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 criminalspecialty 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 law chapter 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