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Notes from entire semester, exam review and projects

by: Morgan Safley

Notes from entire semester, exam review and projects BLAW 210

Marketplace > Washington State University > Business > BLAW 210 > Notes from entire semester exam review and projects
Morgan Safley
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Kalvin Joshi

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This course works a lot with the notes from class that translate to the exams throughout the semester. The textbook is not entirely irrelevant however the notes are much more effective and the tes...
Kalvin Joshi
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Date Created: 02/19/15
Supap Kirtsaeng dba Bluechristine99 Petitioner v John Wiley amp Sons Inc Docketed December 7 2011 Lower Ct United States Court of Appeals for the Second Circuit Facts Supap Kirtsaeng came to the United States from Thailand in 1997 He obtained an undergraduate degree at Cornell University before being accepted into a PhD program at the University of Southern California To subsidize the cost of his education Kirtsaeng asked friends and family in Thailand to buy copies of textbooks in Thailand and ship those books to him in the United States Kirstaeng then sold the textbooks on eBay at a profit Among the books Kirtsaeng sold were eight textbooks printed in Asia by John Wiley and Sons Inc Wiley sued Kirtsaeng in district court for copyright infringement under the Copyright Act which makes it impermissible to import a work without the authority of the owner Kirtsaeng asserted a defense under the Copyright Act which allows the owner of a copy lawfully made under this title to sell or otherwise dispose of the copy without the copyright owner s permission The district court rejected Kirtsaeng s argument and held that the doctrine was inapplicable to goods manufactured in a foreign country Kirtsaeng appealed to the United States Court of Appeals for the Second Circuit A divided panel acknowledged that it was a difficult question of statutory construction but the majority held that Section 109a referred specifically to works that are made in the United States and did not apply to works manufactured abroad Kirtsaeng s request for rehearing was denied and he appealed the appellate court s decision lssue Does the First Sale Doctrine clause protect an individual who purchases foreign objects assembled outside or inside the United States imports them into the United States and sells them for profit Decision 6 votes for Kirtsaeng 3 votes against In 2013 the US Supreme Court reversed the Second Circuit and held that Kirtsaeng39s sale of lawfullymade copies purchased overseas was protected by the firstsale doctrine Reason The First Sale Doctrine clause Question If a copy was made legally acquired abroad and then imported into the United States can that foreignmade copy ever be resold within the United States without the copyright owner s permission under the copyright act Do you agree or disagree with the US Supreme Court s decision As a group take a position and defend your position It is important that you clearly explain why you supportdo not support the Court s decision As you give me your arguments in support of your position consider how a College student ie You can be personally impacted by this decision and also how John Wiley and Sons can now be impacted by this decision assignments chapter 15 declaration of independence heller case ta information kelsevsmith2emailwsuedu laurencarrosinoemailwsuedu the clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law 1958 dwight eisenhower what is law law consists of rules that regulate the conduct of individuals businesses and other organizations within society It is intended to protect persons and their property from unwanted interference from others functions of law stability predictability continuity such that the people understand how to order their affairs If society is to survive and thrive the citizenry must be able to distinguish between legally right and legally wrong conduct functions 0 law facilitating orderly change faciitating planning keeping he peace maintaining the status quo for whom to control to restrain to deter protect people from themselves maximizing individual freedom promoting social justice providing a basis for compromise shaping moral standards it is not the strongest of the species that survives nor the most intelligent that survives It is the one that is the most adaptable to change charles darwin if we desire respect for the law we must first make the law respectable Justice Louis D Brandeis the time is always right to do what is right Martin Luther King the only title in our democracy superior to that of president is the title of citizen rights of citizen freedom of expressionBOR s responsibilities of a citizen support and defend the US constitution respect ROL based upon reason and conviction v force andor violence liberty both personal and economic free people and free markets free marketplace of ideas innovation entrepreneurship Liberty government restraint BOR and not individual restraint but with limitation Liberty to contract how you spend your money JUSTICE MUST NOT ONLY BE DONE BUT MUST BE SEEN TO BE DONE Doctrine of Stare Decisis based on the common law tradition past court decisions become precedent for