On a blank piece of paper write down:

1. Probable Cause 2. Reasonable Doubt 3. Mens Rea4. Corpus Delecti5. Writ of Certeori6. Preponderance of Evidence

-Get 1 or 2 names next to each term, these will be class groups we will use this semester (groups of 2 or 3). Cannot be in 2 groups with the same person

Business Law – Unit 1

Chapter 1 – Laws & Their Ethical Foundations:

*take notes and follow along in Chapter 1 of your textbook

Describe the differences between common law and positive law.

Identify the origin of the U.S. legal system

Lesson Goals

Laws: enforceable rules of conduct in a society◦ Do we need laws?◦ People need protection for others

Common Law: rules used by judges to settle people’s disputes.◦ Sets a “precedent” – courts use prior cases as a

guide◦ Examples??

Positive Law (Civil Law or Roman Civil Law): dictated by a central authority, leader or government. Put in place to prevent wrongs.◦ Examples?

Laws & Legal Systems

Disputes settled based on local customs, led to inconsistencies & laws hard to follow.◦ Example – p. 7

King sent judges to ride circuit & hear cases. Local people hear the cases & interpret the local customs.

King’s court has “jurisdiction” over circuit court◦ Leads to circuit court & jury

English Common Law

Advantage: uniformity & ability to adjust to societal changes

Disadvantage: courts had to wait for the harm to occur before they could take action◦ An injunction, which stops something from being

done, could be issued.

Only one U.S. state does not operate under common law, but rather civil law.◦ What state??

English Common Law

Constitutions: framework of a government, highest source of law

Statutes: laws enacted by state or federal legislatures on behalf of those that elected them.

Ordinances: local rule or law◦ Examples? Smoking, pets on a leash, watering in summer◦ Hot Debate, page 4. Answer #1-3 in your notes

Case Law: appeals based on rulings made by lower courts.◦ Stare decisis: Let the decision stand, lower courts must

follow established case law. Does not bind one court though, which is the?????

◦ Supreme Court Page 12 What’s Your Verdict

Law Terms

Offense against society, not individuals Government investigates and prosecutes on

behalf of the people Conviction results in fine, imprisonment &

possibly execution. It is possible to try a defendant in criminal

court and then try the same defendant again in civil court, for the same event.◦ Example?◦ O.J. Simpson Murder trial

Criminal Law

Civil Law: wrongs against individuals Police do not take action in civil conflicts When sued you become the defendant, if

you lose a civil case you must pay money to plaintiff.

Civil offenses are known as “Torts”

What’s Your Verdict - Page 13

Is shoplifting a crime or a tort?◦ Both-tort to business owner losing merchandise &

crime as it violates the law.

Civil vs. Criminal Law

Procedural Law◦ The process that a case will go through (whether it

goes to trial or not). ◦ Example: How and when police can make arrests◦ Criminal procedure & Civil procedure

Substantive Law: defines rights & duties◦ Defines how the facts in the case will be handled, as

well as how the crime is to be charged. In essence, it deals with the substance of the matter.

◦ Defines offenses: murder, theft, breach of contract, negligence

◦ Stare decisis is a … Procedural law

Procedural & Substantive Laws

Rules that apply to business situations & transactions

UCC: Uniform Commercial Code◦ Laws vary from state to state◦ UCC provides uniformity in state commercial laws◦ Governs sales & leasing of goods, aspects of

banking Business Law is generally civil or criminal?

◦ civil

Business Law – p. 14

Vocabulary & Concept Review◦Page 20, #1-16

Pages 21 & 22◦Answer #’s 31-34 & 36-38 in your notes

Chapter 1 Assessment

July 4, 1776 Declaration of Independence◦ Thomas Jefferson. All men are created equal…life, liberty

& pursuit of happiness. Articles of Confederation: charter by 13 colonies Articles create framework for U.S. Constitution What’s Your Verdict? P 25 Bill of Rights: 1st 10 amendments

VA, NC, NY & RI don’t ratify Constitution until now, issue of the failure to protect human rights now resolved

Page 27 Checkpoint◦ Magna Carta

Chapter 2 – Constitutional Rights

Search is property Seizure is a person

Chapter 2 – Constitutional Rights Due process: Defendant given adequate

notice & proper hearing What’s Your Verdict – page 31 Cyberlaw

◦ Intended to govern e-commerce & internet

Illegal search & Seizure

In groups research the following cases

1. People of California v. Orenthal J. Simpson2. Roe v. Wade3. Miranda v. Arizona4. People of Illinois v. Larry Eyler5. Hustler v. Falwell6. Texas v. Johnson7. New Jersey v. TLO8. Tinker vs. Des Moines9. Christian Burial Case

Landmark Cases

Slide1: Case name & your namesSlide 2:Years & process through court systemSlides 3-5: Story, background, major people involved & eventsSlide 6: Ruling (9-0, 8-1, 7-2, 6-3, 5-4)Slide 7: Dissent (list judge and their opinion)Slide 8: Significance, impact, precedent set?Slide 9: Related cases, interesting facts, extra details.

