Legal Environment of Business
Legal Environment of Business BULE 302
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This 8 page Class Notes was uploaded by Laurence Champlin on Monday September 28, 2015. The Class Notes belongs to BULE 302 at George Mason University taught by Richard Coffinberger in Fall. Since its upload, it has received 41 views. For similar materials see /class/215102/bule-302-george-mason-university in Legal Environment Of Business at George Mason University.
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Date Created: 09/28/15
1 What is Law a Law Rules which the courts of a particular jurisdiction will recognize and enforce i Private property enforces contracts formal expression of societies will ii Functions Keeps peace shapes moral standards promotes social justice provides basis for compromise 90 Maximizes individual freedom b Sources of law i ConstitutionsStatutesOrdinancesTreatiesJudicialDecisions Administrative Agency Rules Procedural Rules of the courts Voter Initiatives AIticle 1 establishes a bicameral legislature How laws are made i Bill proposed bill debated goes to other house President signature if vetoed congress can pass with 23s Jurisprudence scientific study of law Natural Law Law comes from God Historical Law Law comes from History Substantive Law legal rights and obligations Procedural how substantive laws are encorced Criminal crime against society Civil crime against others Major Legal Systems WRITE DOWN TABLE i Common law English precedent judges make law Adversarial System ii Civil law Roman Inquisitorial iii Islamic iv Socialist m Stare Decisis precedent to stand by the decision makes law more predictable allows for social change oo Hw39erp qo Harv n Positive law applies only to that society 0 Legal Positivism there is no higher law than a nations positive law human rights eXists because of laws law must be obeyed unconditionally until it is changed p Legal Realism law is shaped by social forces and needs sociological school of thought q Primary Source of law the law itself r Secondary Sources of law sumaries of the law s Statutory law laws enacted by legislative bodies t Legislation creation Congress makes an act that creates an agency u Equity seeks to fix stuff when no law is there 2 What is Ethics a Ethics re ective process by which people evalutate their values study of right and wrong b Legal compliance moral minimum c Deontology focused upon duty and respect to othershuman rights d Utilitarianism maxmizing good or minimizing bad outcomes Religious based ten commandments Business Ethics rights code of conducts professional code of ethics Warren Buffets front of the newspaper test Levels of Moral Development i Preconventional 920 do not or accept societal rules ii Conventional accept rules because they are rules iii Post conventional accept the rules because they recognize the ethical principals i Whistleblower someone who goes public with business illegalness i 50 fired Job harassment 13 thoughts of suicide Whistleblower protection act federal employee False Claims Act employees of federal contractors provides financial rewards to WB l Sarbanes Oxley Act Employees of publicly traded companies In Con ict of interest personal interest in outcome of a pending decision True test would relevent others trust my judgement if they know my situation Gifts federal employees may not accept gifts of 20 or more Helping Business ethics write a code of ethics have top management support it hire ethics advisor open door policy ethics committee Social responsibility doctrine maximize profits and be good citizens Archie Carrol responsibilities economic legal ethical and philanthropic Categorical Imperative Kant what would happen if everyone would did it Principle of rights rights theory how does this affect others right Stakeholder Approach corporations have responsibilities to shareholders and stakeholders v Backdating marking a document w wrong date illegal if docs falsified Nehru we P 730 snwrw shareholders unaware correctly documented eamings re ected in taxes 3 US Legal System a US Legal System adapted English adversarial overlapping state federal and local Jury to find the true version of the facts that led to the law suit Judge determine the applicable to the case and advise to jury renders decisions at trial level Justice review trial court decisions at appellate level Judicial Restraint only consider questions before them use Stare Decisis Judicial activism needs and values of society less precedent righting wrongs of society Civil Lawsuit Requires Judicial Venue amp Standing to Sue Personam Jurisdiction jursdiction over the person who s being sued Long Arm Statute permits a state s court to reach over state lines Subject matter jurisdiction jurisdiction over the type of case Limited Subject Jurisdiction limited to a subject divorce bankruptcy i Probate death and inheritance General Subject Jurisdiction broad type of cases civil and criminal cases Original Jurisdiction first time a case is heard trial courts 09quot rm FB39r39P QO B P Appellate courts of appeal generally not original jurisdiction Concurrent Jurisdiction both state and federal have right to hear the same case federal question diversity of citizenship cases Exclusive either federal or state only Exclusive federal federal crimes antitrust bankruptcy patents copyrights suits against the US Exclusive state everything but federal Venue Refers to appropriate case for trial Standing to sue legally protected and tangible interest at stake cannot be hypothetical Levels of State Court i