...Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative...
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...small and big businesses like your company have numerous methods to protect themselves from lawsuits in the area of criminal activity and workplace torts. With proper training programs and a comprehensive set of electronic communications policies in place, companies such as yours can reduce many of the criminal and workplace torts that could occur within your workplace or business location and reduce the risk and occurrence of lawsuits and liabilities associated with the improper and illegal usage of the company resources such as Internet usage, email, and use of the company Network and computing systems. Many of the torts that typically occur outside of the workplace can easily occur within the workplace environment because of improper employee use, misuse, or illegal use of the Internet, social media, and email provided by companies such as XYZ Corp. A brief summary of the workplace torts that can create corporate liability and from which corporations and business owners must protect themselves from include but are not limited to: 1. Intentional torts (torts against a person): Assault, Battery, False Imprisonment, and Intentional infliction of emotional distress. 2. Property Torts such as Conversion and Copyright Infringement. 3. Dignitary torts activity that causes injury another person’s reputation or honor. 4. Torts are affecting business operations, such as Fraud and Tortious interference. 5. Negligence due to failure to provide a reasonable standard of care while...
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...1. What is a tort? A tort is a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies for the invasion of various protected interests. The basic categories of torts are two classifications intentional and unintentional torts. (p.116) 2. What is a cyber-tort, and how are tort theories being applied in cyberspace? A tort committed in cyberspace. Tort theories which apply to cyberspace are those of defamation, which is complicated by the anonymity of the internet service provider (ISP). In order to prosecute, court order is often necessary to get an ISP to reveal the identity of the source of the comments. (p. 129) 3. Two sisters, Darla and Irene, are partners in an import business located in a small town in Rhode Island. Irene is married to a well-known real estate developer and is campaigning to be the mayor of their town. Darla is in her mid-thirties and has never been married. Both sisters travel to other countries to purchase the goods they sell at their retail store. Irene buys Indonesian goods, and Darla buys goods from Africa. After a tsunami (tidal wave) destroys many of the cities in Indonesia to which Irene usually travels, she phones one of her contacts there and asks him to procure some items and ship them to her. He informs her that it will be impossible to buy these items now because the townspeople are being evacuated due to...
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...located in Delray Beach, FL with other offices located in Jacksonville, Miami, Orlando and Pensacola. The services that are related to malpractice insurance are medical professional liability, allied health professional liability, healthcare facilities professional liability and vicarious liability. The company offers higher limits on malpractice coverage up to $ 3 Million or more upon a request, regulatory and investigatory coverage, and employment practices liability, cyber liability protection coverage and medical directorship coverage. The headquarters of OROS Risk Solution LLC is located in Orlando, FL. The law office offers the following services related to medical malpractice insurance: medical professional liability insurance, hospital professional liability insurance, fiduciary liability insurance, provider excess liability insurance, cyber liability...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan Damesha N. Horace Law 531/Business Law July 19, 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest (West’s Business Law, 2004). To reduce litigation and tort liability, businesses should ensure they are educated in local, state, and federal laws, and regulations. To protect its reputation and assets, it is critical that businesses have a plan in place to address tort and regulatory risks. Preventative, Detective, and Corrective Measures A preventative plan should include procedures that make businesses aware of regulations and liability torts they could encounter. The company business plan should also include actions to take in the event of a government regulation violation or tort liability. The plan should identify possible torts for non-compliance to government laws and regulations. Other issues that should be in the plan include health risks to employees, consumers, and the public. Companies should delegate a team of individuals to educate employees. This team should fully understand laws and regulations and also keep management abreast of new issues as they develop in the industry. Common Torts and Risks Negligence, defamation/slander/libel, invasion of privacy, Freedom of Information Act (FOIA), and strict liability are tort liabilities uncovered after...
