BUS Law.pdf

Intro to Law Chapter 1 Doctrine of stare decisis o Courts are bound by precedent o Levels of courts ▪ Trial courts (lowest) ▪ Appellate/appeal courts ▪ Supreme court (highest) Admirative law – Created by agencies o This would be a regulat...

Intro to Law Chapter 1 Doctrine of stare decisis o Courts are bound by precedent o Levels of courts ▪ Trial courts (lowest) ▪ Appellate/appeal courts ▪ Supreme court (highest) Admirative law – Created by agencies o This would be a regulation Court orders o Binding obligations to people or companies Equity o courts can issue injunctions to meet an equitable outcome Treaties and executive orders Pub zone VS Karl Questions o The case would be Civil based on private regulation of the pub o Plaintiff is Karl Kuehn and the diffident would-be Pub zone/Owner o The issues concern with the fact that the owner knew about the dangers of the gang, and still allowed them in after being told not to come in with gang colors having a form of negligence for customer safety o The duties of the business owner are to keep a safe environment o Trial court awarded pub zone judgement free o Said that the owner had no duty to protect unless the owner knew of some danger which in fact the owner of Pub Zone knew about o Appellate court reinstated saying that they did have a duty to and had to pay the dmgs o Pub Zone should have tried to follow own rules of not allowing gangs with colors in Wells Fargo (questions) They opened Multiple fake accounts under existing Wells Fargo customers Wells Fargo Bank to pay more than $2 billion in redress to consumers and a $1.7 billion civil penalty for legal violations across several of its largest product lines  They did it to meet sales goals between 2002-2016 In 2016, Wells Fargo customers noticed a fake accounts scandal after being charged unexpected fees or receiving credit cards or lines of credit they did not request. Baby food (Class question) FDA regulates 30 nutrients and a minimum of 9 nutrients It is not illegal to sell even if not passed by FDA, and there is no legal issue to sell high sugar and unhealthy choices. Shien (questions) Exploitation of child labor and would work 70 hrs for child labor Their practice was very illegal, however it was in China manufacturing There is pollution and trash production because of manufacturing Ethics (chapter 2) Milton freedman o Argued that corporate managers primary responsibility is to the owners of the company Theories of ethics o Utilitarian ethics ▪ Believe you should decide for the greater (example: college gambling case) ▪ Benefits out way the cost o Deontological ethics ▪ Why a person is making the decision they are making o Rawlsian ▪ Greatest amount of good for the people that have the least o Moral universalism & relativism ▪ There is one right or wrong for any decision Ethic Traps o Money o Competition o Rationalization o Conflicts of interest o Cannot be objective about ourselves 2  o Conformity o Orders o Euphemisms and refraining o Peer pressure o Short term perspectives o Blind spots Corporate social responsibility o This is the job or idea for companies to contribute positively to the world then Common, statutory, (Chapter4) Common Law o Precedent o Doctrine of stare decisis ▪ Future courts are bound by precedent o Common law system ▪ Bystander law says- people owe no duty to someone else in an emergency ▪ Good Samaritan laws- if a person tries to help and does more harm than good, they are not charged ▪ You must act responsibly for the good Smartian law to take effect ▪ Bystanders law – if someone is in an emergency or distress you must call 911 or do something in 9 states. (No longer exist) Current event in Dallas (chapter 4) Law states – in a person commits an offense if they walk on a median that measures six feet or less in length Dallas stated the law was for public safety People argued that it was a pretext for Dallas to move away the homeless for panhandling Law passed on a local level is an ordinance o Current Event (Law passed in California) ▪ Dye is banned in schools for specific dyes that are in food Federal trade commission act o Non-compete rule was passed o The original rule of non-compete is that you cannot work that is competition with the current company you left o Federal judge said the ftc overreached in the way of trying to remove them o The way that it was written was too arbitrary & broad that it was unconstitutional 3  o FTC law was a part of administrative law Statutory changes o Laws that have been passed by legislative bodies & change common laws in one session o Courts will used the commonsense definition of word o Court will look at the reason of the law and the legislatives intent for it o What is the best interest for society Why are new bills posed New issues of