deciding future cases precedent is a rule of law established in a court decision Lower courts must follow the precedent established by higher courts stare decisis latin for to stand by the decision means adherence to precedent Assignment overview of chapter 5 we have a great dream It started way back in 1776 and God grant that America will be true to her dream Dr Martin Luther King the cause of freedom is not the cause of a race or a sect a party or a class it is the cause of humankind the very birthright of humanity Anna Julia Cooper the life of the law has not been logic it has been experience Justice Oliver Wendell Holmes our characters are the result of our conduct Aristotle it is the mark of an educated mind to be able to entertain a thought without accepting it Aristotle ethical considerations can no more be excluded from the administration of justice which is the end and purpose of all civil laws than one can exclude the vital air from his room and live John F Dillon laws and jurisprudence of England and America Lecture 1 1984 the qualities of a great man are vision integrity courage understanding the power of articulation and profundity of character dwight eisenhower the one thing that doesn t abide by majority rule is a person s conscience Atticus Finch Assignment prepare cases Philosophical Groundings Ethics 1 N 9 N95S739P Divine Command Theory Natural Law Ethical Egoism theory Ayn Rand Thomas Hobbes Adam Smith self interest the theory of moral sentiments Utilitarianism Jeremy Bentham John Stuart Mill Categorical Imperative Immanuel Kant The Contractarianists and Justice John Locke John Rawls Rights theory Robert Nozick Moral Relativism Circumstantial Ethics Virtue Ethics Plato and Aristotle How we avoid ethical dilemmas Rationalizing everybody else does it if we dont do it someone else will thats the way it has always been done we ll wait until the lawyers tell us its wrong it doesnt really hurt anyone the system is unfair its a gray area l was just following orders we all dont share the same ethics if you think this is bad you should have seen Assignment cases up for discussion include legalization of marijuana same sex marriage read Pelman vs mcdonalds case back of book Heller vs columbia district court The social responsibility of business the social responsibility of business is a duty owed by businesses to act socially responsible in producing and selling goods and services Andrew Carnegie surplus wealth is a sacred trust which its possessor is bound to administer in his lifetime for the good of the community Milton Friedman PMTDMC in a free society there is one and only one social responsibility of business to us its resources and engage in activities designed to increase its profits as long as it stays within the rules of the game which is to say engages in open and free competition without deception and fraud 1970 the doctrine of managerial capitalism REdward Freeman stakeholders who are they how do we weigh in with them what is the goal of stakeholder theory Henry Ford Dodge v Ford Motor Co 204 Mich 459 170 NW 668 1919 My ambition said Mr Ford is to employ still more men to spread the benefits of this industrial system to the greatest number to help them build up their lives and their homes To do this we are putting the greatest share of our profits back in the business Shareholder Rights shareholders actually have very little control over operations of corporations do not even have the right by default to nominate directors Some empirical evidence suggests that morepolitically active corporations generate lower returns underlying argument is that these corporations suffer from poor corporate governance Final thought the question is distinctly presented whether the people of the United States are to govern through representatives chosen by their unbiased suffrages or whether the money and power of great corporations are to be secretly exerted to influence their judgement and control their decisions andrew jackson fifth annual message dec 3 1833 Pelman vs Mickey D s ethical vs law majority of class rules there is no case peoples choice to feed children unhealthy food opposing argument Mickey D s have a responsibility at a certain point to recognize what there product is doing to the public especially the children Court made right decision to dismiss there is no case no laws broken Heller vs District of Columbia 2nd Amendment right to bear arms agree with the decision but being in DC its understandable for violence control you do not just carry a weapon to carry it you carry it to use it permit was requested for a weapon at home following all laws of disassembly and trigger lock he is a trained officer in DC he fits the profile an armed society is a polite society other countries train and give weapons to new adults and have lowest crime violence rate in the world If everyone is trained to know how to protect and kill no one will go out and kill Citizens United vs Federal Election Commission consider Andrew Jackson Fifth Annual Message without law there is no freedom John Locke the declaration of independenceis the declaratory charter of our rights and of the rights of man Thomas Jefferson Excerpt Declaration of Independence we hold these truths to be selfevident that all men are created equal that they are endowed by their Creator with certain unalienable rights that among these are