State trial courts low lvel 1 General state court jurisdiction over civil disputes with lots of money and civil prosecutions 2 Limited State trial courts small amounts of money small criminal crimes Small claims courts ii Intermediate Level Appellate courts appeals from state before supreme court iii Supreme State decisions are final on state law v Federal courts i Federal Trial Courts 100 all federal crimes diversity of citizenship 75k plaintiffs of different states 1 Cooperate State Citizenship where it is Incorporated and where it has principal place of business nerve center or headquartered ii Federal Intermediate Courts of Appeal 13 regional hear appeals 1 11 in US 2 DC Court of Appeals hears appeals from DC independent federal agencies usually without prior hearing by district court Federal Circuit Court of Appeals administrative law intellectual property cases money damages against US a Administrative Law federal personnel veterans intellectual property suits against US contract taX refund 0 5 1H 41 1quot F E civilianmilitary pay cases iii Supreme Court highest court in US cases involve contemporary issues where lower courts had con icting decisions Writ of Certiorari appeals via petition convinces Supreme Court to hear cases W i Rule of Four 4 justices must agree to hear the case X Civil Law Suit pleadings pretrial motions discovery pretrial conference trial verdict post trial motions appeal final judgement y Trial i Pleadings l Complaint plaintiff files court serves summons to defendant 2 Answer admit or denies may counterclaim statute of limitations 3 Deposition sworn testimony answers questions asked by Z attorney written depositions acceptable 4 Interrogatories written questionsanswers for party not witness can prepare for these W attorney have to answer questions 39 Pretrial motions 1 Motion for judgement on the pleadings both parties agree judge bases decisions solely on the facts in pleadings 2 Summary Judgement both parties agree on facts judge can consider facts outside pleadings 39 Discovery evidence gathering no trial by ambush Includes 1 Depositions sworn testimony by partywitness 2 Interrogatories written questions between parties 3 Requests documents medical exams etc Pretrial Conference party or court can order one identi es factual issues plan trial judge persuades to settle without trial either party can request jury 1 Bench trial trial with jury a 7th Amendment guarantees right to bench trial in controversy exceeding 20 2 Voir Dire jury selection process a For cause unlimited justification b Peremptorily limited no justification Trial opening statements Plaintiff evidence introdefendant evidence introjudge instructs jury relaw Jury Deliberates verdict 39 Post Trial Motions 1 Motion for Judgement NOV notwithstanding the verdict judge convinced jury fucked up 2 Motion for new trial material misconduct judge made error of law 2 lt S vii Appeal unless final judgement party can appeal 1 Final Judgement cannot be taken to higher court failing to file appeal in time no higher court 2 Criminal only defendant can appeal 3 Appellant petitioner 4 Appelle respondant 5 Appeal Court reviews trial holds hearing renders opinion can affirm or reverse trial court 0 Remand if reversed will send back to trial court 7 Other outlining facts and issues rulings applicable laws and arguments on Appellants behalf Lien claim against losing parties assets m m Writ of gamishment lien on losing party s salary bb Writ of execution lien against losing party s property Alternative dispute resolution ADR negotiation mediation binding arbitration caused by cost of litigationdelays and uncertainty unfavorably publicity disruption of business relations i Litigation technical rules of discoveryevidenceopen to publiclawyers in exiblycostlyslow ii ADR communicationprivateless costly faster exible O 0 iii Other types 1 minitrial case is heard and advisor says how a court will likely decide 2 Summary jury trials jury s verdict not bindingused as tool 3 Online dispute resolution done on line for business claims 4 Negotiation no third party optional attorneys Mediation neutral third party mediator helps decide dispute Arbitration arbitrator imposes resolution binding or non binding Binding arbitration law enforceable binds parties to ADR sometimes voluntary Arbitration process i Submission refers dispute to an arbitrator ii Hearing evidence and arguments iii Award decision of arbitrator Federal Arbitration Act 1925 encourages binding AFR 39 Uniform Arbitration Act courts give full effect to voluntary arbitration agreements kk Docket order in which cases are heard in court 3 00 02 roeEgan v v E 11 Sliding Scale Jursdiction where to try people i Internet contact substantial contractssales some interactivity passive advertising mm Question of fact deals with what really happened nn Question of law how the law applies oo Litigation working a lawsuit through the court system 4 Constitution and Business Regulation a Constitution ultimate source of law in US provides organization of fed allocates power between state 39 Preamble Purposes of document Articles Congress Legislative Powers Executive powers judicial powers interstate duties amendment process miscellaneous provinces ratification process Fquot Supremacy Clause Constitution supreme law c Commerce clause fed regulates international commerce trade affecting interstate d Judicial Branch Powers Adjudication e Adjudication judicial review Marbury V Madison allows judicial review f Theory of Constitutional Relativity courts interpret constitution based on the times g Amendments