Revised ppt and proj due in 24 hours
combs
IntroductiontotheLegalEnvironmentofBusiness.docxIntroduction to the Legal Environment of Business
The Legal Environment: Courts, Alternative Dispute Resolution, and Agency
by Rosemary Hartigan and Paula O'Callaghan, Professors, UMGC
Why Should I Care about the Law?
Why do businesspeople need to know anything about the law? Some people think of lawyers in business as a necessary evil. There is some truth to the "necessary" part: if everyone were scrupulously honest and had photographic memories regarding all statements uttered that could constitute promises, perhaps lawyers wouldn't be needed. But, alas, we are mere mortals with failing memories and sometimes failing ethics.
A Systems View of the Roles of the Lawyer and the Manager
One view of the respective roles of the lawyer and the manager in a business is that the lawyer should guide the manager in analyzing risk—this is in the lawyer's training, and it's the lawyer's responsibility to accurately convey the nature of legal risks to the client; however, it is up to the manager to make the final business call.
Generally speaking, lawyers are inherently conservative when it comes to risk. Managers can't abdicate responsibility for making the business call. This is one of the main reasons for managers to have legal literacy. You need to know when you need legal advice, and then what to do with it. Sometimes, basic legal knowledge is necessary on the front lines of dealing with customers and coworkers.
Knowing something about the law can assist you in prevention. Legal analysis skills help you to avert lawsuits and other unpleasantness so that you can stay focused on running your business. However, there will be instances in which you have to bring a legal-related matter to closure. Perhaps you've taken over from an executive who has left the department or company and left behind a problem that requires a legal solution. Or, you did something that triggered a legal response from a customer or vendor. If you know the relevant legal rules for your area of business, you'll know when it's appropriate to involve legal counsel.
Let's begin with a basic overview of the two types of law.
Differences between Civil and Criminal Law
American society highly values ingenuity and entrepreneurship, but there are legal limits on the conduct of commerce. Some of these limits are statutory, which means that a law-making body has enacted a specific law to regulate a specific activity (e.g., the Sherman Act statute regulating antitrust). Some of these legal limits are found in the common law (e.g., tort law imposing liability on an infinite variety of behaviors). Most of the legal limits on business fall into the category of civil law .
One big difference between civil and criminal law is in the potential penalties. Civil law liability carries penalties that are monetary—so-called damages. The culpable party pays damages in an amount the court believes will make the wronged party whole. This contrasts with criminal law, where the possible penalties are limits on personal freedom (such as incarceration or death), although monetary penalties are also possible (such as a fine payable to the government or restitution to the victim).
There is one major exception to the rule that business contracts do not involve criminal penalties for breach: this is in government contracting. Because so many students at UMGC have employment that involves contracts with the US government in some manner, this is often a point of confusion.
Government contracting is a special circumstance where the contracts involve civil law, yet breach of contract potentially involves criminal penalties. The criminal penalties can include jail time for serious violations. Those of you who work in this area probably have attended or will attend a professional development seminar about contract compliance in which you learn the particulars of your contractual obligations.
Trend Developments in Business Law
The past 20 years have seen a rise in the criminalization of business law. While it's still true that no one goes to prison for breaking the terms of a contract (notable exception: government contracting), there has been a marked increase in the number of business-related activities that carry possible criminal penalties.
Business activities that are punishable by criminal penalties (in addition to fines and damages) are known as white-collar crimes. Many of you are familiar with famous cases involving business people—Martha Stewart (ImClone), Kenneth Lay (Enron), Dennis Kozlowski (Tyco), and, of course, Bernie Madoff. Those businesspeople got themselves into the criminal justice system by committing fraud, lying to federal authorities, or otherwise invoking specific laws to deter commercial crimes such as insider trading of stock. The possible penalties for white-collar crime do include imprisonment as well as fines and damages.
When you see a businessperson in handcuffs doing the "perp walk," ask yourself, "What law has allegedly been broken?" Typically, there will be a law (statute) or a regulation (e.g., Securities and Exchange Commission [SEC] rule) that allegedly has been transgressed.
Resources
Learning Resource
Court System
What Is the Authority for the Federal and State Judicial Systems in the United States?
The authority for the federal and state judicial systems is found in the US and state Constitutions. Below is a breakdown of the courts as authorized under Articles I, II, and III of the US Constitution. State constitutions are modeled after the US Constitution and generally establish a similar court structure.
