71 terms

Business Law Sp 2011

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
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
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
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
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
a civil wrong that causes harm or injury to another
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
any word or action intended to make another person fearful of immediate physical harm or expected harm
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
slander and libel
oral form of defamation heard by someone else
written form
The absolute defense against defamation
the truth
Attractive nuissance
having something that attracts "young children" ie. the tree
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
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
exclusive right for 20 years
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)
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
5. white color crime: embellzlement
6. bribery
7. money laundering
using mobster income against them to put them in jail
a crime; such as arson, murder, rape and robbery that carry jail time
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