What is Law?
The enforceable rules of conducts that govern the actions of buyers and sellers in the market exchanges
Private Law
- Regulates disputes between private individuals or groups
Public Law
- Regulates disputes between private individuals or groups and their government
Functional Areas of Business Affected by Business Law
o Corporate management
o Production and transportation
o Marketing
o Research and development
o Accounting and finance
o Human resource management
Purposes of the Law
o Providing order
o Serving as an alternative to alteration
o Facilitating a sense that change is possible
o Guaranteeing personal freedoms
o Serving as a moral guide
Civil Law
the body of laws that govern the rights and responsibilities involved in relationships between persons and between persons and their government
Criminal Law
A classification of law involving the rights and responsibilities an individual has with respect to the public as a whole
Sources of Business Law
o Constitutions
o Statutes
o Cases (common law)
o Administrative law
o Treaties
o Executive orders
Cyber Law
A classification of law regulating business activities that are conducted online
Constitutional Law
The general limits and powers of a government as interpreted from its written constitution
Statutory Law
The assortment of rules and regulations put forth by legislations
Precedent
A tool used by judges to make a ruling on cases on the basis of key similarities to a previous case
Administrative Law
the collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes
Natural Law
A school of jurisprudence that recognizes the existence of higher law, or law that is morally superior to human law
The U.S. Dual Court System
o Federal trial courts (U.S. District Courts)
o Intermediate Courts of Appeal
o United States Supreme Court
State Court Systems
o State Trial Courts
o Intermediate Courts of Appeal
o Courts of Last Resort
Original Jurisdiction
The power to hear and decide cases when they first enter the legal system
Appellate Jurisdiction
The power to review previous judicial decisions to determine whether trial courts erred in their decisions
In personam Jurisdiction (personal jurisdiction)
The power to render a decision affecting the rights of specific persons before the court
Subject-Matter Jurisdiction
The power to hear certain kinds of cases
Trial Court
A court in which most civil or criminal start when they first enter the legal system. The parties present evidence and call witnesses to testify. AKA courts of common pleas or county courts in state court systems and district courts in federal system
Appellate Court
A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court when a losing party files for an appeal
Subject-Matter Jurisdiction: Exclusive Federal Jurisdiction
o Bankruptcy cases
o Federal criminal prosecutions
Will not be heard by state courts
o Cases in which one state sues another state
o Claims against the United States
o Federal patent, trademark, and copyright claims
o Other claims involving federal statut
Plaintiff
the person or party who initiates a lawsuit before a court by filing a complaint with the clerk of the court against the defendants
Defendant
the person, party, or entity against whom a civil or criminal lawsuit is filed in a court of law
Subject-Matter Jurisdiction: State Jurisdiction
All cases not falling under exclusive federal jurisdiction
Subject-Matter Jurisdiction: Concurrent Federal Jurisdiction
o Federal-question cases
o Direct question of federal law
o Diversity-of-citizenship cases
o Amount in controversy exceeds $75,000
o Parties live in different states
o If the thing you sue over, is in question of federal law, you can sue in federal court
Venue
the court's geographic location, determined by each states statutes
o Change of venue
When the court location where plaintiff files case is inconvenient to defendant.
o the court's geographic location, determined by each states statutes
Threshold Requirements for Litigation
o Standing (to sue)
Someone can't file a lawsuit for you; don't have right to have the information
o Case or controversy (justiciable controversy)
Actual dispute/fight between the 2 of you; HAS to be a physical fight and ripe for decision
Steps in Civil Litigation: The Pretrial Stage
o Informal negotiations
Trying to resolve situation before sue'ing someone
o Pleadings
o Service of process
o Defendants response
o Pretrial motions
o Discovery
Where both sides get all the evidence that could be used against them;
� written discovery - l
Steps in Civil Litigation: The Trial
o Jury selection
o Opening statements
o Examination of witnesses and presentation of evidence
o Closing arguments
o Jury instructions
Steps in Civil Litigation: Appellate Procedure
o Either part or both parties may appeal a judge's decision
o Requires a prejudicial error of law
Don't appeal on the action findings, appeal on error of law
o Must file notice of appeal
o Appellant must file a brief
o Oral arguments
o Decision
Appellate Court Decision-Making Powers
o Affirmation
o Modification
o Reversal
o Remand
Advantages of Arbitration
o More efficient than litigation
Set the pace yourself; private
o Less expensive than litigation
o Parties have more control over the process of dispute resolution (parties choose the arbitrator and determine how formal the process will be)
All done by ag
Depositions
When lawyers sit down and ask all the questions; someone else writes down everything said verbatim; must be during a dually dated time and & sworn in for it to be credible
Actus Reus
Wrongful behavior (guilty act)
Mens Rea
guilty mind
Felony
a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.
Misdemeanor
(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct. Less than a year.
petty offense
In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation. small fine or short jail sentence
white collar crime
Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.
Crime affecting business: White Collar
-Bribery
-Extortion
-Fraud
-Embezzlement
-Computer Crimes
Criminal Procedure
The government brings criminal cases for offenses committed against the public at large.
Civil Procedure
set of legal rules establishing how a civil lawsuit proceeds from beginning to end.
Fourth Amendment
Protects against unreasonable search and seizure. Restrictions on warrants.
Fifth Amendment
prohibits double jeopardy
right not to incriminate oneself
right to due process
Sixth Amendment
Right to a speedy and public trial
Eight Amendment
Prohibits cruel and unusual punishment and excessive bail or fines.
Fourteenth Amendment
Extension of the right to due process to all state matters and most constitutional rights to defendants at the state level
Court of Appeals for the Federal Circuit
A U.S. Court of Appeals in Washington DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.
U.S. Circuit Court of Appeals
hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters
Federal Court System
US District Court, Court of Appeals, US Supreme Court (federal trial courts)
State Court System
State Supreme Courts
Intermediate Courts of Appeal
State Trial Courts
Alternative Dispute Resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.
Advantages of Mediation
Helps to dispute parties preserve their relationships
Provides possibility of finding creative solutions to the dispute
Offers participants high level of autonomy
disadvantages of mediation
- Sometimes, power imbalances are hidden
- Some enter mediation with no intention of finding a solution and use mediation as a delay tactic
appellate court
Looks into legally what went wrong during a trial.-jury tampering
to file a suit
-gotta have standing
-be injured
-current
Executive Agencies
independent agencies responsible for dealing with certain specialized areas within the government (EX: NASA)
independent agencies
additional agencies created by Congress located outside the Cabinet departments. Governed by a board of commissioners.
Legislative Branch
the branch of government that makes the laws
Judicial Branch
the branch of government that interprets laws
Executive Branch
the branch of government that carries out laws