life liberty and the pursuit of happiness sources of law codified law constitutions executive orders judicial decisions regulations and administrative orders treaties administrative law concerns the powers and procedures of administrative agencies which include all government authorities other than legislative bodies and courts administrative law consists of three elements enabling legislation administrative procedures acts enforcement in general the american civil justice system performs 5 functions 1 keeping people honest keeping people responsible keeping people accountable keeping people safe keeping people careful query save lives These important components of the civil justice system together uphold the principles of equal justice under the law PWNT LAW AND THE LEGAL PROFESSION the continued existence of a free and democratic society depends upon a recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and the capacity through reason for enlightened self government Law so grounded makes justice possible for only through such law does the dignity of the individual attain respect and protection Without it individual rights become subject to unrestrained power respect for law is destroyed and rational self government is impossible awyers as guardians of the law play a vital role in the preservation of society The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system A consequent obligation of lawyers is to maintain the highest standard JOHN ADAMS 17351826 but a constitution of government once changed from Freedom can never be restored Liberty once lost is lost forever in my many years I have come to a conclusion that one useless man is a shame two is a law firm and three or more is a congress facts are stubborn things and whatever may be our wishes our inclinations or the dictates of our passion they cannot alter the state of facts or evidence years even decades of relentless attacks have isolated us from those we seek to help Through exaggerations and outright lies enemies of responsibility and accountability have mocked the wisdom of our judges and juries Kenneth M Suggs ATLA President Tort law tort law is based upon the principle of Restitutio in lntgrum restorative to seek to make whole the four legally recognizable injuries include physical economic reputation and Three kinds of torts a tort is a legal wrong purpose of tort law 1 to compensate 2 to render justice 3 to regulate behavior there are three kinds of torts 1 intentional torts 2 Unintentional torts negligence 3 strict liability abnormally dangerous activities firework show Strict liability strict liability is liability without fault strict liability doctrine there are certain activities that place the public at risk of injury even if reasonable care is taken the public should have some means of compensation if such injury occurs Strict liability was first imposed for abnormally dangerous activities ex Klein V Pyrodyne Elements of Unintentional Torts Negligence to be successful in a negligence lawsuit the plaintiff must prove 1 the defendant owed a duty of care to he plaintiff 2 the defendant breached his duty of care 3 the plaintiff suffered injury 4 the defendant s negligent act caused the plaintiff s injury Products liability strict liability defect in manufacture defect in design defect in packaging failure to warn failure to provide adequate instructions Defenses Against Negligence 1 Assumption of the risk 2 Contributory Negligence 3 Comparative Negligence 4 Superseding or lntervening event the knight case coed touch football What is a crime a crime is a violation of a statute for which the government imposes a punishment or more specifically a crime consists of some action or omission injurious to society for which government on behalf of society may impose a punishment Criminal Punishment fine forfeiture of property confinement involuntary servitude loss of civil and political rights loss of life Purpose of punishment rehabilitate restrain retribution deterrence our civil standard is a balance of probabilities natalie halloway meets new friends in aruba never to be seen again Constitutional Safeguards applicable to criminal suspects federal and state 1 No unreasonable search and seizures those made without consent or probable cause 4th A 2 No warrant for a search or arrest may be issued without probable cause 4th A 3 No one may be deprived of life liberty or property without due process of law 5th A 4 No one may be tried for the same crime twice DJ by the same government 5th A 5 No one may be required to be a witness against or incriminate himself 5th A 6 Everyone is entitled to a speedy trial trial by jury public trial right to confront witnesses and the right to counsel at critical stages of criminal proceedings 6th A 7 No excessive bail fines or cruel and unusual punishment or punishment cruelly disproportionate to the crime due to unfair unreasonable procedures 8th A Constitutional Safeguards to prevent the government from abusing its power when it suspects or accuses a person of a crime the Constitution establishes basic rights for every individual and basic procedures that the government must follow before it may detain arrest try convict or punish an individual Exclusionary Rule 4A 5A and 6A BOR s Fruits of PT Derivative evidence Miranda v Arizona Law Enforcement Requirements to warn persons in custody or deprived