As a senior at AI, a teacher accuses you of plagiarism and the Dean expels you from school without allowing you a chance to state your case … can you force the school to give you due process under the law?

A toddler walks onto the train tracks and a train is coming. You have plenty of time to save the kid and still not put yourself in danger. Do you have a legal obligation to?

Is the act of flag burning an expression of free speech or should states be able to uphold statutes that prohibit this desecration of the flag?

BA226A Business Law

Week 1

Instructor: Cyn Roberts

Welcome to

Today’s class:

•Why is law important?

•What are the types of law?

•Where does our legal system come from?

•Where do the laws come from?

•Law is powerful

•Law is important

•Law is fascinating

Where does our legal system come from?

•England

•Founding Fathers

•Constitution•Congress (legislative power)

•Office of President (executive power)

•Federal Courts (judicial power)

The Constitution also:

•Ensures that individual states must retain

some power

•Guarantees certain rights to the people

How are laws made?

•Statutes -- congress or state legislature passes

new laws or statutes

•Stare decisis: “Let the decision stand”

•Principles of Equity

Types of law?

•Criminal

•Civil

Osborne v. Stages Music Hall, Inc.312 Ill. App. 3d 141; 726 N.E.2d 728; 2000 Ill. App. LEXIS157;244 Ill. Dec. 753 Illinois Court of Appeals, 2000

•Facts

•Issue

•Decision

•Reverse

•Remand

•Affirm

•Reasoning

Methods of dispute resolution

•Mediation

•Arbitration

•Litigation

State Supreme Court

State Appeals court

civil criminal specialty

US Supreme Court

US Court of Appeals

Trial Courts(by district - 94)

State Court System

•Organization of lower state courts varies by state

Federal Court System•Claims based on constitution•Diversity Cases

Trial Courts

Important terms:

•Pleadings

•Complaint

•Answer

•Default judgment

•Class actions

•Discovery

•Interrogatories

•Depositions

•Motion

•Summary Judgment

Rights in a trial•Right to jury (both sides) if money involved

•Adversary system

•Witnesses can be examined and cross examined

•Civil suits = “preponderance of evidence”

• (51-49 rule)

•Criminal suits must be proven “beyond a reasonable doubt.

Congress separates/defines power & responsibility

Congressional

Executive (office of the president)

Judicial

Some of the Protected Rights of Americans

Property

Free speech

Privacy

Equal protection

Fair treatement to defendants of a crime

Due process

What is due process and who does it effect?

Page 55 of your text discusses the case of a student at a state university. Read that case and be prepared with your answer to our earlier question when you come to class next week.

• Most new laws come from legislation /

statutes

• Many of our current laws are common laws

which come from precedent (Stare Decisis)

such as the “bystander law”

•Bit by bit common laws can change over time

Administrative Agency responsibilities

•Make rules (promulgate)

•Interpret rules

•Investigate

•Adjudicate (hold a hearing and make a decision)

Intentional Torts Business Torts

Negligence Liability

criminal lawchapter 5, 6 & 7

Tort = Wrong

Examples:

Con artist frauduently gets money from you

Dr. causes death or injury through negligence

A person publicly defames someone’s character by wrongly accusing them of something that injures their reputation

A tort is a civil action that seeks compensation from civil courts

•A tort action can be criminal AND civil

•Can be intentional or unintentional such as negligence or strict liability

Free speech and protection to personal reputation creates continual conflicts in the courts

Libel: written defamation (also tv and radio)

Slander: oral defamation

A plaintiff must prove:

1. Defamatory statement

2. Falseness

3. Communicated

4. Injury

True or False

A public personality receive less protection from defamation.

Other Torts

•False Imprisonment

•Battery and Assault

•Fraud

•Intentional infliction of emotional distress

Compensatory vs Punitive Damages

Compensatory: the amount of money the court believes will restore plaintiff to before the defendant’s conduct caused injury. (past and future expenses included)

Punitive damages only awarded in extreme and outrageous conduct

Business Tort

•Interference with a contract

•Intrusion

•Commercial exploitation

Negligence and Strict Liability

If you provide alcohol to a guest and that person kills someone in an auto accident after leaving your home, are you legally responsible?

Negligence and Strict Liability

Duty of due care

Breach

Factual cause

Foreseeable harm

Injury