3308Chap1outline

3308Chap1outline - 1 Nations- Prosperous/Poor? 0....

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Unformatted text preview: 1 Nations- Prosperous/Poor? 0. Dependency Theory 0. Natural Resources- Exploitation 1. Education/Technology 2. Free Exchange Of Goods & ServicesInternational Trade 3. Incentives 4. Exchange Law As The Foundation Of Business 1. Legal System Law 2. Rules Of Society 3. Created By State 4. Enforced To Create Confidence Rule Of Law 0. Only In Democracies 1. Generally & Equally Applicable 2. Ideal- Not Fact 3. Lawmakers Held Accountable Property 5. Private, Exclusive, Rights In Resources- Ownership 6. Owners Can: 5. Possess 6. Transfer 7. Prevent Interference 7. Basis For Private Market Patents (2001) Property- Broad Sense 4. Ownership Rights 5. Excludes State From Interference 6. "Liberty" 0. Individual 1. Constitutional Classifications Of Law 0. Common- Focuses On Judges (From England) 1. Civil- Relies On Legislation (Usually associated with Louisiana) 2. Public- Regulation Of Society 3. Constitutional- Interpretation Of Constitution 4. Administrative- Principles Set By Government Agencies 5. Criminal- Legal Aspects Of Crime Private Law 7. Between Individuals 8. Law Of: 2. Property 3. Contracts 4. Torts 9. Tangible & Intangible Cyber Law 0. Software Creators = Property? 1. Internet Binding Agreements 2. Monitor E-Mail? 3. Rights To Copies Of Intellectual Property? 0. Employers & Employee Discipline? 1. Regulation Of Internet? 2. Interstate Commerce? 3. ISPs Liability? Substantive v. Procedural 8. Substantive- Relationship Between 9. Procedural- Method/Means Of Administration Of Substantive 8. People 9. People & State Sources Of Law 10. Constitutions 11. 5. State 6. Federal 7. Federal = Acts/Statutes 8. Local = Ordinances Legislation- Codes Legislation 10. 10. Federal Law Preempts State (if in same substance) 11. States Adopt Single Law (like UCC) 12. General Language 13. Courts Interpret- Statutory Construction Uniformity 11. Interpretation Judicial Decisions 6. Opinions- Reasons 7. Precedents- Similar 0. Facts 1. Legal Issues 8. Advantages- Stare Decisis 9. Disadvantages 2. Volume, Time, & Expense 3. No Precedent 4. Dicta 5. Rejecting Precedent 6. Conflict Of Laws Legal Sanctions 12. 13. 14. 15. 16. Encourage/Force Compliance Punishment & Prevention Benefit Of Society Punish Someone Benefit Of Another- Remedy Criminal Conduct 12. Crime- Public Wrong 13. Court Punishes On Behalf Of Society 14. Punishment 14. 15. 16. 17. 18. Death Imprisonment Fine Removal Disqualification Breach Of Contract 15. 16. Failure To Perform Compensatory Damages 17. Specific Performance (Equitable Remedy Courts are reluctant to apply) Tort Liability 0. Intentional Tort 1. Negligence 2. Compensatory Damages 0. Punitive 1. Exemplary Violation Of Statutes Or Regulations 18. 19. 20. 21. Fine/Imprisonment Injunction Sue For Triple Damages Seizure/Forfeiture Of Property Legal System & Corporate Governance 22. 23. 24. Corporation Legal Person Ownership- Shareholders Resource Control Board Of Directors Managers 25. Corporate Governance- Rules Protecting Owners' Property Interest 19. 20. Business Decision: Darden's Land 17. 18. 19. What Is Law? What Is "Property"? Sources Of Law? 20. Company's Potential Responsibility? ...
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