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Published byGrant McDowell Modified over 9 years ago
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Four sources of law: Constitutions Statutes Case law Administrative regulations Main types of laws include: Civil law Criminal law
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Criminal Law Criminal Law is a group of laws that defines and sets punishments for offenses against society. Classifications of crimes: Felony Misdemeanor
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Criminal Law Elements of criminal acts: Duty – whether you were aware of your duty to do or not to do a certain thing Violation of duty – whether you performed an act or omission in violation of that duty Criminal intent – whether or not you had criminal intent which generally means that the defendant (1)intended to commit the act and (2)intended to do evil
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Criminal Law A felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both – or even death. A misdemeanor is a less serious crime usually punishable by confinement in a county or city jail for less than one year, by fine, or both.
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Criminal Law & Businesses Criminal offenses committed in the business world are typically referred to as white-collar crimes. Larceny –theft Receiving stolen property False pretenses – type of fraud Forgery –altering a writing
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Criminal Law & Businesses White-collar crimes included… Bribery Computer crime Extortion –blackmail Conspiracy – an agreement between two or more persons to commit a crime Arson – the willful and illegal burning of a building
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Chapter 4Slide 7 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution
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Chapter 5Slide 8 HOW DO CRIMES AND TORTS DIFFER? Crime - Offense against society Tort -Offense against an individual with damages (money, something awarded)
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Civil Law Civil law is a group of laws used to provide remedy for wrongs against individuals. A tort is a private or civil wrong – an offense against an individual. If someone commits a tort, the person injured as a result can sue and obtain a judgment for damages.
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Chapter 5Slide 10 ELEMENTS OF A TORT Duty Violation of the duty -negligence – carelessness -some require that breach of duty is intentional Injury Causation – breach of duty caused injury
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Chapter 5Slide 11 WHAT CONSTITUTES NEGLIGENCE? Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence
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Civil Law “Damages” is a money The money is meant to restrain the injured individual’s desire to get revenge by taking the law into her/his own hands.
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Civil Law Intentional torts are torts in which the defendant possessed the intent or purpose to inflict the resultant injury. Assault – threat of injury Battery – harmful or offensive touching of another Defamation – injury to a person’s reputation
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Businesses Have Legal Responsibilities Sweatshops are factories that have unsafe working conditions, treat workers badly, and pay poorly Occupational Safety and Health Administration (OSHA)- a division of the Department of Labor that sets and enforces work-related health and safety rules.
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Responsibilities to Customers Food and drug Administrations (FDA)- a governmental agency, protects consumers from dangerous or falsely advertised products Poisoned Tylenol story Food and drug Administrations (FDA)- a governmental agency, protects consumers from dangerous or falsely advertised products Poisoned Tylenol story
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Responsibilities to Employees Equal Pay Act of 1964 – requires that men and women be paid the same amount for the same work Americans with Disabilities Act Equal Pay Act of 1964 – requires that men and women be paid the same amount for the same work Americans with Disabilities Act
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Responsibilities to Society Environmental Protection Agency (EPA) – a federal agency that enforces the rules that protect the environment and control pollution -Use of non- renewable resources -conservation is goal of many companies Environmental Protection Agency (EPA) – a federal agency that enforces the rules that protect the environment and control pollution -Use of non- renewable resources -conservation is goal of many companies
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Responsibilities to Society -Employee wellness -workplace diversity -safety on the job All are becoming important to businesses -Employee wellness -workplace diversity -safety on the job All are becoming important to businesses
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