Chapter 1 Basics of the Law

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Ethical Considerations. Source: Bohlman/Dundas, The Legal, Ethical

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Chapter 1 Basics of the Law

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1. Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Chapter 1 Basics of the Law

2. Ethical Considerations Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Legal Standard Ethical Standard Appropriate Managerial Standard

3. What Is Law? Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society. It is intended to protect persons and their property from unwanted interference from others

4. Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Sources of American Law Constitutions Treaties Statutes and ordinances Executive powers Administrative rules and regulations Case law

5. Common Law Writs Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Habeas corpus Mandamus Quo warranto Replevin Certioari

6. Stare Decisis Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Based on the common law tradition, past court decisions become precedent for deciding future cases Precedent is a rule of law established in a court decision. Lower courts must follow the precedent established by higher courts Stare decisis—Latin for “to stand by the decision”—means adherence to precedent

7. Plessy v. Ferguson Landmark Case Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Upheld individual states’ rights to require separate but equal facilities based solely on race Legitimized an era of racial segregation in which the facilities were always separate, but never equal

8. Brown v. Board of Education Landmark Case Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Held that separate but equal public school facilities were inherently unconstitutional when the segregation was based on race Laid a foundation for desegregation of all public facilities

9. Cases of First Impression Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Use similar precedent Consider social expectations & develop a policy Balance the interests of the parties to the lawsuit

10. Classifications of the Law Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Substantive vs. Procedural Public Law vs. Private Law Civil law vs. Criminal law

11. Courts of Law and Courts of Equity Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Courts of Law Grant judgments A jury is allowed Time limitations set by statutes of limitation Awards monetary damages Courts of equity Grant remedies A judge makes the decision Person is required to sue within a reasonable time Grant relief other than monetary damages, e.g., specific performance

12. Locating the Law Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Court decisions Official reporters National reporter system Case citations Statutes Administrative agency regulations

13. Case Brief Elements Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Case name and citation Facts Issue Holding or decision Reason

14. International Considerations Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Treaties Conventions Agreements

15. Manager’s Role in Preventive Law Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. Clear contracts Plain English Documentation procedures

16. Summary Source: Bohlman/Dundas, The Legal, Ethical & International Environment of Business. What is Law? Sources of American Law Common Law Writs Stare Decisis Plessy v. Ferguson Brown v. Board of Education Classifications of the Law Courts of Law and Courts of Equity Locating the Law Case Brief Elements International Considerations Manager’s role

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