Federal System
Article I
Article I of the Constitution creates the legislative branch of the federal government. Pursuant to the authorization of Article I, Congress has the authority to create inferior courts under the US Supreme Court. Also, Congress has the authority to create legislative courts and a limited ability to delegate law-making authority to other branches. The Supreme Court has ruled that Congress has the latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" to govern the agency's exercise of the delegated authority. As such, Congress delegates to the administrative agencies the responsibility for formulating regulations to effectuate and expand upon the statutes passed by Congress. These agencies, under the supervision of the executive branch, establish administrative courts to adjudicate disputes arising pursuant to agency regulations.
Ask Yourself
· How do you feel about Congress' ability to delegate law-making authority? Have you ever thought about who drafts regulations surrounding a statute?
· Congress passes a federal act easing the restrictions on the sale of securities by private companies. Congress outlines the specific purposes of the Act, but fails to provide any procedural mechanisms for carrying out its function. Congress, in the Act, direct the Securities and Exchange Commission (an Independent federal Agency), to create regulations sufficient to carry out the statutory provisions. Where does Congress receive the authority to make this delegation and what statutory level of guidance is required to make this delegation constitutional?
Article II
Article II of the Constitution establishes the executive branch. It grants the president authority to preside over certain administrative agencies and legislative courts created by Congress. Many administrative agencies create special courts for the adjudication of disputes arising under its jurisdiction or within its regulatory authority. These administrative courts are known as "Article I courts" based upon their authorization. Legislative courts are courts of special jurisdiction created by Congress to hear special matters.
Article I courts include bankruptcy, military, tax, and immigration courts. Appeals from these special courts go to Article III courts.
Ask Yourself
· How do you feel about administrative agencies establishing their own courts? How do you feel about the executive branch overseeing administrative courts? Does the ability to appeal administrative decisions to an Article III court provide sufficient check on the executive branch's authority?
· The Internal Revenue Service (IRS) is an executive agency under the purview of the president of the United States. John receives a letter from the IRS explaining that he has income tax liability far beyond what John believes is accurate. After disputing the IRS's tax assessment, John decides to bring a legal action in the US tax court challenging the tax amount. What is the authority of the US tax court and does it have authority to hear the matter of John's tax assessment?
Article III
Article III of the Constitution holds, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The US Supreme Court is the only court specifically established by the Constitution. Congress has created several subordinate courts below the Supreme Court, which include the federal district courts, federal circuit courts, and numerous ancillary courts that have special jurisdiction. Pursuant to Articles I and II, all members of Article III courts and tribunals are appointed by the president and are confirmed by vote of the Senate.
Ask Yourself
· Can you think of any reasons why Congress decided to create numerous courts that are subordinate to the Supreme Court? How do you feel about the right of the president to nominate judges? How do you feel about the requirement that the Senate approve judicial nominees? Can you recall any instances where the Senate has refused to confirm a presidential nominee to a federal court?
· At the end of the year, it is expected that there will be approximately 150 federal judgeships open. The president of the United States has assembled a list of nominees for the positions. His list is very well planned and all of the candidates have the appropriate credentials for the position. Can the president rest assured that all of his nominees will receive the nominated judicial position?
Article IV
Article IV courts are US territorial courts, such as those of Guam, Northern Mariana Islands, and the US Virgin Islands, established under the Territory Clause of Article IV.
Ask Yourself
· Think about the formation of courts in these jurisdictions. These are not states and, therefore, Congress must act to establish courts with jurisdiction over these protectorates. How do you feel about territories of the United States that are not represented in the federal government, but are subject to federal jurisdiction?
· In the US territory of Guam, Hanna is the victim of a crime when someone steals her automobile. What laws would be effected in this scenario and how would this situation differ from a similar occurrence in California?
State System
The US Constitution, pursuant to the Tenth Amendment, provides for both federal and state governments. While the US Constitution provides the authority for federal courts, a state's constitutions provides the authority for state courts. Generally state constitutions follow a model that is very similar to that of the US Constitution and allow for judicial, legislative, and administrative courts.
Ask Yourself
· Why do you think state constitutions follow a structure that closely resembles that of the US Constitution? Is there any requirement for state judiciaries to function similarly to federal courts?
