Business Law Sp 2011

71 terms by tamarajisaac

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Dawkins ARC

The Law

A system of social control that recognizes and forces rights and duties

1/2 fundamental indiv rights

personal rights

1/2 fundamental indiv rights

property rights

Study of law

jurisprudence

1/3 major schools of jurisprudence

natural school of law

1/3 major school of jurisprudence

the historical school

1/3 major school of jurisprudene

the school of legal positivism

The natural school of law beliefs

God/nature is the source of the law. preordained rights

The historical school of law beliefs

defines the law as rules that have been developed in society and tested over time

The school of legal positivism beliefs

No law exist w/o government.

3 branches of gov. mandated by constitution

executive, legislative, judicial

seperation of powers

the allocation of authority amoung 3 seperate branches of government

Supremacy Clause

federal law always trumps state law

4 terms/sources of law

common law, judge made law, case law, decisional law

stare decisis

binds the courts to follow precedent

precedent

the first time that something happens and becomes "common law"

historical example of when a precendent was changed (very rare)

Plessy vs Ferguson/seperate but equal overturned

How many court systems

52-50 states, (1) washington, DC, (1) Federal court

Full Faith and Credit Law

Each state is required to respect the final judgements in other states

Example of full faith & credit law

A valid divorce in Florida cant be challenged in Texas

4 federal specialty courts

federal claims court, international trade, tax court, bankruptcy court

Ethics

the study of what constitues right or wrong

moral minimum

the min of ethical behavior expected by a business

duty based ethics

religious beliefs that dictate how a person/company act ie. guided by ten commandments

kanatian ethics

individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way

outcome based ethics

utilitarianism

utilitarianism

not based on absolute moral or absolute ethics ex. a good decision is one that results in the greatest good for the greatest number of people affected by the decision

cost benefit analysis

a decision making technique that involves weighing the cost of a given action against the benefits of the action

corporate social responsibilty

the idea that corporations can and should act ethically and be accouantable to society for their actions

Tort

a civil wrong that causes harm or injury to another

Tortfeasor

the one committing the tort

purpose of tort law

to compensate those who suffered a loss or injury due to another persons wrong doing

What is an intentional tort?

a wrongful act knowingly committed

assault

any word or action intended to make another person fearful of immediate physical harm or expected harm

battery

an unexcused and harmful offensive physical contact

4 defenses to assault & battery

1. consent ie. boxers, surgery
2. self defense
3. defense of others
4. defense of property

Types of intentional torts

1.False imprisonment
2.Intentional infliction of emotional distress ie. angry boyfriend calling parents with evil story
3. Defamation
4. Invasion of right to privacy
5. wrongful interference w/ business relationship ie. foot locker employees
6.intentional tort against property ie. tree on property

Defamation

slander and libel

slander

oral form of defamation heard by someone else

libel

written form

The absolute defense against defamation

the truth

Attractive nuissance

having something that attracts "young children" ie. the tree

Conversion

an intentional tort ie. You have someone property and u find out and dont return it. ie. Mink coat

Negligence: unintentional tort

duty of care requires everyone to act as a reasonable person

Two requirements for negligence

1. actual causation: but for their negligence this "accident" would not have happened
AND
2. proximate causation: reasonably foreseable; limits damages

example of actual causation

person rear ends car of freeway cuz they are shaving.. They are the actual and proximate cause for damages

example of proximate causation

person rear ends car and damages $100M painting...actual cause for car and body images but not proximate cause for paintings

Duty of Professionals

duty of care, higher standards for professionals like docs and dentist

One defense of negligence

assumption of risk ie. You know the risk and volunteer to do the activity n e way ie. race car driver

res ipsa loquitur

the facts speak for themselves ie. kaiser leaves metal in ur body

Dram shop acts

an action that can be taken against a bar, tavern or person that continues to serve alcohol to a drunk person and an accident occurs.

strict liability tort

1. engage in abnormally wreckless or dangerous bhvr ie. demolition co emploding building takes full responsibility if any injury occurs
2. Owning a non domesticated animal ie. you except n e responsibility if the animal harms n e one.

communications decency act 1996

initially it was designed to stop porn NOW it is designed to shield AOL (etc) and other companies from being sued by people that use AOL and post defaming comments

Intellectual properties

things that come out of your mind and can not be taken from you ie. books, camcorders etc

type of intellectual property

trademarks (golden arches), copyright, pattens

Patent

exclusive right for 20 years

Licensing

you can apply for a license for a company to use their intellectual property (ie. sony makes camcorder and pay for rights to copy then sony gets license fee and royalties)

Copyright

these are automatic (artist have copyright for songs) they must be written down. Copyrights last for the life of the artist plus 70 years

digital millennium copyright of 1998

Provide criminal penalities for trying to copy movies

trade secrets

N e thing of value to a company not covered by pattens, copyrights or trademarks (ie. customer list, ingredients, price list)

3 parts of criminal law

1. a wrong against society
2. proclaimed by statue (similar law on books)
3. punishable by society

2 major differences between civil and criminal law

1.burden of proof:higher in criminal law. Beyond a reasonable doubt vs. preponderance of the evidence
2.Verdict: unianimous jury vs. 3/4 or 9/12

mens rea

wrongful mental status

types of crime

1. robbery/felony: force or fear to persond during robbery
2. Burgulry: The unlawful injury with the intent to commit a felony
3. receiving stolen property
4.forgery
5. white color crime: embellzlement
6. bribery
7. money laundering

RICO

using mobster income against them to put them in jail

felony

a crime; such as arson, murder, rape and robbery that carry jail time

misdemeanor

a lesser crime punishable by a fine or jail up to a year

defenses to criminal liabiltiy

1. self defense
2. insanity
3.duress (can't be used for murder)
4. entrapment
5. infancy (seven and under)
6. involuntary (spiked drinks)
7. immunity

fourth amendment

search warrant needed

fifth amendment

1. cant be deprived of life, liberty or property w/o due process of the law
2.no double jeopardy
3. self incrimination protection

exclusionary rule

excludes all evidence if the 4,5, 6 amendment broken

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