public Purpose: the courts apply the statutory in light of (考虑到;从…的 观点) various general public purposes. (widely accepted general notions of public policy) 4.…show more content…
(想成为 corporation 必须先 incorporated,files a bunch of papers, most company incorporated in Delaware ∵那里对 corporation 有利) 注: 如果 1 个人是 MD 公民, 一个公司是 MD 和 CA 的 citizen, 不能 sue under the diversity J ∵公司必须不能是 MD 的,即使也是 CA 的 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 总结: In order to sue at the Federal level, you have to have Subject-Matter Jurisdiction + In Personam Jurisdiction, and also have proper Venue (V 只在那些 有多个 districts 的 State 会是个问题,要选择 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: 有些 cases 只能在 State 或者只能在 federal Courts 解决,而不能 concurrent J. 例: Patent cases must be litigated in the Federal system.) - The defendant has the option to remove the case to an federal district court (因为 federal Courts 的 judges usually better than state court) - The plaintiff has the option to remand (召回) the case back to state courts 2. Specialized Federal Courts - 例 1: Court of Federal Claims (which
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