What Is the Authority for Federal Courts?
Article I Federal Courts
Article I federal courts include legislative courts and administrative courts. Legislative courts are those created by Congress pursuant to authority granted under Article II to handle special jurisdictional matters. Administrative courts are those created to adjudicate disputes of a particular administrative agency.
Examples of legislative and administrative courts include the following: DC judiciary, DC Court of Appeals, DC Superior Court, US Court of Appeals for Armed Forces, (Several Military courts of Appeal), US Court of Appeals for Military Claims, Armed Services Board of Contract Appeals, Civilian Board of Contract Appeals, Board of Immigration Appeals, US Immigration Courts, Board of Patent Appeals and Interferences, Trademark Trial and Appeal Board, US Postal Service Board of Contract Appeals, US Court of Federal Claims, US Tax Court, US Bankruptcy Courts, Social Security Administration Office of Disability Adjudication and Review, US Merit Systems Protection Board, Board of Veterans' Appeals, US Courts-Martial, Guantanamo Military Commissions, and US Court of Military Commission Review.
Ask Yourself
· Lawrence, a member of the US Army, is charged with deserting his unit at Fort Campbell, Kentucky. He is later apprehended by state police and extradited back to military control. The military decides to bring charges against him for the crime of desertion under the military code of justice. What is the authority for bringing criminal charges against Lawrence and who oversees the process?
Article III Federal Courts
Article III federal courts include the following:
· US Supreme Court—Article III of the Constitution establishes the US Supreme Court as the highest court in the land. It has "original jurisdiction" over certain matters, but serves almost entirely as an appellate court. It provides appellate review of the decisions of the highest state court and decisions from all federal appellate courts.
· federal appellate courts—These courts serve as the appellate courts for matters decided by judge or jury in the District Court. There are 13 federal appellate courts consisting of 11 enumerated US Circuit Courts of Appeal, the District of Columbia Circuit, and the Federal Circuit.
· ancillary federal courts—These are Article III federal courts with special authority and vested with specific jurisdiction by Congress. These ancillary courts include: US Foreign Intelligence Surveillance Court of Review; US Foreign Intelligence Surveillance Court; US Court of International Trade, and US Alien Terrorist Removal Court.
· district courts—These are the Article III trial courts for the federal system. There are approximately 94 district courts spread throughout the United States. They do not follow state boundaries; rather, they are positioned within pre-established federal jurisdictions. There are also courts of limited jurisdiction, known as federal magistrate courts, which exist in support of the federal district courts.
Ask Yourself
· Why do you think that there are such fewer federal trial and appellate courts than in the state court systems? How many cases does the US Supreme Court hear in a year? Does this number surprise you? Why or why not? What do you think is the reasoning behind the creation of special ancillary courts?
· Meredith is involved in a civil trial in the US District Court located in the state of Maryland. At the conclusion of the trial, she appeals the court's decision to the appropriate appellate court. Which Circuit Court of Appeals would be charged with reviewing Meredith's request for appeal?
Article IV Courts
Article IV courts are territorial courts specially created to act as the court of general jurisdiction in select federal jurisdictions. These courts have jurisdictions similar to that of a federal district courts; however, they also exercise subject-matter jurisdiction over matters typically reserved to state and local courts in a jurisdiction. These courts are designated to a specific circuit court of appeals for all appeals from the trial court.
With regard to appellate matters, the Virgin Islands district court falls under the 3rd Judicial Circuit Court of Appeals, while the district courts of Guam and the Mariana Islands fall under the 9th Circuit Court of Appeals.
Ask Yourself
· State governments generally create laws pursuant to its police power. The federal government generally creates laws pursuant to the Commerce Clause or taxing and spending power under the US Constitution. How do you feel about the creation of federal courts to hear matters traditionally controlled under state law?
What Types of Courts Exist in the State Judicial System?
State governments establish courts pursuant to Articles III and I of their respective state constitutions. The general structure for the state court system is outlined below.
Article I State Courts
All state constitutions allow for administrative state agencies to handle regulatory issues between citizens and the state government. These courts are structurally and operationally similar in nature to federal administrative courts. They fall under the state executive branch's authority. Examples of state administrative courts include revenue (taxation), licensing, disability, employment, etc.
