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LS311:BUSINESS LAW
INTRODUCTION AND SOURCES OF BUSINESS LAW

Week One: Course Logitics & Getting Started

Things You Ought to Know

It is important to turn your written work in on time to stay on track.

In the legal profession, deadlines are critical.

If an exceptional circumstance arises, please send me an email ASAP and we will discuss it.

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. . . And s’more things to know…

Give attribution to the owners of original thoughts.

Please do not copy and paste without using quotation marks or citing your source.

It is best to use your own voice and quote and cite correctly!

This helps me see how well you are synthesizing i.e. understanding the material.

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Welcome to PA311:Business Law

  • Please review the announcements posted in the course information for my contact information and office hours
  • Syllabus is listed on the course homepage – please be sure to review it ASAP – if you have not already done so

Course Expectations

  • Discussion Board: 3-5 posts on at least three different days during the unit week (Rubric in DocSharing)
  • Seminar: If you miss it, make up by listening to recording, write a 2-3 page summary, e-mail it to me before next seminar for full credit
  • Written assignments: due on the last day of the unit week (Tuesday nights).
  • Late submissions make me unhappy, however, I am not unreasonable. E-mail me your excuse prior to it being late.

Late Submission Policy

  • 1. A 10 percent penalty is imposed for each week an assignment is late. If the assignment due on Tuesday is submitted on Wednesday, the highest possible grade is a B; one week later, highest grade is a C, etc.
  • No assignment is accepted more than 3 weeks late without my prior approval.
  • No late work will be accepted after the end of term without an Incomplete Grade approval.
  • Course activities not eligible for submission after the conclusion of the week/unit include, but are not limited to, discussion boards, seminars, quizzes, and exams.

Late Submission Policy

Active communication is the key to overcoming any obstacles you may encounter during the term. Advise me, ahead of time, when possible, of extenuating circumstances that might prevent you from completing work by the assigned deadline.

At my discretion, we may agree to an acceptable plan to meet the academic requirements of the course. Prior notification does not necessarily result in a waiver of late penalties.

Email me when you have submitted late work to assure that I am aware of the submission. All late work must be submitted by uploading the assignments using the classroom Drop Box. Be sure to contact me if you have questions.

Academic Honesty

Academic honesty is required at all times. Plagiarism will not be tolerated.

Students are permitted and encouraged to collaborate with research partners on the answer to the research portion of each assignment, the analytical questions in the assignments, and all optional extra credit questions or assignments. Except where the call of the exam is for a collaborative effort, all exams must be the result of the individual student’s original work. Questions, assignments or exams that consist primarily of plagiarized work will result in a failing grade and require the student to re-submit original work.


What is Plagiarism?

  •  Plagiarism is “[t]aking the literary property of another, passing it off as one’s own without appropriate attribution, and reaping from its use any benefit from an academic institution.”
  • Plagiarism occurs when a writer duplicates another writer’s language or ideas and then calls the work his or her own. Copyright laws protect writers’ words as their legal property. To avoid the charge of plagiarism, writers take care to credit those from whom they borrow and quote.
  • The American Heritage® New Dictionary of Cultural Literacy, 3rd ed. (Houghton Mifflin Company, 2005)
  • Law School Plagiarism v. Proper Attribution, Legal Writing Institute (2003).

Assignments Breakdown

Unit Seminar DB Assignment Quiz
1 √ √ - √
2 √ √ √ √
3 √ √ - -
4 √ √ √ -
5 √ √ - -
6 √ √ √ -
7 √ √ √ -
8 √ √ √ √
9 √ √ - √
10 √ √ - Final Exam

Objectives

  • Examine how the U.S. Constitution affects business activities in the United States.
  • Define what law is, and describe how the law affects business.
  • Discuss the importance of being ethical in business.
  • Analyze a court case involving ethics in decision making.

Key Concepts

  • Laws that govern business have their origin in the lawmaking authority granted by the U.S. Constitution. The Constitution provides the legal basis for both state and federal (national) powers. It is the supreme law in this country, and any law that conflicts with the Constitution, if challenged in court, will be declared invalid by the court.


Key Concepts

  • After a brief definition of the law, you will read about the relationship between business activities and the legal environment. Next, you will learn about the sources of law, the common law tradition, and the relationship between the United States Constitution and the business environment. You will conclude with a section on finding and analyzing law.


Key Concepts

  • In the increasingly complex global economy, individuals face unique ethical dilemmas that can impact their businesses. This Outcome and Reading looks at the reasoning process involved in various approaches to ethical decision-making in business. You will be invited to examine your own ethical attitudes and apply them in the Seminar to a business situation.


Key Concepts

  • Each individual, when faced with a particular ethical dilemma, engages in ethical reasoning — a reasoning process in which the individual examines the situation at hand in light of his or her moral convictions or ethical standards. Ethical reasoning relating to business traditionally has been characterized by two fundamental approaches. One approach defines ethical behavior in terms of duty, which also implies certain rights. The other approach determines what is ethical in terms of the consequences, or outcome, of any given action. In your case analysis this week, you will examine the different views of corporate social responsibility.

Three Branches of Government

Interrelationship between the branches of federal and state governments.

Federal State

Executive Legislative Judicial Executive Legislative Judicial

President Congress Courts Governor Legislature Courts

Admin. Statutes Opinions Admin. Statutes Opinions

Agencies (cases) Agencies (cases)

Regs. Regs


Primary v. Secondary Authority

Primary Authority: Court decisions that may be mandatory or binding / mandatory & binding.