new worries Unpopular judicial rulings Criminal law Administrative law What is Admin law? - issues rules and regulations have the force and effect of law Why do we have agencies? - someone has to do the work, and someone needs to put forward the work to come to a solution of the law o President doesn't have power to veto agencies rules Administrative procedure act – tell them what they must do to issue the rules and laws. They can make the rule without approve & still make the final rule Executive agencies – they are led by the executive branch (One person) o President can fire at will o Judicial Branch approves nominations for next in line o Department of Education, energy, treasury, state, and justice Independent Federal Agency- this is run by Mutiple people (group) o Must fire on a good cause o Federal Communication commission, Environmental protection agency, and SEC Limits of Agency Power Statutory Control o Enabling legislation that created the agency through requirements and restrictions Political control o The president has control over agencies though political pressure o Congress controls the budgets of agencies o Congress can amend enabling legislation to place limits Freedom of information act (FOIA) 4  o You have public as to see how they are spending money, and where its going o This is to hold agencies accountable on their actions & spending Court case in case o Sally was walking allegedly on phone slipped in puddle that wasn't marked sued the grocery store for 100,000$ because she broke both her elbows o Negligence – because there was no marked spot-on danger that was covered by Alternative Dispute resolution Negotiation o Settle the claim yourself o Can happen at any time of the trail Mediation (outside of court) o This is between the lawyers and a resolution o Bring parties together to solve it before the trail o More confined and usually a day activity Arbitration o Third party involed is the arbitrator who is the ruler (Can be Mutiple) o This is a mini trail in a private area o They are binding (the individual's final decision is the final) o There is no appeal o Loans and mortgages have binding arbitration clauses Intentional Torts and Business Torts (Chapter 8) What is a tort o Is a wrong doing o Tort law = attempts to solve the wrong and write the wrong Intentional Torts o This is a voluntary action not an accident ▪ Types of Int. Torts Battery & assault o Battery is an unwanted touching that is harmful or offensive 5  o Assault is an action that makes a person fear of imminent battery (victim must see the action) False impressment o Restraint of someone against their will without reasonable cause o Commonly found in shop lifting Emotional distress o Behavior must be extreme and outrageous o It must have cause emotional harm Trespass, conversion, and fraud o Entering someone's property without permission (causing harm) o Conversion – is taking or using someone's property without consent o Fraud – in injuring another person deliberate deception Defamation & Libel (Libel is a written or published defamatory statement, while slander is defamation that is spoken by the defendant) o Four Elements to win ▪ Defamatory statements that are based in fact ▪ The statement must be false ▪ Must be communicated to a third party ▪ Must have caused harm to one's image Compensatory – compensate for dmg done o General dmg – this is something that can be quantified with a $$$ amount ( o Special – this can be set with a compensation of a $$$ amount Putative Dmg o while punitive damages are awarded to punish defendants for their misconduct o This will be an amount to deter and harm companies Negligence o This is not a intentional tort because it was not known ▪ Need to prove all five elements to prove negligence Duty of care o Based on a cross section of who the defendant would be subject to act as a reasonable person o Depends on the Palsgraf case 6  ▪ Man was hurt by a metal piece that was dislodged from the wall ▪ There is a limit possible duty of care Licenses = Invited guess If you know about the harm you need to warn about the harm Business owners owe a higher duty to invitees Breach o A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances. o Causation ▪ If the defendant breach ultimately led to injury and is he liable o Damages ▪ Plaintiff must show injury o Defense ▪ Comparative negligence – Both people are responsible for damage depending on responsibility involved in accident ▪ Contributory negligence – if you hold any responsibility, you recover nothing because you have fault o Assumption of risk ▪ Voluntary entered an area that has to danger ▪ People assume risk of situation they put themselves in Factual Cause Proximate cause Damages Strict liability o Hold companies liable if products cause harm 7 8