1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments
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quarter -Civil Law and Litigation What types of evidence is there? What are the rules of evidence? What are the requirements for evidence to be admissible in court? Explain how evidence can be excluded (exclusionary rules) What are the types of privileged evidence? -Torts What is a tort? Name the different types of torts What happened in the McDonalds story discussed in class? Explain Intentional Torts: Battery, Assault, Mental Distress Explain what elements are required for a tort to be negligent
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Constitutional Law- Supremacy Clause- “This Constitution, and the laws of the United States which shall be made in pursuance thereof…… shall be the Supreme law of the Land; and the Judges in every state shall be bound thereby …..” Article VI Judicial Review- U.S. Constitution doesn’t provide that federal courts can declare a statute unconstitutional and void, but they can./Marbury v. Madison, 1803 introduced judicial review Activism v. Restraint- Over time, not a liberal vs. conservative issue
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Court- this is the highest judicial court in a country or state. Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown. This is the second higher court, high and County courts & consists of 2 divisions; Civil and criminal divisions In the civil division, the court of appeal hears appeals to do with civil law and family justice from the high court, tribunals and sometimes from the county courts. Whilst the criminal divisions
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5. The Key Study Areas are as follows….. * TCO A -Business ethics: Three layers of Business ethics: * 1) Basic values (honest, keeping promises) * 2) Notion of fairness (how do we treat others?) * 3) Issues related to community, environment, neighbors Business ethics considers fairness and morals standards amidst the pressure of earning a profit and providing returns to shareholders. Sometimes we may have business ethical tensions where Employee has personal economic
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Chapter 23 Employment and Immigration Law • EMPLOYMENT AT WILL Either party may terminate the employment relationship at any time and for any reason (unless doing so would violate provisions of an employment contract) o Exceptions: Contract theory- implied employment contract Tort theory- emotional distress, defamation Public policy- whistleblowing o Wrongful discharge- violation of an employment contract/statute protecting employees • WAGE/HOUR LAWS Fair labor standards act- minimum
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LAW OF TORT W/C: 4/3/2013 DAMAGES 1a) why is an award of exemplary damages controversial and when may it be made? * They are controversial as they are used punitively with the intention of punishing the defendant- a lot of people feel that the punitive function should be performed by criminal, not civil law; * Statute and precedent prevented their abolishment; * Three categories of exemplary damages were identified in Cassell & Ltd v Broome [1972]: 1. Conduct calculated
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CS 340 – Legal & Ethical Issues in Computing – FALL 2012 - 3 hours C Course designation: CS 102 or an equivalent is a required pre-requisite. Extensive use of the computer is required for a passing grade in this course. Course Objective: To increase awareness of the ethical and legal issues of computing and responsible use. Course Description: By way of case study and fact pattern analysis, we will find and frame legal and ethical issues presented by past, contemporary and emerging technology. Cases
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Social Media Tools in E-Commerce The Internet allows individuals, companies, and entire organizations the ability to interact and socialize. Typically individuals are consumers on the web, looking for information, researching, and purchasing products. Through social media, consumers are advancing from content consumers to content producers. Instead of researching, people can post their ideas, their personal or business information online on websites such as Face-book, twitter, My-space, blogging
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discharged. Elaine can figure this out by asking her self questions about the different legal issues at hand. Was there a statutory exception? Federal labor law prohibits employers from discharging employee-members of labor unions in violation of labor laws or collective bargaining agreements. Title VII along with federal and state law also prohibit discharge based on discrimination of race, gender, religious belief, age, handicap, or any other form of discrimination. This is probably the best
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