Article III State Courts
State Supreme Court
The State Supreme Court is generally the highest court in a state. In some states there is a different naming convention. In New York, for example, the highest court is the Court of Appeals. Nonetheless, the purpose of the highest state court is the same across all states. They review cases generally to ensure the correct or appropriate application of law in accordance with the state's constitution. Cases generally go before the Supreme Court via a writ of certiorari or pursuant to request for appeal by a losing party. This process is similar to that of the federal system. Some state cases have automatic appeal rights to the state Supreme Court. This is the case for all capital murder cases.
Appellate Court
Many state judicial systems have an intermediate court of review. Not every state is big enough to have an intermediate appeals court. As such, appeals must go directly to the State Supreme Court. The function of the intermediate state court of appeals is similar to that of the Federal Circuit Court of Appeals. It reviews the decisions of lower courts based on their interpretation and application of law to the facts of the case – as present in the record of trial.
Superior Court
The superior court is generally the naming convention for the highest level of trial court in the state. That is, the superior trial court is the court with general jurisdiction empowered by the state constitution to hear any matter of state law. It is the trial court for the most serious offenses (criminal and civil). It will hear any cases falling outside of the jurisdiction of subordinate trial courts. These courts generally employ juries as triers of fact.
Intermediate Trial Court
Nearly all states have an intermediate trial court that has limited jurisdiction over certain types of cases. This court will generally hear criminal cases involving charges that have a specified limit in the potential sentence if found guilty. Further, it will generally hear civil lawsuits that have a specific limit in the dollar amount in dispute or in controversy. These courts often have special limitations, such as no right to jury trial and special court rules. The geographic jurisdiction of the court is generally broken down by county or district.
Courts of Limited or Special Jurisdiction
Most states designate special courts to hear cases of a particular subject matter. This frees up the intermediate and superior trial courts to focus on criminal and civil trials that meet their jurisdictional requirements. Common examples of courts of limited jurisdiction include the following:
· municipal court—Municipal courts are courts of limited jurisdiction to handle local ordinance violations. The geographic jurisdiction is generally limited to within the city or town limits. Common municipal court cases include citations (tickets) based on speeding or noise violations.
· magistrate court (small-claims court)—This is a special court of limited jurisdiction to empowered to hear minor criminal offenses and small civil disputes. Magistrate court is important for small businesses. It handles much of the litigation between businesses and customers that falls within a jurisdictional limit (commonly $10-20K or less). The benefits of the magistrate court are that it generally has very informal court procedures and low court costs.
· probate courts—Probate courts handle matters involving death and estate administration. Specifically, the word probate signifies the process of administering an individual's estate. The court may also hear matters of child welfare and related family matters, such as guardianship, adoption, etc.
· family courts—Some states have a designated court to handle family law matters. The primary subject- matter jurisdiction for these courts includes divorce, annulments, and spousal and child support disputes.
· courts of equity—Some states designate special equity courts that operate based on principles of fairness. These courts apply "equitable maxims," rather than statutes, to reach a fair and just result. Most states have unified courts of law and equity and do not designate stand-alone courts of equity. Equity courts often hear civil disputes that do not involve the commission of a tort (such a mortgage default). They may act as a special form of mediator to certain disputes between individuals and businesses. States that have courts of equity include: Delaware, New Jersey, Mississippi, South Carolina, and Tennessee.
· business courts—States increasingly create a separate court or docket within the trial system to hear business law matters. These courts recognize the need to employ judges who are subject-matter experts in business principles.
Ask Yourself
· How do you feel about state's developing such extensive courts of special jurisdiction? Do these special courts provide any advantages or disadvantages for parties appearing before them?
Licenses and Attributions
Business Law: An Introduction, by TheBusinessProfessor.com, Jason M. Gordon & Colleagues has been adapted with permission from Jason M. Gordon. © Business Professor, LLC.
© 2024 University of Maryland Global Campus
All links to external sites were verified at the time of publication. UMGC is not responsible for the validity or integrity of information located at external sites.
Course Resource
Blue Mood Clothing, Inc
Notice: Contains Confidential Information
Blue Mood Clothing, Inc., a company devoted to producing positive, mood-altering apparel and various other clothing items, is a wholly owned subsidiary of Colossal Corporation. Blue Mood Clothing's most famous and best-selling product is the Breezer—a skin-tight shirt with an air ventilation system that allows the breeze to pass through the shirt. Colossal Corporation has uncovered an incident of theft at Blue Mood Clothing: approximately one month ago, over five thousand Breezers were stolen from Blue Mood Clothing's Atlantic City, New Jersey, warehouse.