  • First, look to whether the case decision occurs within the court’s jurisdiction
  • Since all court decisions are considered primary, whether the decision is mandatory or persuasive is a function of jurisdiction and the court level.
  • Look at Court Jurisdiction Structure handout
  • Constitution
  • Statutes
  • Regulations
  • Court Opinions

Primary v. Secondary Authority

  • Secondary Authority: This is a fixed status, i.e. since the authority under consideration is fixed ask, whether the authority is part of the law or not.
  • E.g.: Persuasive Authority / Commentary & Analysis from
  • Well respected courts / jurists of another state
  • Law review articles / treatises

An Introduction to the Courts

  • There are two broad branches: civil law and criminal law, each with origins in the common law and each now governed primarily by statute.

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Jurisdiction in Cyberspace

  • “Sliding Scale” Standard: When does a court have jurisdiction over internet transactions?

  • What about international jurisdiction?

No Yes

Substantial Business Interaction

Case-by-Case

Passive
Website

Some Interaction

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Standing to Sue

  • In order to bring a lawsuit, a party must have “standing” to sue.
  • Standing is sufficient “stake” in the controversy; party must have suffered a legal injury.

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Federal and State Courts

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Federal Court System

  • U.S. District Courts: trial courts of general jurisdiction.
  • U.S. Courts of Appeal.
  • U.S. Supreme Court.
  • Appeals to the Supreme Court
  • Petitions Granted by the Supreme Court.

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Federal Courts of Appeal

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Appellate Courts

  • Middle level of the court systems.
  • Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law.
  • Generally, appellate courts will consider questions of law, but not questions of fact.

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Supreme Courts

  • Also known as courts of last resort.
  • The two most fundamental ways to have your case heard in a supreme court are:
  • Appeals of Right.
  • By Writ of Certiorari.

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  • Pleadings.
  • Plaintiff’s Complaint.
  • Summons.
  • Defendant’s Answer /Motion to Dismiss.
  • Pre-Trial Motions.
  • Motion for Judgment on the Pleadings.
  • Motion for Summary Judgment.

Following a State Court Case

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  • Discovery.
  • Depositions and Interrogatories.
  • Requests for Documents.
  • Requests for Admission.
  • Electronic Discovery (from computer files).
  • Pre-Trial Conference.
  • Jury Selection (Voir Dire).

Following a State Court Case

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  • At the Trial.
  • Opening arguments.
  • Plaintiff’s Case in Chief.
  • Defense cross-examines Plaintiff’s witnesses.
  • Defense Case in Chief.
  • Plaintiff cross-examines Defense witnesses.
  • Closing Arguments.
  • Verdict.
  • Posttrial Motions: JNOV /Judgment.

Following a State Court Case

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Appellate Process

  • Filing the Appeal.
  • Must be done within statutory timeframe.
  • Must have legitimate grounds.
  • Appellant (Petitioner) files appeal against Appellee (Respondent).
  • Appellate Review.
  • CASE 2.2 Evans v. Eaton Corp. Long Term Disability Plan (4th Circuit, 2008).
  • Enforcing the Judgment.

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  • Electronic Filing.
  • Courts Online (websites, court dockets).
  • Cyber Courts and Proceedings: Online Dispute Resolution (ODR).
  • Negotiation.
  • Mediation.
  • Arbitration (employment contracts).

Courts Adapt to an Online World

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Civil Law

  • Civil law includes statutes and “case law” that define or interpret individuals’ and organizations’ private rights in their relationships and disputes that involve property, contracts, personal injury, family relationships, tax, or government rules and regulations. Because Washington does not have laws that define every private right, courts rely on the “court-made” law called “common law” to resolve some disputes.

Criminal law

  • The body of laws that define a person’s basic rights in and duties to preserve a peaceful and safe society. A person who violates the duties to preserve social peace and safety may be guilty of a crime “against the people” and so face jail, prison, or some other punishment. In addition, if the lawbreaker’s act injured another (the “victim”), the victim may have a right to a private, civil law claim for damages.
  • Modern criminal law is almost all statutory. Criminal cases require courts to decide whether and how certain criminal laws apply and whether those laws as applied violate the state or federal constitution.

Statutory Law

  • The legislature can change the common law by enacting a statute, so long as the governor does not veto the new law. The courts must follow that law so long as it does not conflict with the state or federal constitution. However, if no statute "governs" the issue in a particular case, the court may look to the common law rules for guidance.


Determining the Weight of the Opinion

  • Precedent
  • When an appellate court must interpret statutory or common law in order to decide a case, the court’s decision becomes “precedent” for deciding future cases with similar issues.

Precedential Impact Factors

1. A precedent that interprets a statute makes that interpretation part of the statute.

2. A precedent that applies the common law to a new situation becomes part of the common law.

3. Although courts usually “follow precedent,” courts may modify the earlier common law rules in some circumstances.


Jurisdiction

  • Jurisdiction is the legal authority of a court to hear and decide a certain type of case.
  • It is sometimes used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

Venue

  • Venue is the geographic area in which a court has jurisdiction.
  • A change of venue is a change or transfer of a case from one judicial district to another.

Case Issues

  • Is constructive service by publication legal?
  • Does the state of Oregon have jurisdiction in personam over Neff?
  • Does the state of Oregon have jurisdiction in rem over Neff, or Neff’s property?
  • Was it appropriate to sell the property before it was attached (seized)?
  • If the first lawsuit cannot be upheld, does the sale of the property to Pennoyer count?
  • Was it legal for Oregon to register a judgment against Neff without personal service of process?

Review: Common Law

Review: Jurisdiction

Review: Precedent

1. A prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment. . . .The doctrine that a lower court must follow a precedent is called stare decisis

2. As in the term “condition precedent,” which is a situation which must exist before a party to a contract has to perform.

See also, stare decisis

Review Statute

  • A written law that is passed by a legislative body.

Review: Remedy