Make a Powerpoint with…

Only applies when offender is in cutody being questioned about his own guilt

Police don’t have to read you Miranda if you’re caught red handed robbing a store◦ Evidence still exists independent of the confession

Miranda

Roth v. United States◦ Companion case of Alberts v. California◦ Both sent lude, indecent pictures through mail◦ Court issues writ of certiorari for both cases

Order to lower court to produce record for Supreme Court ◦ 1957, 1st Amendment doesn’t protect obscenity

Miller v. California◦ Set up 3-part test to determine obscenity: “Miller Test”

whether the average person would find that the work appeals to the purest interest;

whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions

specifically defined by applicable state law; and whether the work, taken as a whole, lacks serious literary,

artistic, political, or scientific value

Landmark Cases

Burger King v. Rudzewick◦ Rudzewicz & partner open BK in MI, train in FL◦ Miss payments (franchise fees & royalties) & BK sues

for breach of contract and trademark infringement◦ BK wins in district court-FL has jurisdiction on those

who breach contract in the state◦ Court of appeals reverses decision-violates due

process◦ Supreme Court-BK wins, FL does have jurisdiction◦ Dissent: unfair to businessman in MI to go to FL court ◦ Relation to cyberlaws & cybersecurity?

Child Online Protections Act◦ Makes it a crime for site operators who fail to prevent

minors accessing “harmful” material

Landmark Cases

Spamming: occurs by gathering, “cookies”◦ Personal info on website visitor such as buying

patterns sold w/out visitors knowledge◦ Illegal on video & cable but not internet

Page 39 What’s Your Verdict? IN THIS CASE – p. 42

VOCAB AND CASE REVIEW Chapter 1 p. 20 1-16, 31-38 Chapter 2 p. 44 1-12, 24-30

Right of Privacy

Litigate (go to court) or settle dispute w/out court?

3rd party options:◦ Mediator:

Acceptable decision to both, usually not legally binding Mediation effective in resolving approx. 75% of cases &

greatly reduces the trial docket of courts◦ Arbitrator

3rd party like mediator, decision binding can be enforced by the court

Often 3 arbitrators involved, majority decision rules

Chapter 3 – Dispute Resolution

Trial court: original court where dispute is heard◦ Has original jurisdiction (power) to decide the case

Appellate court: reviews decisions of lower courts◦ Concerned solely with errors of the law◦ Examine transcript & appellate briefs(written

arguments)◦ Decide if lower court decision is:

Affirmed (upheld) Reversed (overturned) Amended (changed) Remanded(sent back to trial court for correction or new

trial)

Court System

Federal District Courts◦ Cases involving Constitution, U.S. law & treaties◦ Lawsuits between citizens of diff. states/nations

Federal Court of Appeals◦ Has jurisdiction when lower court case is appealed

by a party in the case U.S. Supreme Court

◦ Has original & appellate jurisdiction (most common from U.S. dist courts & State S.C.)

◦ Can issue writ of certiorari compelling lower court to turn over record of case to S.C.

Court System

Court of record: keeps exact account of trial◦ Transcript, evidence, statements, judgment

Municipal Courts: traffic & criminal divisions◦ Are ordinances criminal laws?

Small Claims: under $2,500, no jury or attorneys. Can be appealed to state trial court

Juvenile Courts: 13-18, see page 58 Probate Courts: administer wills & estates for

deceased State Supreme Court

◦ Issue final decision unless U.S. Constitution or federal question of law is involved

State Court System – p. 56

List the three elements of a crime and specify if the crime is a felony or misdemeanor.

Lesson Objective

Elements of Criminal Acts1. Duty: know the law2. Violation of the Duty: conduct that violates the

statute3. Criminal Intent: intended to commit the act,

intended to do evil◦ Before one is convicted of a crime, prosecutors

must prove these 3 elements◦ What’s Your Verdict p. 65: is it a crime, what crime?

Can a corporation form criminal intent like individuals? Example? Called ‘Vicarious Criminal Intent’

Insane not responsible, intoxicated & drugged are

Criminal Law & Procedure

Felony: punishable by prison, fine of over $1,000 or death

Misdemeanor: punishable by fine, county/city jail.◦ Lesser misdemeanors know as infractions: littering,

parking tickets-no jail just a fine White collar crime: offenses committed in

business world. No force, violence or property damage. Examples?◦ Insurance fraud, embezzlement, tax evasion, stock

fraud, false weighing machines, price-fixing

Crimes

Conduct by law enforcement inducing a person to commit an offense that the person would otherwise wouldn’t commit.