of freedom movement Silent Statement Attorney CN Afford Constitutional violations possible evidential inadmissibility exclusionary rule Kyllo v United states 533 us 27 121 s Ct 2038 150 LEd2d 94 Web 2001 us Lexis 4487 2001 Kyllo v United states 533 US 27 121 S Ct 2038 150 LEd2d 94 Web 2001 US Lexis 4487 2001 police convicted Kyllo for growing marijuana in his oregon home he was busted because of the use of thermal imaging devices from outside of his home case was reversed and remanded required reading a guide to washington state courts 12th edition 2011 Available at wwwcourtswadovnewsinfocontentpdfCourtGuide2011pdf WILLS 1 a will also a trust and insurance is a contingent planning device 2 A will is a person s declaration as to how her property should be disposed of 3 and how her affairs should be handled after she dies The person who makes a will is known as the testator Requirements for making a will 1 as per the uniform probate code an individual 18 years of age or more who is of sound mind may make a will Note in other words a person who is an adult has the testamentary power to make a will a person who is of sound mind has the testamentary capacity to make a will To have testamentary capacity a testator at the time she is making a will must be able to 1 understand what she is dong 2 comprehend generally the nature and extent of the property that makes up the estate and 3 recollect the persons and institutions she wants to receive her property Definition of a contract 1 Section 1 of the Restatement of the law second contracts K defines a Contract as a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty Section 21 of the RS 2nd above defines a promise as a manifestation of intention to act or refrain form acting in a specified way so made as to justify the person to whom the promise is made in understanding that a commitment has been made 1Uniform Commercial Code UCC 2Common Law of Contracts Triangle 3 Restatements of the law of contract ALI 3 created by American Law Institute K short hand for contract Moveable goods opposed to services all 50 states have adopted the UCC not common law though Overview of the UCC uniform Commercial Code common law of contracts UCC sources of contract law 3 state adoption specialized sophistication of business deference to Purpose to eliminate differences in state Contract law importance Parties to a contract offreor makes an offer to an offeree offeree has to power to accept the offer and create a contract offeror Communicates offer Offeror gt Offeree lt offeree power of acceptance and power to create the contract Mirrored image rule Counter offer Rejection Contracts Law Validity and enforceability cls common law services 1 contract validity a offer mamm mutual ascent meeting of the minds b acceptance ma mm c Consideration bfe bargained for exchange enforceability void contracts illegality non lawful object ryno contrary to public policy flood statute of frauds 0ng 1 enforceability voidable contracts a capacity minmi freeflight minors intoxication mental insanity b unfairness unconscionability 1 sbp 2 pa 3 NO imistake um mm privity relationship created by legal binding offer has to be valid valid acceptance elements of consideration something of legal value must be given eg either a legal benefit must be received or a legal detriment suffered there must be a bargained for exchange gift promises gratuitous promises are unenforceable because they lack consideration presley nominal consideration nominal consideration is not considered legally sufficient in many states past consideration is not valid consideration tallas legal detriment property time labor suffer aside from money what other examples are there of consideration release agreement certain types of contracts are required to be in writing to be enforceable age of majority adulthood period of maturity minor rights of minor right of ratification right of resined protection of children from business adults Contracts Continued Unconscionability shock the conscience of the court Spokane Computers the sactatey of the contractual relationship Discharge of Contracts by agreement mutual rescission substituted contract nova on accord and satisfaction by excuse impossibility of performance deathincapacity supervenening illegality destruction of subject matter commercial impracticability financial hardship frustration of purpose reasonably unforeseeable events by operation of law statutes of limitations bankruptcy alteration of the contract pricequantity material terms levels of performance 1 full performance 2 2 substantial performance minor breach 3 3 nonsubstantial performance material breach destroys the essence of the contract Anticipatory breach informing by words or conduct of the intention to breach the contract forum selection clause shute case power rangers logo spokane computer youdle case carnival cruise shute case Novation Introduction to property 1 property is anything that can be owned Antarctica a Personal b real c intellectual Property is anything that a person may possess and use and whose possession and use one person may transfer to another a land b c object idea Note Property is not the thing used or possessed itself but rather the legal right to its use possession and transfer 1 2 3 It is the law that defines what property is In the absence of a legal declaration that a person is entitled