Business Litigation

A business contract is a legally binding agreement between two or more parties that outlines the terms and conditions of their relationship. These contracts are the foundation of any company because they provide a clear framework for each party's expectations,...

In this “post-pandemic”economy, many people are looking to start their own business. 2021 saw a 23% YOYincrease in new businesses registered. Any successful business must start witha business plan. A business plan must contain aset of business goals: o  The reasons they are believed to be obtainable, and the plan for reaching those goals. A professional business plan consists of…

by Professor Frank B. Cross Types of product defects Manufacturer defect: The product was manufactured in a way that made it unsafe. Design defect: The product was designed in a way that made it unsafe. EXAMPLE: Ford Pinto case – gas tank was designed to be manufactured too close to the rear bumper. Defect must make the product unreasonably dangerous.…

by Professor Frank B. Cross Defenses To Defamation Absolute Privileges: Judges – A judge can call a defendant a “thief” and is absolutely immune from suit. Elected officials – A Congressman can speak freely on the floor of the House of Representatives. NB: Does not extend outside of the legislative chambers. Qualified privileges: Public figures: If a public figure, you…

by Professor Frank B. Cross Defenses To Negligence Comparative negligence: The Plaintiff’s recovery is reduced by his/her proportionate share of liability for the Plaintiff’s harm. Assumption of risk: The Plaintiff assumed the risk if the Plaintiff: (1) saw the risk was present, (2) saw the implication of the risk and (3) assumed that risk. EXAMPLE: When you go skiing, you…

by Professor Frank B. Cross Tort law requires: (1) a duty which is breached and (2) a legally protected interest. Everyone has a duty to behave as a “reasonable person,” though some people have a higher duty of care (e.g., a doctor) and others have a lower standard (e.g., children and the mentally impaired). Even if you have breached a…

Persuasive Skills For Lawyers In Trials, Appeals, Arbitrations And Motions by Brian K. Johnson and Marsha Hunter. Opening Statement And Closing Argument: This is the only time where you memorize and recite 1-3 sentences to start. If you try to rely upon being spontaneous, you will fail. Your brain needs this to jump start. An open position of the body…

Persuasive Skills For Lawyers In Trials, Appeals, Arbitrations And Motions by Brian K. Johnson and Marsha Hunter. Move with a sense of purpose If the Judge allows you the freedom to move, only do so with a purpose, your movement in the courtroom is at the complete discretion of the Judge. Know what your Judge will allow and adjust your…

Persuasive Skills For Lawyers In Trials, Appeals, Arbitrations And Motions by Brian K. Johnson and Marsha Hunter. “The amount of mental content in an interval determines its subjective duration.” – Robert E. Ornstein Posture And Alignment: Posture refers to the position/bearing of the body. The body must be upright and erect with the head held high. Observe a dancer on…

Persuasive Skills For Lawyers In Trials, Appeals, Arbitrations And Motions by Brian K. Johnson and Marsha Hunter. “Any fool can know. The point is to understand.” – Albert Einstein Great lawyers share the ability to capture the essence of an idea and express in it ways that convince others of its inherent strength and persuasiveness. Clients want experienced trial lawyers.…