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...A federal agency such as (SEC) U.S. Securities and Exchange Commission is responsible for making sure they are enforcing the federal securities set forth. In order for this agency to be active in enforcing these laws Congress allows the agency to bring Civil enforcement actions against anyone whether a company or individual who has committed accounting fraud. By providing false information or any other violations of the securities law SEC makes it a requirement that people or companies submit quarterly and annually reports. These reports shows the SEC what your companies plan is for now and the future in regards to goals or any special projects you have in mind. Reports given to the SEC are posted where the public has access to all the information. There is always someone watching out for fraud from companies and as soon as the wrong information is given or the company is caught committing fraud, basically the SEC is notified and an investigation is done at that time. Please note there are five divisions with the SEC, Corporation Finance, Trading and Markets, Investment Management, Enforcement and Risk, Strategy, and Financial Innovation so SEC is always working hard to make sure laws are not broken. The SEC stated that the securities firm’s former officials, acting as agent for the bank engaged in rigging bids for guaranteed investment for contracts during the time of 1997-2005 in connection with $14.3 billion of muni bonds. There are certain elements for contracts...
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...Electronic contracts and electronic signatures are just as legal and enforceable as traditional paper contracts signed in ink. Federal legislation enacted in 2000, known as the Electronic Signatures in Global and International Commerce act (ESGICA), removed the uncertainty that earlier afflicted e-contracts. This 2000 e-signature law made electronic contracts and signatures as legally valid as paper contracts, which was great news for companies that conduct business online, mainly companies that offer financial, insurance, and household services to consumers. The law also benefits B2Bs (business-to-business websites) who need enforceable agreements for ordering supplies and services. For all of these companies, the law helps them conduct business entirely on the Internet. This results in important savings to businesses, which can be passed on to consumers. For example, one online company estimated that eliminating paperwork fees reduced the cost of processing a home loan by $750. An electronic contract is an agreement created and "signed" in electronic form -- in other words, no paper or other hard copies are used. For example, you write a contract on your computer and email it to a business associate, and the business associate emails it back with an electronic signature indicating acceptance. An e-contract can also be in the form of a "Click to Agree" contract, commonly used with downloaded software: The user clicks an "I Agree" button on a page containing the terms of the...
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...Law and the Internet: Trespass to Chattels Abstract: This paper focuses on the use of Trespass to Chattels Law by owners as protection against the intentional use of their systems or the resources therein by unauthorized parties. The trespass to chattels law cannot be correctly applied to internet-related property rights because this law is being incorrectly used and does not adequately address the concerns of internet property owners and the rights they seek to protect. The 19th Century trespass to chattels tort is being utilized in cyberspace to protect systems against unauthorized use in the same way it is used to protect tangible/physical property. This law was first used by internet service providers (ISPs) to fight against unsolicited bulk email or spam, which was being sent in excess over their networks and systems. However, it is becoming increasingly clear that the blanket application of this law to the internet has an adverse impact on the key function of the internet. Trespass to chattelslaw is now commonly used to fight against Robots (BOTs), which are automated programs that search the Internet. In many cases such as eBay v. Bidder’s edge, and Ticketmaster Corp. v. Tickets.com, this law was used to fight the ability of users to search the internet and of providers to present data to users. This ability to search and present data is the primary purpose of the internet, and the overbroad application of trespass to chattels law, without any form of modification...
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...your decision. * Propose three distinct types of decisions that are issued by the U.S. Supreme Court. Discuss the implications of these decisions to business. LEG 565 Week 2 Discussion 1 "Types of Resolution" Please respond to the following: * Differentiate among arbitration and other non-judicial methods of alternative dispute resolution. For each method, offer one type of business case that might be settled in this manner. * Take a position on the pros and cons of e-Courts and e-Dispute resolution. Discuss whether or not you would prefer this method of settling your court case and state why. Determine what types of cases are best suited for e-Courts. LEG 565 Week 2 Discussion 2 "Types of Torts" Please respond to the following: * Differentiate between the types of torts and provide an example...
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...Short Essays on the JP Morgan Trading Losses of the summer of 2012 LEG100 10/27/2013 JP Morgan Organizations such as the Securities Exchange Commission and the Commodities Futures Trading Commission are independent agencies that are legally charged with regulating and providing guidelines for the trading and or exchanging of the goods and services within their respective jurisdictions. The Securities Act of 1934 has fully empowered the SEC to do a periodic evaluation of reports from companies that publicly trade their securities. The same act hands the SEC the powers to discipline individuals and entities that are regulated if found in breach of industry rules and regulation (Mahony, 1982). The Commodities Futures Trading Commission on the other hand was created in 1974 to protect individuals, the public and industry players from manipulation, fraud, and potentially abusive practices while at the same time fostering competitiveness, openness and creating markets that are sound (Teall, 2012). There are four basic elements of a contract as Miller (2012) writes. The first important requirement in the formation of a contract is an agreement. In an agreement there should be a party that offers to enter into the legal agreement and another one that accepts the terms of the offer placed. The terms of the contract should contain wording that allows meeting of the minds of both parties that allows them to consciously read and or understand what is in store for them...
