sylltort

Text
Miller & Cross, West's Legal Environment of Business (6th Ed., 2007)
FYI - Any format, including a used text, will be sufficient for my class. (THOMSON NOW not needed)

BUSA 2106 Overflow policy
Unfortunately, this class closes out fast. I only allow overflows on the first day of class -- you need to show up at the class on that day (I usually only allow 3 people to overflow even if the classroom can accommodate more seats (zero overflows if there aren't enough seats seats); if more than 3 people want an overflow, I usually draw names). Best advice is to monitor my class during registration to see if someone drops. Sorry for the inconvenience!

§ 51-12-5.1.  Punitive damages

   (a) As used in this Code section, the term "punitive damages" is synonymous with the terms "vindictive damages," "exemplary damages," and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant.

(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.

(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.

(d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings.

   (2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable.

(e) (1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission.

   (2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attorney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Office of Treasury and Fiscal Services. Upon issuance of judgment in such a case, the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as punitive damages. A judgment debtor may remit the state's proportional share of punitive damages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Office of Treasury and Fiscal Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph.

(f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than an active tort-feasor.

(g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00.

Not Required: Small Claims (Magistrate Court) Link - Scroll down and SKIM "Civil: Frequently Asked Questions"
(some of the terms from Term Sheet 1 are contained on this site)

UNIT II - RECOMMENDED SUPPLEMENTAL READING (not required) -- sometimes there will be an extra credit exam question based on this material

Conduct a FREE TRADEMARK SEARCH - Comprehensive search = $ (can't rely on results of free search)

UNIT III - RECOMMENDED SUPPLEMENTAL READING (not required) -- no extra credit questions on exam 3

Found on the web (so it must be true):
A motorist was unknowingly caught in an automated > > > speed trap that measured his speed using radar and photographed > > > his > > > car. He later received in the mail a ticket for $40 and a photo of > > > his car. Instead of payment, he sent the police department a > > > photograph of $40. > > > Several days later, he received a letter from the > > > police that contained another picture, this time of handcuffs. > > > He immediately mailed in his $40.

§ 51-5-4.  Slander defined; when special damage required; when damage inferred

   (a) Slander or oral defamation consists in:

   (1) Imputing to another a crime punishable by law;

   (2) Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;

   (3) Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or

   (4) Uttering any disparaging words productive of special damage which flows naturally therefrom.

(b) In the situation described in paragraph (4) of subsection (a) of this Code section, special damage is essential to support an action; in the situations described in paragraphs (1) through (3) of subsection (a) of this Code section, damage is inferred.

§ 51-5-1. Libel defined; publication prerequisite to recovery

(a) A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule.

(b) The publication of the libelous matter is essential to recovery.

Before going into or conducting business with someone, it's a good idea to do a county background check on individuals. It may even be worth hiring a private investigator to gather information. Here are some relevant links:

Sign up if you wish to be notified when sexual offender moves into neighborhood: http://mapsexoffenders.com/

If you need to file a lawsuit; Magistrate Court Forms (you need to go to your particular county for proper forms)
Small Claims (Magistrate Court) Link

GETTING FREE CREDIT REPORTS

Georgia law already allows two free reports a year.

Get yours by contacting the bureaus individually:
Equifax: 1-800-685-1111
Experian: 1-866 200 6020.
TransUnion: 1-800-916-8800

Available in GA:
The three major credit bureaus --- TransUnion, Experian and Atlanta-based Equifax --- have created a joint clearinghouse where consumers can get one free copy of their credit report per year. Georgians can get their free reports beginning June 1, 2005. Here's the Web site and contact information: www.annualcreditreport.com
Annual Credit Report Request Service
P.O. Box 105281
Atlanta, Ga. 30348-5281
1-877-322-8228

Georgia's credit-freeze law goes into effect Aug. 1, 2008

Bureaus can't charge more than $3 for service under state's measure

By PÉRALTE C. PAUL
The Atlanta Journal-Constitution
Published on: 05/20/08

As of Aug. 1, Georgia consumers will be able to "freeze" their credit files, essentially preventing peeks at their credit history without their permission.

The purpose is to keep would-be identity thieves from obtaining credit cards, mortgages and other types of loans in other people's names.

The process is not necessarily easy. It takes several clicks on the credit bureaus' Web sites to find the information on how to freeze files. And even then, TransUnion and Equifax require consumers to mail in their requests. Experian allows them to freeze their files online.

Equifax: 1-800-685-1111
Experian: 1-866 200 6020.
TransUnion: 1-800-916-8800

If you ever need to place a fraud alert.

(eg. someone has access to your SS#, etc.)

TransUnion
Fraud Victim Assistance Department
Phone: 800-680-7289
Fax: 714-447-6034
P.O. Box 6790
Fullerton, CA 92634-6790

Equifax
Consumer Fraud Division
Phone: 800-525-6285 or: 404-885-8000
Fax: 770-375-2821
P.O. Box 740241
Atlanta, GA 30374-0241

Experian
Experian's National Consumer Assistance
Phone: 888-397-3742
P.O. Box 2104
Allen, TX 75013

SPECIALTY BUREAUS
Other companies that collect specific types of information about you also are covered by the new law. Here is a partial list of specialty bureaus, what information they collect and how to contact them:
> C.L.U.E. Personal Property and C.L.U.E. Auto: Your insurance loss information. 1-866-312-8076.
> ChoicePoint Workplace Solutions: Your employment history. 1-866-312-8075.
> Resident Data Inc. Tenant History: Your tenant history. 1-877-448-5732.
> MIB Group: Medical records and nonmedical information that affects your health, such as an adverse driving record. 617-426-3660.
> ChexSystems: Your handling of checking and savings accounts. 1-800-428-9623.
> TeleCheck: Your check-writing history. 1-800-366-2425.