A possible defense against criminal liability

Nonexample: sting operation where officer poses as buyer of drugs or under 21 buys alchohol

Entrapment

3 elements present for entrapment1. The idea of committing the crime came from

government agents & not from the person accused.

2. Government agents persuaded person into committing crime. (Simply giving someone the opportunity to commit a crime is not the same as persuading them).

3. Person was not ready and willing to commit the crime before interaction with the government agents.

Entrapment

Unauthorized taking of property of another with the attempt to deprive

Not larceny in IL, called theft Theft is a felony if the value of the property

exceeds $500 (in IL) or the property is stolen from the person of another.

Thresholds at $10,000, $100,000, and $500,000 determine how severe the punishment can be.

Amount varies from state to state Grand Theft Auto? Not just a game, Felony

Theft

Crimes: Larceny, a.k.a theft

Robbery- forcefully taking property from someone in their presence *Felony

Burglary: entering a building/house without permission & with the intent to commit a crime *Felony

Selling stolen property, shoplifting, pick pocketing

Larceny (theft) crimes

Receiving stolen property: receiver/buyer called fence

False Pretenses: receives money/property by lying

Forgery: falsely/materially altering a writing to defraud another, common with checks*Felony

What’s Your Verdict? – p. 67. What crime? Felony?

Crimes

Bribery: giving something of value to influence performance

Extortion: blackmail-using force, fear or power to obtain money or property

Conspiracy: agreement between 2 or more people to commit a crime.

Arson: intentionally burns building w/out owners consent

What’s Your Verdict? - p. 68

Crimes

Assault: threat or fear of violence Battery: offensive touching

◦ Can be criminal False Imprisonment: held against will Defamation

◦ Slander-spoken; Libel-written◦ False, communicated to 3rd party, cause injury

Intentional Torts

Invasion of Privacy: eavesdropping, reading mail, tapping phone

Trespassing: entry on property w/out consent

Conversion: using property inconsistent w. owner’s rights

Fraud: intentional misrepresentation of a material fact

Negligence: carelessness; most common tort

Intentional Torts

Students will be able to analyze cases and determine what crime, if any, has been committed

Lesson Objective

Elements of Criminal Acts1. Duty: know the law2. Violation of the Duty: conduct that violates the

statute3. Criminal Intent: intended to commit the act,

intended to do evil◦ Before one is convicted of a crime, prosecutors

must prove these 3 elements◦ What’s Your Verdict p. 65: is it a crime, what crime?

Can a corporation form criminal intent like individuals? Example? Called ‘Vicarious Criminal Intent’

Insane not responsible, intoxicated & drugged are

Criminal Law & Procedure

Latin for “guilty mind”

The intention to commit a crime

One of the necessary elements of a crime, criminal intent

Habeas Corpus A person can’t be held in prison without first

being charged

Mens Rea

Latin for body of the crime; the essence of the crime

a crime must have been proven to have occurred before a person can be convicted of committing that crime.

For example, a person cannot be tried for larceny unless it can be proven that property has been stolen

Corpus delacti

Explain the use of illegally obtained evidence and how the burden of proof in a case is solved.

Identify cases

Lesson Objective

Evidence that is obtained illegally cannot be used

Aligns with the 4th amendment...which is??◦ Illegal search and seizure◦ Testimony is considered evidence too

Fruit of the poisonous tree doctrine

Larry Eyler serial killer, confesses to murder of Robert Calise in Lake Forest.

He was not arrested but he felt like he was not safe to go because put in squad car (not cuffed) & questioned in room (not cell) –total of 12 hrs◦ Evidence obtained was thrown out. Unlawful

seizure. Eventually convicted of the murder of Daniel

Bridges, 15 year old from Chicago and later confessed to 21 other murders all in the gay community of Chicago, Indianapolis & Ohio

People of IL vs. Larry Eyler

Beyond a Reasonable Doubt◦ Applies in Criminal Proceedings◦ If there is a real doubt, based upon reason and

common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then the level of proof has not been met.

Preponderance of Evidence Must be present for ruling in favor of plaintiff Applies in Civil Court Also in Family Court, Grand Jury

Need more evidence to convict in Criminal than Civil.

Burden of Proof

Probable cause: reasonable ground for belief◦ When tried you must be proved guilty “beyond a

reasonable doubt”◦ IL v. David Hendricks

David Hendricks convicted of murder of wife & 3 children, case appealed overturned years later at McLean County Law & Justice Center.

Murder weapons found, no other suspects Motive was Hendrick’s religion saw divorce as a sin Can’t prove Hendricks guilty “beyond a reasonable

doubt” What’s Your Verdict - P. 71

Rights of the accused

In custody being questioned about your own guilt

Rights read after you are arrested When are you arrested?

◦ When you don’t feel free to leave◦ Are you arrested in a traffic stop?

Ex: Caught red handed but not read rights◦ Only confession is thrown out◦ Theft that officer or witness saw is not thrown out

Miranda Rights