to own something eg land an object or an idea no one has a better claim to it than anyone else As a general rule once a government adopts a law defining something as property that is something that can be possessed used and transferred from one person to another the government may not change its status or take the property from a person without paying reasonable compensation for it This is rule us incorporated into the federal Constitution humans Contraband illegal drugs Expired intellectual property rights 1 The fifth Amendment states that no person shall be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation Classifications of property 1 property is usually classified in three ways a by whether it is tangible or intangible whether it can be touched or not b by whether it is personal or real whether it is moveable or immovable c by whether it is private or public owned by a private person or owned in common by an entire community Incidents of ownership 1 the incidents of property ownership are the rights of possession use and transfer a possession is the right to physically hold or occupy property b use is the right to do with property anything allowed by law subject to any limitations the owner may agree to c the right to transfer property is the right to sell give or otherwise pass the property on to someone else Note if a thing cannot be transferred it may well not be property graham University of Colorado Intangible personal property Review intangible personal property is property that has no defined location and it cannot be touched eg stock vs a car Contactual property a type of intangible personal property since it consists of promises made by one party to perform some duty for another 2 intellectual property a type of intangible personal property since it is a product of the human intellect Examples of intellectual property Patents Copyrights Trademarks and trade secrets Thomas Jefferson peace commerce and honest friendship with all nations entangling alliances with none President Obama we want a country that s safe and defended by the strongest military on earth but still be a nation that is admired around the world and moves with confidence beyond this time of war to shape a peace built on the promise of freedom and dignity for every human being A The making of international law There is no formal international lawmaking machinery The basic mechanism for creating international law is The consensus of the international community 1 Is international law really law a it is because nations regard it as something they are obligated to respect Distinguish comity 1 Comity is courtesy It is the practice between nations of treating each other with goodwill and civility 2 Comity is NOT law because countries do not regard it as something they are obligated to respect N L 0quot International Persons states intergovernmental organizations lGOs nongovernmental organizations NGOs individuals EXAM 2 TERM globalization Mad about trade griswold 1 Import competition provides lower prices greater variety and better quality especially for poor and middle class families 2 Driven in part by trade most new jobs are well paying service jobs that form the backbone of today s middle class 3 trade barriers erected in the us are manipulative and harmful and their value is often deliberately misrepresented by those with economic andor political agendas 4 Foreign investment here has created well paying jobs and investment abroad has given US companies access to millions of new customers 5 Trade has helped expand the global middle class reducing poverty and child labor while fueling demand for US products 6 Over the past three decades Trade and an open global economy have created a more prosperous democratic and peaceful world 7 The devastation if we reverse course A case for Globalization WTO The WTO aims to increase lnt l Trade by promoting lower trade barriers and providing a platform for the negotiation of trade WTO Trade System Principles 1 Should be free of discrimination no preferential treatment for certain partners versus others no protectionism of domestic products no discrimination against foreign goods and services 1 Should tend toward more freedom by lessening trade barriers 2 Should be predictable for foreign firms and governments assurances that markets will remain open and that no arbitrary trade barriers be raised 3 Tend toward great competition 5 Be more accommodating for developing Nations give deference Dispute Resolution Mechanism Methods for Enforcement GATT General Agreement on Tariffs and Trade MFN most favored nation 2 success of WTO Platform for trade Negotiation Platform for trade dispute settlement US Attorney General Global corruption undercuts democracy and the rule of law it destabilizes markets and it creates an uneven playing field for those companies who are committed to playing by the rules Alice Fisher Assistant AG i5 FCPA Corruption Defined Transparency thernational Corruption is the abuse of entrusted power for private gain Tl Corruption hurts everyone whose life livelihood or happiness depends on the integrity of people in a position of authority Tl why does fighting corruption matter corruption hurts everyone Corruption distorts the free market The poor are the most harmed Tl Bribery The offering giving receiving or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties Malfeasance intentionally doing something either legally or morally wrong which one had no right to do It always involves dishonesty illegality or knowingly exceeding authority for improperly reasons EXTRA CREDIT EXAM 2 OPPORTUNITY Plato He who wishes to serve his country must have not only the power to think but the will to act Duty Dignity Unit 8 business organizations chapters 3642 chapter 43 was already assigned state of washington ownership structure types Do you know who you are doing business with Student self observation have a look per business organizational structures askwhy has this business organized itself as a state mandated Public disclosures how does this business seek to protect itself from you customer client Are you protected in the event of Due diligence and buyer beware Goods Services Liability Limitations aspects litigation query avoid v Evade Business Organization Some Issues and Considerations Formation Tax Liability Agency Cost Governance Employment Law and Representation lnsurance Accountant and Financing K Law Sole Proprietorship SP One individual or married couple in business alone SP s are the most common form of business structure Simple to form and to operate May enjoy greater flexibility of management and fewer legal controls But the business owners isare personally liable for all debts incurred by the business Tax Personal marginal tax rate Structure of business state government secretary of state website provides citizens guide to building a business General Partnership Composed of 2 or more persons usually not a married couple who agree to contribute money labor andor skill to a business profit motiveexpectation Each Partner shares the profits losses and management of the business and each Partner is personally and equally liable for debts of the partnership Formal terms contractual of the partnership are per a written partnership contract K tax personal marginal rates draw Limited Partnership Composed of 1 or more General Partners and one or more Limited partners 2 classes The GP s manage the business and share fully in its profits and losses LP s share in the profits of the business but their losses are limited to the extent of their investment so long as LP s are not usually involved in day to day mgmtops of the business risk Option January 2010 limited liability limited partnership by including a statement ot this effect per certificate of limited partnership Provides GP s with a liability shield for obligations of the LLLP Tax per GP same Must register with 808 division of corps and Charities Limited Liability Partnership LLP Similar to a general partnership except that normally a partner does not have personal liability for the negligence of another Partner This business structure is used most commonly by professionals eg lawyers accountants Tax same as GP Must register with 808 Division of Corps and Charities Joint and Several Liability Limited Liability Company LLC Formed by 1 or more persons or entities through a special written agreement The agreement details the organizations of the LLC including provision for mgmt assignability of interests and distribution of profitslosses Permitted to engage in any lawful for profit business 0 activity other than banking or insurance Not for profit incl Personal Liability shield Tax may yield tac or financial benefits election PLLC professional limited liability company Must register with 808 Division of Corps and Charities 1 Those that form the LLC are known as MEMBERS 2 The MANAGERS when you think LLC forget the word partnership think MEMBERS AND MANAGERS Corporation for profit A separate Legal Entity is formed Has its own rights privileges and liabilities beyond those of an individual Different types eg closely heldwidely held Fortune 500 Personal Liability shield but piercing the corporate veil is possible per certain types of cases controversies Tax Corporate tax rate Must register with SOS Division of Corps and Charities George Washington The administration of justice is the firmest pillar of government Letter to Edmund Randolph 1789 Employment Relationships Employeremployee A relationship that results when an employer hires an employee to perform some form of physical service Principalagent A relationship that results when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf Principalindependent contractor A relationship that results when a person or business that is not an employee is employed by a principal to perform a certain task on his or her behaH The Principal s Liability for an Agent s Torts The principal expressly authorizes an agent to commit a tort The principal negligently or recklessly allows an agent to commit a tort Negligent employment failing to exercise reasonable care in hiring agent Negligent supervision failing to exercise proper care in supervising an agent The agent makes a misrepresentation with apparent authority Respondent Superior employer has liability if the employee acted within the course of his employment Courts look to whether employee committed tort while engaged in furthering the business interests of employer Vicarious liability lmputed conduct TVll of the CRA 1964 Covered Employers Employment Decisions Protected Classes 5 Types of Discrimination 2 Defenses 3 Remedies 2 9190393 Title VII of Civil Rights Act 1964 Covered Employers amp Employment Decisions 1 Employers Employers