slow approved by 23 of congress 34 of state 27 amendments 7 year limit Bill of Rights i First Amendment freedom of speech 1 quot 39 Verb bal Fquot political speech no promoting lawless conduct legal speech limited timeplace no swearing defamation ii Fourth Amendment unreasonable searches and seizures warrants probable cause equal protection under laws Acceptably scrutiny iii Usually economic and social relations iv Sometimes gender for good reason v Never race ethnicity fundamental rights vi Fifth Amendment no trying twice no selfincrimination Eminent Domain Substantive Due Process vii Eighth Amendment no excessive bailfines no cruel and unusual punishment viii Tenth Amendment All powers not federal go to states iX Fourteenth Amendment Procedural Due Rights i Other stuff in bill of rights i Due Process 1 Procedural fair procedure before depriving rights advance notice of hearing unbiased trial 2 Substantive Due Process content of legislation how how laws are enforced ii Cooperate constitutional rights corporationscreatures of statute legal persons not entitled to Fifth Amendment selfincriminationright of privacy iii Right of Privacy Griswold v Conneticut 1965 IMPLIED in bill of rights j Other sources of rights federal legislation state constitutionslegalisation tort law F Police powers state regulatory powers 1 Preemption Congress chooses to act exclusively in a concurrent issue Chapter Review Questions Multiple Choice Practice Questions for Exam 1 gChs 1 4 amp 19 Directions Identify the letter of the choice that best completes the statement or answers the question 7 1 According to the supplemental readings this may not always be justified a arbitration b voter initiatives c capital punishment d torture 7 2 The statute of limitations is an example of a substantive law b procedural law c constitutional law d criminal law 7 3 The speed limit is an example of a substantive law b procedural law c tort law d none of the above 7 4 Which pleading begins the lawsuit d motion to proceed 7 5 Appellate courts hear a issues of law b issues of fact c testimony from legal scholars d all of the above 7 6 In the television program quotPeople39s Courtquot the parties to legal disputes agree to personally present their cases to a former judge who makes a decision that is binding upon them rather than suing in a court This is most similar to a mediation b a surnmaryjury trial c judicature d a private court system 7 The Grirnshaw v Ford case re F ord s Pinto car provides a good opportunity to discuss a Subject matter jurisdiction b The socially responsiblityof business doctrine c Binding arbitration d Contingency fee arrangements 7 8 Legislation is a synonym for a inistrative law b case law c stare decisis d statutory law 7 9 Whistleblowers a May be considered disloyal by fellow employees b Are automatically awarded monetary compensation under False Claims Acts c Receive strong statutory protection in all states d None of the above 7 10 If a party demands a jury trial the jury will decide which of the following a Issues of fact b Issues of jurisdiction c Issues of law d All of the above 7 11 In relation to freedom of speech a All speech receives the same degree of federal constitutional protection b Some speech is not protected by the First Amendment c Commercial speech receives no constitutional protection due to its profit motive d Most speech critical of the government can be restricted because such speech can be politically destabilizing Multiple Choice Practice Questions for Exam 1 gChs 1 4 amp 19 Directions Identify the letter of the choice that best completes the statement or answers the question 7 1 According to the supplemental readings this may not always be justified a arbitration b voter initiatives c capital punishment d torture 7 2 The statute of limitations is an example of a substantive law b procedural law c constitutional law d criminal law 7 3 The speed limit is an example of a substantive law b procedural law c tort law d none of the above 7 4 Which pleading begins the lawsuit d motion to proceed 7 5 Appellate courts hear a issues of law b issues of fact c testimony from legal scholars d all of the above 7 6 In the television program quotPeople39s Courtquot the parties to legal disputes agree to personally present their cases to a former judge who makes a decision that is binding upon them rather than suing in a court This is most similar to a mediation b a surnmaryjury trial c judicature d a private court system 7 The Grirnshaw v Ford case re F ord s Pinto car provides a good opportunity to discuss a Subject matter jurisdiction b The socially responsiblityof business doctrine c Binding arbitration d Contingency fee arrangements 7 8 Legislation is a synonym for a inistrative law b case law c stare decisis d statutory law 7 9 Whistleblowers a May be considered disloyal by fellow employees b Are automatically awarded monetary compensation under False Claims Acts c Receive strong statutory protection in all states d None of the above 7 10 If a party demands a jury trial the jury will decide which of the following a Issues of fact b Issues of jurisdiction c Issues of law d All of the above 7 11 In relation to freedom of speech a All speech receives the same degree of federal constitutional protection b Some speech is not protected by the First Amendment c Commercial speech receives no constitutional protection due to its profit motive d Most speech critical of the government can be restricted because such speech can be politically destabilizing
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