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...discriminatory acts and breach of copyright. (Dale, 2005) In vicarious liability, the key question is the difficulty in determining whether the employee was acting in personal capacity or in the course of their employment. The knowledge of the employer is irrelevant on the wrongdoing. Though, the employer could take reasonable steps to prevent such acts from occurring and take remedial and corrective measures. For example, policies and standards could be prosecuted and training could be provided. Employer also may claim the right to a limited indemnity from the employee if the employer is vicariously liable for the tort of an employee under common law. However, this could not apply to the employer when he required the employee to do something illegal.(Queensland Law Reform Commission, December 2001) Cyber-liability What has changed nowadays is the notion of cyber-liability. Cyber liability addresses the first and third party associated with e-business, the Internet, networks and informational assets. The employers could be held liable for the actions of their employees in their internet communications, which may include data breaches, network security, infringement of intellectual property,...
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...COURSE SYLLABUS BUSINESS FINANCE 3500 - LEGAL ENVIRONMENT OF BUSINESS Instructor: Joseph R. Irvine CPA, M.S., J.D. The Ohio State University 240 Fisher Hall Phone: 688-5699 e mail - Irvine.17@osu.edu Course Description: An introduction to American legal institutions and sources of law and an analysis of basic concepts of public and private law related to business decisions. 1.5 credit hrs. Meeting Time and Location: MWF 10:20-11:45, Room 320 Schoenbaum Hall. Course Objectives: The primary objectives of this course are to provide students with: a) an understanding of the legal framework within which American business operates, b) an introduction to basic concepts of public and private law relevant to business decisions, and c) experience in legal analysis. This course will involve discussion, questions and answers on the materials, and case study. Class participation will be expected. Students will be expected to discuss the cases and problems in each chapter covered and turn in answers to the chapter problems. Unannounced quizzes may be given and case briefs may be required. Primary Text: Fundamentals of Business Law, Summarized Cases, 8th Edition Roger LeRoy Miller and Gaylord A. Jentz, Published by South-Western Cengage Learning Softbound...
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...platforms/infrastructures. As cyberspace gets more and more complex and its components more and more sophisticated, especially due to the fast development and evolution of (broadband) Internet-based platforms, new and unforeseen vulnerabilities may emerge.” And further that “in the hands of persons acting in bad faith, malice, or grave negligence, information society technologies (ISTs) may become tools for activities that endanger or injure, the life, property, or dignity of individuals or even damage the public interest. Technology-enabled crimes are also known as high-tech crime, computer crimes or cyber crime. They include crimes committed directly against computers and computer systems, as well as the use of technology to commit or facilitate the commission of traditional crimes, bringing unique challenges to law enforcement. IT security in ICT, with the association of the Internet, has evolved into cyber security as we know it today. * Computer – based communications across territorial borders Global computer based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility and legitimacy of laws based on geoghraphic boundaries. While these...
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...(Roman Code → Napoleonic code → Germanic Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal...
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...INTRODUCTION As the time people nowadays mostly used and get close enough with the technology as their daily routine of work and daily life. However, the use of computers will lead to the cybercrime. Cybercrime can be relate to the computers, IT and the Internet technology. Cyber world is known for its unlimited space and boundaries. Talk about cyber world, it is must have a violation that we will face it. Consequently in our country, cyber world become an ocean of information that enables people to share, communicate, and make business, making friends including creating opportunities to commit crimes and taking advantage of people openness in sharing data and information about themselves by those predators looking for victims in the cyber world. Regulating behaviour is never easy despite the existence of laws and regulations and one of the most difficult challenges is that technology are often too fast developed for the law to catch up. VIOLATION OF THE CYBERLAWS AND COMPUTER ETHICS Talk about available laws, have a lot of violation that will impact to us in our daily life...
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