with 15 or more employees for 20 weeks in the current or preceding year all employment agencies labor unions with 15 or more members state and local governments and its agencies and most federal government employment Employment Decisions Decisions regarding hiring promotion demotion payment of salaries wages and fringe benefits dismissal job training and apprenticeships work rules or any other term condition or privilege of employment Decisions to admit partners to a partnership are also covered Protected Classes 1 2 Race A broad class of individuals with common characteristics eg African American Caucasian Asian Native American Color the color of a person s skin eg lightskinned person darkskinned person National Origin A person s country of origin or National heritage eg Italian German Gender A person s gender whether male or female Includes sexual harassment and sex stereotyping Sexual orientation sexual identity gender based discrimination Religion A person s religious beliefs An employer has a duty to reasonably accommodate an employee s religious beliefs if doing so does not cause an undue hardship on the employer Per federal law race and color have a certain place when we approach BFOQ Bona fide occupational qualifications Adopt Alter Amend a religious practice Walmart Stephanio Harris v Fork lifts Types of Discrimination 1 2 Disparate treatment discrimination discrimination against a specific individual because that person belongs to a protected class DisparateImpact discrimination Discrimination in which an employer discriminates against a protected class A neutrallooking employment decisionpractice that causes discrimination against a protected class in disparateimpact discrimination 1 2 3 1 Defenses Merit Jobrelated experience education or unbiased professionally developed ability test Seniority length of time an employee has been employed by the employer Intentional discrimination based on seniority is unlawful Bona Fide Occupational Qualification BFOQ Discrimination based on gender religion or national origin is permitted if it is a valid BFOQ for the position Qualification based on race or color is not a permissible BFOQ Race andor Color separate protected classes protected under title 7 If there is a finding of desperate treatment discriminated treatment that party who has been discriminated against can seek punitive damages AmendAdoptAlter Work Environments Motivation Factors Hostile Abusive Retaliatory WSUHarassment Hate and Discrimination is not welcome on our campus Remedies Equitable Remedy The court may order the payment of back pay issue an injunction awarding reinstatement grant fictional seniority or order some order equitable remedy Damages The court can award compensatory damages in cases of intentional discrimination The court can award punitive damages in cases involving an employer s malice or reckless indifference to federally protected rights EEOC Equal Employment Opportunity Commission Ricci v Stephano Walmart v Dukes RCW 4960030 WA state law against discrimination The right to be free from discrimination because of race creed color national origin sex honorably discharged veteran or military status sexual orientation or the presence of any sensory mental or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to a civil right Question 2 Supap Kirtsaeng dba Bluechristine99 Petitioner v John Wiley amp Sons Inc Docketed December 7 2011 Lower Ct United States Court of Appeals for the Second Circuit Facts Mr Supap Kirtsaeng traveled to the United States in 1997 from his hometown Thailand to attend Cornell University for an undergraduate degree and later to attend the University of Southern California for graduate school to accept a PhD As the cost of todays education is well known for its expensive rates Kirtsaeng was responsible for paying for his education He had noticed that a certain textbook for one of his classes published by John Wiley amp Sons Inc was significantly cheaper back home in Thailand recognizing a profitable business plan he asked friends and family back home to buy copies of those textbooks in Thailand and ship them to him in the United States so he could later sell them on eBay for a profit Eight of the textbooks sold were printed in Asia by John Wiley and Sons Inc Wiley sued Kirtsaeng in district court for copyright infringement under a section of the Copyright Act which makes it impermissible to import a work without the authority of the owner Kirtsaeng set up and responded a defense referring to protection by another section in the Copyright Act which allows the owner of a copy lawfully made under this title to sell or otherwise dispose of the copy without the copyright owner s permission The district court rejected Kirtsaeng s argument and argued that the doctrine did not apply to goods manufactured in a foreign country Kirtsaeng responded with an appeal on the United States Court of Appeals for the Second Circuit The panel was divided as well as responsible for the determining what was right between the difficult question of statutory construction Eventually the majority held that the Copyright Act referred specifically to works that are made in the United States and did not apply to works manufactured abroad Kirtsaeng requested for a rehearing and was denied he then appealed the appellate court s decision Issue Does the First Sale Doctrine