Shortly after the theft was discovered, Colossal Corporation's internal investigator, Bill, found an online advertisement for the sale of exactly five thousand Breezers, described as shirts with an "air ventilation system that allows a cooling breeze to pass through the shirt." Bill called the contact on the website and set up a meeting with the seller, Nick Johnson. When Bill, under the guise of being an interested purchaser of the Breezers, inquired about Nick's distributor, Nick did not hesitate to reveal that he purchased the Breezers from Juanita Winfrey, his long-time business associate. Bill inspected the five thousand Breezers, and confirmed they were indeed the same Breezer products that were stolen from the warehouse. He then requested a price quote from Nick and asked Nick to hold the products for him for seven days. Nick agreed.
That same afternoon, before additional investigation, Bill sent an email intended solely to be sent to the vice president of Blue Mood Clothing, Inc., but he accidentally hit "reply all" to a previous message, and sent the email to every employee at Blue Mood Clothing, Inc., over two hundred people. The email stated, among other things, that "Nick Johnson was a thief and had an extensive criminal record in New Jersey. He stole the five thousand Breezers. I will continue my investigation tomorrow." This statement was not true. Nick’s old friend from high school, who worked at Blue Mood Clothing, Inc., forwarded this message to Nick, who became worried about his business and reputation.
Bill arranged a meeting with Juanita the very next day, during which he posed as an interested clothing buyer. He asked Juanita if she had any Breezer distributors she could recommend. Juanita said that she works directly with a Blue Mood Clothing sales agent named Alex Ridgefield, and that she recently purchased five thousand Breezers from him at a fair price. Juanita also said that Alex is quite interested in expanding his business with her, and would provide Bill with a great deal.
After his meeting with Juanita, Bill checked the personnel records at Blue Mood Clothing and identified Alex Ridgefield as a low-level warehouse employee who has been with the company for over 20 years. Alex's personnel record is spotless, with no prior personnel issues and no complaints. Alex is an at-will employee who is in charge of night security at the Atlantic City warehouse and has no history in sales. As a night security guard, Alex is responsible for protecting the warehouse from theft and is not permitted to sell products. After further investigation, Bill found company emails between Juanita and Alex in which Alex posed as a sales agent. Reading the emails, it became obvious that neither Juanita nor Nick knew that the five thousand Breezers were stolen, and that both bought the Breezers for fair-market value. Bill then collected video from all of Alex’s shifts and was able to locate a film of Alex packing the Breezers into his personal minivan and driving them out of the warehouse parking lot.
Your task is to research the legal issues surrounding the stolen property. It is up to you to decipher which laws have been broken and deduce any potential remedies. Vice President Dodger wants you to prepare a narrated PowerPoint to present this information to the senior leadership team. Because of the sensitive nature of this case, the vice president has asked you to operate with total confidentiality and without involving the legal department.
Employment at Will
Transcript
Employment at will is a doctrine of common law that allows either the employee or the employer to terminate an employment relationship at any time, for any reason, with or without notice, and even for a morally reprehensible reason, so long as the ending of the relationship does not fall into an exception to the employment-at-will doctrine.
Employment at will is the prevailing legal doctrine concerning employment relationship termination in 49 US states (not Montana). In the overwhelming majority of the United States, employment at will and its exceptions govern the rules by which one may legally terminate an employee.
The generally accepted exceptions to employment at will include
· express contract,
· implied contract,
· promissory estoppel,
· public policy violations, and
· good faith and fair dealing.
We discuss these five exceptions below.
Express Contract Exception
If an employer terminates an employee in violation of the terms of an express contract between the employer and employee, then the employee can sue the employer for breach of contract (and, in some states, wrongful termination).
For example, an employment contract guarantees that the employee will be employed by the employer for a definite duration of time, with cognizable boundaries, such as a "one-year period" or "for six months." The employer terminates the employee before the stated period has expired, and that termination is not otherwise permitted by the contract.
Likewise, consider a case where an employment contract states that an employee can be terminated only "for cause" or "for just cause," and the employee is terminated without cause.
