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by John Bagby and F. William McCarty
The Legal and Regulatory Environment of e-Business: Law for the Converging Economy by John Bagby and F. William McCarty © 2003 by West Legal Studies in Business/A Division of Thomson Learning
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Chapter 1 Law in Business
© 2003 by West Legal Studies in Business/A Division of Thomson Learning
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Introduction: Origins of Law
Civil law legal system developed from codifying local customs. Common law developed from previous court decisions. Islamic legal system is based on the Koran.
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What is Law? Law is a set of rules set forth by and for society which guides our actions. Not all rules and customs are laws, but all laws are binding rules. Law is dynamic and changes with society.
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Discuss the similarities and differences of each type of law:
Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss Classification of Law Discuss the similarities and differences of each type of law: Substantive Civil Law Statutory Law Common Law Procedural Criminal Law
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Classification of Law: Who Initiates Action?
In criminal law, society brings an action. The title of the case would read: The State of Kansas v. John W. Smith In civil law, the wronged party files suit. The title of the case would read: Kisha Brown v. John W. Smith
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Classification of Law: Purpose of the Case
The purpose of a criminal suit is to determine whether the accused committed a crime and deserves punishment. The purpose of a civil suit is to determine if wrong has been done to an individual and, if so, what kind of damages are warranted.
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Law and E-Commerce The Internet has introduced new legal problems such as Illegal distribution of pornography Intellectual property rights Violations of privacy The September 11, 2001 attacks have prompted the need for more regulations in many areas.
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The Legal Environment of E-commerce
The legal system Includes legal, regulatory, and political institutions and legal processes affecting business activities Private law Includes product and service liability and some aspects of business organization Intellectual property Includes patents, copyrights, trade secrets, and trademarks
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The Legal Environment of E-commerce
Regulatory law labor and employment, antitrust concerns, securities, and environmental concerns E-commerce contracting exactly when contracts occur, payment and performance, transfers of title, and computer usage
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