clause protect an individual who purchases foreign objects assembled outside or inside the United States imports them into the United States and sells them for profit Decision Panel decided 6 votes for Kirtsaeng and 3 votes against In 2013 the United States Supreme Court reversed the Second Circuit and acknowledged that Kirtsaeng s sale of lawfullymade copies purchased overseas was protected by the firstsale doctrine Reason The final decision made by the United States Supreme Court was based on a number of reasons and legal documentation as well as law Because of the Copyright Act it was possible for the John Wiley amp Sons Inc to create a suitable case Kirtsaeng was able to rebuttal being sued also because of the Copyright Act although he was rejected the way the court system is set up Kirtsaeng was able to appeal and take the case into Second Circuit involve a panel and create more of an argument for himself Ultimately the First Sale Doctrine clause protected this activity on Kirtsaeng s part Once assumed illegal activity tried and made legal activity based entirely upon the United States court system Question If a copy was made legally acquired abroad and then imported into the United States can that foreignmade copy ever be resold within the United States without the copyright owner s permission under the copyright act Do you agree or disagree with the US Supreme Court s decision To agree or disagree is a difficult choice with this particular case As far as the Unites States economy Kirtsaeng s small fortune was not a positive thing for our country so from that stand point we disagree with the Court s decision However what Mr Kirtsaeng did was completely legal he was not breaking the law while importing the textbooks nor while he was selling them After reading about the case we assumed the Court s decision was to find Mr Kirtsaeng not guilty so as far as logistics go we agree with the Court s decision Plus textbooks are completely over priced that is a well known fact for any student in the United States Mr Kirtsaeng recognized that and saw a profitable business opportunity which worked we might add As a group take a position and defend your position It is important that you clearly explain why you supportdo not support the Court s decision As you give me your arguments in support of your position consider how a College student ie You can be personally impacted by this decision and also how John Wiley and Sons can now be impacted by this decision We support the Court s decision Like we already stated textbooks are very overpriced as college students we experience it first hand and can completely relate to Mrs Kirtsaeng when it comes to finances associated with tuition living surviving and materials To be impacted by his actions directly will only be through the purchasing of John Wiley and Sons Inc textbooks because due to this incident their products went up in price Personally this is a lesson for college students do not settle for expensive books plan ahead and hunt for cheaper versions of your books As a group we have collaborated and figured that between the five of us alone during our first two years at WSU we have spend an upward total of 10000 combine on textbooks alone This is an outrageously expensive industry for Mr Kirtsaeng to help those students who took initiative and searched on eBay by giving them such a reasonably price and savings We understand that everyone in the world has to pay for a lot but college students take a beating they are responsible for so much learning the roots of the world while finding themselves and working toward their future and somehow not imploding from the enormous amount of stress We are wondering why something has not yet been done about the prices of textbooks as far as we are concerned John Wiley and Sons Inc should be impacted with loss of business selling a product internationally for such a lower rate and raising the price for Americans their should be some kind of law against that Jury Instructions trier of fact Causation actua cause A defendant s negligent act must be the causation in fact or actual cause of the Plaintiff s injuries Legal Cause Proximate Causation A point along the chain of events caused by a negligent party after which the party is no longer legally responsible for the consequences of hisher actions In other words as per the law a negligent party is not necessarily liable for all damages set in motion by hisher negligent act As per public policy the law establishes a point along the damage chain after which the negligent party is no longer responsible for the consequences of hisher actions this limitation on liability is known as proximate cause or legal cause Legal Cause proximate Cause Test Forseeability A negligent party who is found on a case by case basis to be the Actual Cause BUT NOT the proximate cause of the P s injuries is NOT liable to the Plaintiff Review portion Class lecture put on cheat sheet review assigned readings multiple choice truefalse scantron provided bring pencil and cheat sheet quotations know references names of quoted material in lecture declaration of independence class lecture read word for word cases names of casestitle KNOW WELL all fair game Extra credit question bonus section Exam 1 including extra credit between 100105 questions on test


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