Implied Contract Exception
Implied contracts are contracts created by the conduct of the parties, which include any representations or assurances made by the employer prior to or during the term of employment. In some states, an implied contract is an exception to the employment-at-will doctrine.
For example, if an employer provides an employee handbook to a new employee, the provisions in the handbook may be considered part of the contractual relationship. Often, such handbooks outline a procedure for performance review, discipline, and discharge of the employee. An employer who fails to live up to procedural obligations prior to discharging an employee could be liable.
Promissory Estoppel Exception
In many states, promissory estoppel acts as an exception to the employment-at-will doctrine. That is, when an employer makes a promise to an employee of employment or a period of employment, and the employee relies on that promise to his detriment, and it leads to injustice, then an employee may be able to have that promise enforced regardless of employment at will.
For example, John is offered a job with Widget Co. He discusses with Widget's manager that, to take the job, he needs to move from California to New Jersey and give up an already lucrative position with benefits. The manager assures John that he will have gainful employment and a substantially larger income with Widget Co. for at least a year if he makes the move. In reliance on this promise, John quits his job and moves to New Jersey to begin work at Widget Co. After one week, John is laid off. Despite being an employee at will, John may be able to recover under the theory of promissory estoppel.
Public Policy Violations Exception
Most states in the United States prohibit an employer from firing an employee if the reason for the action violates some readily accepted public policy. This prohibition prevents an employer from terminating an employee for exercising a legal right, including a right contained in state and federal laws; or for failing to perform an illegal act for the employer.
Firing an employee for performing some public duty (showing up to jury duty), for exposing illegal conduct (such as reporting violation of some law to the employer or a government agency), or for exercising her rights as a US or state citizen (such as voting) are all against public policy.
This exception to employment at will encompasses the inability to terminate an employee if doing so would violate her state or federal statutory rights. If an employee is terminated because of her race, this may be a violation of Title VII of the Civil Rights Act of 1964, and so an otherwise at-will employee would have a claim against the employer for violating a federal statute.
Moreover, it is against public policy to terminate an employee for refusing to commit an illegal act, such as a crime.
Good Faith and Fair Dealing Exception
A minority of states impose upon the employer a duty to exercise good faith and fair dealing in regard to all employees. This doctrine, to varying degrees, means that an employer must treat an employee fairly in the decision to fire her. This generally means that an employer would violate these duties in firing an employee without due cause or justification.
The preceding five generally accepted exceptions to employment at will allow injured parties to seek recovery even in the face of the employment-at-will doctrine. As such, they limit the circumstances by which an employer can terminate an employee.
Licenses and Attributions
Business Law: An Introduction, by TheBusinessProfessor.com, Jason M. Gordon & Colleagues has been adapted with permission from Jason M. Gordon. © Business Professor, LLC.
Business Criminal Law
Criminal laws prohibit or require certain conduct such that violations of the laws would constitute an offense against the general public (society as a whole). Criminal law convictions may result in jail or prison sentences, fines (paid to the government), or, in some cases (in some states and federally), the death penalty.
The Constitution provides both state governments and the federal government with the power to pass and enforce criminal laws, and also places limitations and affirmative obligations on the government in relation to criminal defendants. That is, the Constitution sets the outermost boundaries of how the government can investigate, arrest, try, and sentence criminal defendants. The Constitution, through its Eighth Amendment, also sets the minimum requirements for the bail and prison conditions of criminal offenders.
Law of Torts
The legal system in the United States is a common-law system with civil law and criminal law components. The civil-law component of the US common-law system should not be confused with the civil-law system, which is a separate system of law originating in ancient Rome and adopted by most European countries. The US common-law system includes different procedures for redressing civil-law violations (e.g., the law of tort, contract, agency, employment, divorce, and business organizations) than for redressing criminal-law violations (e.g., larceny, murder, rape, and robbery).
Tort law, an important component of civil law within the US common-law system, generally encompasses situations where an individual’s conduct causes harm to another. A tort is literally translated from French as a wrong. These wrongs give rise to claims in court, when a specific statutory or common-law tort is committed. When a tort is committed, one may seek monetary compensation (damages) for the tort in court.
