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Business Law, regulation, and taxation, part 1
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Business Law, regulation, and taxation, part 1

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BUS 100 lecture slides from January 23, 2014.

BUS 100 lecture slides from January 23, 2014.

Published in Education , Sports , Business
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  • 1. Appendix E: Business law, regulation, and taxation
  • 2. Criminal Law (public law) cc licensed ( BY ) flickr photo by Alan Cleaver: http://flic.kr/p/7hcnvi
  • 3. Civil vs. Criminal Law Civil Criminal Offense Against Individual State (“Against the peace and dignity of the state of Alabama”) Who brings suit Victim (“Plaintiff”) District Attorney, Attorney General, or US Attorney (“State” or “US”) Burden of Proof “Preponderance of the Evidence” (More likely than not) “Beyond a reasonable doubt” (As certain as possible) Remedy Compensation Punishment
  • 4. Contracts (private law) • Promise or a set of promises for the breach of which the law gives a remedy
  • 5. cc licensed ( BY ) flickr photo by D. Sharon Pruitt: http://flickr.com/photos/pinksherbet/
  • 6. cc licensed ( BY ) flickr photo by Mary Bliss: http://flic.kr/p/6pyfRe
  • 7. cc licensed ( BY NC SA ) flickr photo by Rachel James: http://flic.kr/p/4T3aS8
  • 8. cc licensed ( BY NC SA ) flickr photo by anna o.: http://flic.kr/p/6ozuRG
  • 9. cc licensed ( BY NC SA ) flickr photo by Peter Dutton: http://flic.kr/p/e1xGF7
  • 10. cc licensed ( BY NC ) flickr photo by Deep Frozen Shutterbug: http://flic.kr/p/4kBCPS
  • 11. cc licensed ( BY NC SA ) flickr photo Ratcliff: http://flic.kr/
  • 12. cc licensed ( BY NC ) flickr photo by Kevin McShane: http://flic.kr/p/7cmzjX
  • 13. Contract elements • Agreement – Offer – Acceptance • • • • Legality Capacity Proper form Consideration
  • 14. Torts (private law) cc licensed ( BY NC ) flickr photo by Portrait / Wedding...: http://flic.kr/p
  • 15. Definitions • Tort is the law of civil wrongs • Tort law usually provides compensation for harm • Tort law may provide punishment to deter future wrongdoing. • Categories: – Intentional torts – Negligence – Strict liability
  • 16. Intentional Torts
  • 17. Intent Dennis Mitchell?
  • 18. Mr. Wilson
  • 19. Intent • Purpose to produce the result – Did Dennis have intent? OR . . .
  • 20. Intent • Purpose to produce result or • Knowledge to a substantial certainty that result will occur
  • 21. false imprisonment • unlawful detention • any length of time • deprived of personal liberty c licensed ( BY SA ) flickr photo by Mitch Featherston:
  • 22. shopkeeper’s privilege • reasonable grounds for suspicion • reasonable time • reasonable investigation cc licensed ( BY NC SA ) flickr photo by Jim: http://flic.kr/p/GMcAK
  • 23. Goodman v. Wal-Mart (Ala. 1999) • Goodman returned phone to Wal-Mart for exchange • Couldn’t find another phone • Retrieved phone from employee & left • Detained by security, handcuffed & arrested • Acquitted of shoplifting • Sued for false imprisonment: $3.2M verdict
  • 24. defamation • false statements • 3d party • harm reputation cc licensed ( BY ) flickr photo by robertsharp: http://flic.kr/p/fjAR18
  • 25. cc licensed ( BY NC ) flickr photo by Allen: http://flickr.com/photos/roadsidepictures/2923629922/
  • 26. intentional infliction of emotional distress • extreme & outrageous conduct • beyond all possible bounds of decency • atrocious and utterly intolerable in civilized society cc licensed ( BY NC ) flickr photo by Anthony Page:
  • 27. Negligence • • • • Duty of care Breach of duty Damages Causation • In fact • Proximate cc licensed ( BY ) flickr photo by