Basic of Law

1. Intro

Understand the basics of law and the judicial system

Federal and State law

Federal law: created by Congress, applicable across all states
- Immigration
- Bankruptcy
- Social security
- If conflict, federal prevail
State law: applicable only within particular state
- Education
- Health
- State criminal

Courts

Trial courts: the courts where a case starts. Parties present evidence and make arguments, the judge make a decision
- Trial court is designed for fact-finding
Appellate courts: if a party is not satisfied with the decision, can appeal to higher court. Review the legal aspects, not factual evidence
- Why not factual evidence: not practical, waste of time
Supreme courts: highest court. Often deal with issues of constitutional and public importance. Decision is final and binding
- Final: last word on that particular legal issue
- Binding: serve as a precedent must be followed by all lower courts, becomes part of the legal framework
- Enforce: the decision is legally enforceable

Constitutional right

Civil rights

Agreements and Contracts

Contract is a binding agreement between two or more parties. To be enforcebale
- Offer
- Acceptance
- Intention to create legal relation (in business environment, not social and family)
- Consideration
Important to understand and clearly define the terms
Oral agreement can also be legally binding, although harder to prove

Terms of contact against law: the contract is void and unenforceable

Breach of Contract（违约）

What: a party fails to fulfill obligation, like failure to perform on time, not performing
Remedies（补救）：
- Damage：monetary compensation
- Fulfill obligation
- Cancellation and restitution

Ownership and leasing

Different type of ownership (joint tenancy（共同共有，均分）, tenancy in common（可拥有不同等，可以遗嘱处置）), property rights and obligation
Tenant rights and lease agreemen
- Habitable environment, right to privacy, protections against unfair eviction

Zoning Laws: help in planning and ensuring orderly development of communities

Regulate the use of land and structure. Determining what types of structure can be built in a particular area
Zoning law can affect property value, usage

Employee right

Wages and hours: regulate minimum wage, overtime pay, and hour worked
- Fair Labor Standards Act
Workspace safety

Choose the right lawyer

Work with the lawyer

Mediation(调解): neutral third party help the disputing parties to reach a mutual agreement, but does not impose a decision

Arbitration(仲裁): neutral third party hear the evidence and make decision

Reading and Analyzing

Filling legal documents