Tort law may be divided into three broad categories of tort: intentional torts, negligence, and strict liability torts. Intentional torts generally require that one “intended” to cause the consequences of the act. That is, one must have intended to perform the act that caused harm to another. Negligence generally requires that one be at fault for committing the act. Negligence theory underlies many personal-injury actions, such as car accidents. Strict liability torts require neither intent nor fault; simply causing harm to an individual while performing one of an enumerated list of strict liability torts gives rise to damages (even if a person did not intend the act and was not at fault for it).
Intentional torts often have counterparts within criminal law. For example, if Joe strikes Dave across the face with a stick, Joe may be liable for a civil battery and a criminal battery. The civil action for battery may result in Dave receiving compensation for the harm done to him, including costs of medical bills, pain and suffering, and compensation for work missed while in the hospital. Simultaneously, a criminal action may be brought against Dave for a criminal battery. The criminal action is not about compensation, but instead is about punishing Joe for committing a crime. Punishments for the crime may include jail time, fines (paid to the government), and community service.
Although some intentional torts have criminal counterparts, not all do. In some cases, a wrong against an individual is merely a civil wrong and has no criminal repercussions. Certain defamation claims, for example, may result in compensation but have no criminal counterpart, so will not result in a correlative criminal action. One very famous incident involving both civil and criminal claims is that of O.J. Simpson, who was tried criminally and found not guilty. However, O.J. Simpson was found civilly liable to the family members of the deceased and had to pay those families millions in compensation for the civil wrongs.
Licenses and Attributions
Business Law: An Introduction, by TheBusinessProfessor.com, Jason M. Gordon & Colleagues has been adapted with permission from Jason M. Gordon. © Business Professor, LLC.
Tort Damages
The overarching purpose of tort law is to provide remedies, usually in the form of damages (monetary awards), to persons injured by the civil wrongs of others. Damages awarded for tort violations include compensatory and punitive damages.
The aim of compensatory damages is to place the injured party in the same position that party would have been in had the tort never been committed, that is, to make the injured party whole. Compensatory damages are sometimes categorized into two types: special and general compensatory damages. Special damages are quantifiable monetary losses incurred by the injured party, such as the cost of replacing or repairing damaged property, medical costs, past lost wages and benefits, future lost wages and benefits, and other quantifiable costs resulting from the tort. General damages, on the other hand, are not easily quantifiable and include pain and suffering, loss of consortium, loss of reputation, and loss of mental or physical capacity resulting from a tort.
In some egregious cases, courts also award punitive damages. Punitive damages are intended to punish a tortfeasor (person who commits a tort) for engaging in particularly wanton or reckless conduct that reflects a disregard for the interests of others. Punitive damages are often limited by courts to approximately three times the amount of compensatory damages, in order to satisfy the due process requirements of the Constitution (exceeding these approximate amounts may be deemed an unconstitutional deprivation of another person’s property). Thus, punitive damages are reserved for the most egregious of tort cases, and appeals often follow when a trial court awards them. They are generally only available for intentional torts, although they are sometimes available for cases of gross negligence.
Asynchronous Presentations
An asynchronous presentation is a prerecorded presentation for a specific audience to whom you would ideally present in person or online in real time, but cannot for practical reasons. While Microsoft PowerPoint is considered the default presentation tool for presentations, you may consider using other presentation platforms or tools. Be sure the tool supports pre-recorded narration. Dedicate enough time to the narrated presentation to get the timing for transitions right, and ensure that the sound is clear and the narration at the right volume. See the Technical Help section below.
A good asynchronous presentation shares most of the same traits as a good live presentation. Your presentation should not be your academic paper cut into text-filled slides. Rather, consider how you might identify themes to discuss that are supported by pertinent facts from your paper. You are giving a talk to an audience, so your narrative should provide most of your ideas and argumentation. Be sure the themes either flow or transition appropriately from slide to slide. See Methods and Tips under Resources. Use images and data visualization (tables, charts, or graphs, for example) where possible. See Use of Multimedia under Resources.
Technical Help
How to Record Narration in Microsoft PPT 2010
We suggest that you begin early since technical glitches can be time-consuming. Note: Your computer may have a different configuration and or different version of PowerPoint. If you find these instructions problematic, you may need to contact UMGC tech support or look elsewhere for tutorials.
1. Open Microsoft PowerPoint and create a new blank presentation. Draft the visual content for your presentation. Read through and think about what you will discuss as you present each slide. Be sure to save your work regularly.
2. Then, prepare to record narration by planning what you will discuss as each slide is displayed. If it is helpful, write out what you want to say in the notes at the bottom of the screen or even a piece of paper. We recommend that you try to keep the verbal portion to about 30 to 45 seconds per slide. Practice your verbal presentation aloud, in a clear, normal, and even-paced voice. Once you're satisfied, proceed to record the audio portion.
3. Ideally, you should record in a quiet indoor space to minimize background noise. Do a quick recording test and listen to the sound quality of your recording. Adjust the recording level inputs using your computer’s sound controls. These vary widely, so you should consult the manufacturer’s guidelines. Also, if you hear background noises on your recording, try to reduce or eliminate those as well.
Note: Until you are used to hearing your own recorded voice, it will sound strange to you. Everyone experiences this; be assured that your voice is normal.
1. You have two options to record narration in Microsoft PowerPoint 2013: record the narration for all slides back-to-back (see step back-to-back method below) or record the narration one slide at a time (see one-at-a-time method below). The first option will set the narration to play automatically for anyone viewing the presentation. The second option will not, so you must do that for each slide. But with the second option, you may feel less rushed during recording.
2. Record slide narration, back-to-back method: Go to "Slideshow" on the PowerPoint ribbon (the row of tabs at the top) and select "Record Slide Show" or click the drop-down menu if you do not want to start from the beginning. Most likely, you will want to start from the beginning. Uncheck the "Slide and Animation Timings" box; leave the "Narrations and Laser Pointer" box checked.
3. When ready, click "Start Recording." As you finish narrating each slide, click the left mouse button one time to move to the next screen. The recording will end after you record the final slide.
4. Record slide narration, one-at-a-time method: From the first slide, go to the Insert tab on the ribbon. Click Audio, then click Record Audio. A pop-up with audio recording controls should appear. Click Record (red circle). Narrate that slide and then press Stop (blue square).
5. Click on the second slide and repeat the process. Continue to record your presentation one slide at a time until complete.
6. Now play back your presentation by going to the Slideshow menu again and selecting From the Beginning to review the presentation. The slideshow should progress through each slide its own, moving from slide to slide when the narration is completed for each slide. Your voice should be clear and understandable. Note: During recording narration with either method, a speaker icon will be added to every slide: click it once, and then click the arrow to playback what you've recorded. If you see two speaker icons, it means you have created two sound files for that slide. Play both files and delete the one you do not want to use.
· If you decide to re-record one or more of the slides, just go to that slide and use the one-at- a-time method and be sure you only have one sound file per slide.
· If you encounter problems, contact UMGC tech support for assistance.
How to Narrate PPT 2010 on a Mac
To create a narrated PowerPoint file in PowerPoint 2010 for a Mac:
Make sure your headset or microphone is plugged in and working before you begin. To do this, click the Apple icon at the top left. Choose “System Preferences” and then choose “Sound.” You’ll be able to test whether the microphone is picking up the sound of your voice.
1. Create your slides.
2. Write your speaker’s notes. Keep them brief, so that you’re encouraged to speak naturally instead of reading.
3. Click on your first slide.
4. On the menu at the top of your screen, click “Insert.”
5. Then choose “Audio: Record Audio.”
6. This will pop up a recording window. Make sure your headset microphone is selected as the sound input device—not the computer’s internal microphone.
7. When you’re ready to begin recording, click the red Record button, and start speaking naturally. When you’re finished recording the audio for that slide, press the Stop button. Save the file.
8. Click on the next slide and repeat the process.
9. Continue with your remaining slides until you are finished.
10. Do a slideshow of your presentation, listening to ensure that the audio is playing back correctly for all slides. If you want to change the audio for one or more slides, just click on the slide and go through the “Insert: Audio: Record Audio” process again. The original audio will be overwritten.
11. When you are done, save the file. You can check the size of the file by choosing the “File” menu at the top, clicking “Properties” at the bottom of the list, and choosing “General.” A four-slide sample presentation, including brief audio comments on each slide, was a 16.5 MB file.
12. You will need to be mindful of file size, since the audio component of a narrated file on a Mac can be very large. For example, I have seen a 48MB narrated PowerPoint where 44MB is accounted for by the audio alone. Check with your instructor if you have file size problems.
