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Appendix E: Business law,
regulation, and taxation
Criminal Law
(public law)
cc licensed ( BY ) flickr photo by Alan Cleaver: http://flic.kr/p/7hcnvi
Civil vs. Criminal Law
Civil

Criminal

Offense
Against

Individual

State (“Against the peace and
dignity of the state of...
Contracts
(private law)
• Promise or a set of promises for the
breach of which the law gives a remedy
cc licensed ( BY ) flickr photo by D. Sharon Pruitt: http://flickr.com/photos/pinksherbet/
cc licensed ( BY ) flickr photo by Mary Bliss: http://flic.kr/p/6pyfRe
cc licensed ( BY NC SA ) flickr photo by Rachel James: http://flic.kr/p/4T3aS8
cc licensed ( BY NC SA ) flickr photo
by anna o.: http://flic.kr/p/6ozuRG
cc licensed ( BY NC SA ) flickr photo by Peter Dutton:
http://flic.kr/p/e1xGF7
cc licensed ( BY NC ) flickr photo by Deep Frozen Shutterbug: http://flic.kr/p/4kBCPS
cc licensed ( BY NC SA ) flickr photo
Ratcliff: http://flic.kr/
cc licensed ( BY NC ) flickr photo by Kevin McShane: http://flic.kr/p/7cmzjX
Contract elements
• Agreement
– Offer
– Acceptance

•
•
•
•

Legality
Capacity
Proper form
Consideration
Torts
(private law)

cc licensed ( BY NC ) flickr photo by Portrait / Wedding...: http://flic.kr/p
Definitions
• Tort is the law of civil wrongs
• Tort law usually provides compensation for
harm
• Tort law may provide pun...
Intentional Torts
Intent
Dennis Mitchell?
Mr. Wilson
Intent
• Purpose to produce the result
– Did Dennis have intent?

OR . . .
Intent
• Purpose to produce result or
• Knowledge to a substantial certainty that
result will occur
false imprisonment
• unlawful detention
• any length of time
• deprived of
personal liberty

c licensed ( BY SA ) flickr p...
shopkeeper’s privilege
• reasonable grounds for suspicion
• reasonable time
• reasonable investigation

cc licensed ( BY N...
Goodman v. Wal-Mart (Ala. 1999)
• Goodman returned phone to Wal-Mart for
exchange
• Couldn’t find another phone
• Retrieve...
defamation
• false statements
• 3d party
• harm reputation

cc licensed ( BY ) flickr photo by
robertsharp: http://flic.kr...
cc licensed ( BY NC ) flickr photo by Allen:
http://flickr.com/photos/roadsidepictures/2923629922/
intentional infliction
of emotional distress
• extreme & outrageous conduct
• beyond all possible bounds of decency
• atro...
Negligence
•
•
•
•

Duty of care
Breach of duty
Damages
Causation
• In fact
• Proximate

cc licensed ( BY ) flickr photo b...
Business Law, regulation, and taxation, part 1
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Business Law, regulation, and taxation, part 1

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Transcript of "Business Law, regulation, and taxation, part 1"

  1. 1. Appendix E: Business law, regulation, and taxation
  2. 2. Criminal Law (public law) cc licensed ( BY ) flickr photo by Alan Cleaver: http://flic.kr/p/7hcnvi
  3. 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. 4. Contracts (private law) • Promise or a set of promises for the breach of which the law gives a remedy
  5. 5. cc licensed ( BY ) flickr photo by D. Sharon Pruitt: http://flickr.com/photos/pinksherbet/
  6. 6. cc licensed ( BY ) flickr photo by Mary Bliss: http://flic.kr/p/6pyfRe
  7. 7. cc licensed ( BY NC SA ) flickr photo by Rachel James: http://flic.kr/p/4T3aS8
  8. 8. cc licensed ( BY NC SA ) flickr photo by anna o.: http://flic.kr/p/6ozuRG
  9. 9. cc licensed ( BY NC SA ) flickr photo by Peter Dutton: http://flic.kr/p/e1xGF7
  10. 10. cc licensed ( BY NC ) flickr photo by Deep Frozen Shutterbug: http://flic.kr/p/4kBCPS
  11. 11. cc licensed ( BY NC SA ) flickr photo Ratcliff: http://flic.kr/
  12. 12. cc licensed ( BY NC ) flickr photo by Kevin McShane: http://flic.kr/p/7cmzjX
  13. 13. Contract elements • Agreement – Offer – Acceptance • • • • Legality Capacity Proper form Consideration
  14. 14. Torts (private law) cc licensed ( BY NC ) flickr photo by Portrait / Wedding...: http://flic.kr/p
  15. 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. 16. Intentional Torts
  17. 17. Intent Dennis Mitchell?
  18. 18. Mr. Wilson
  19. 19. Intent • Purpose to produce the result – Did Dennis have intent? OR . . .
  20. 20. Intent • Purpose to produce result or • Knowledge to a substantial certainty that result will occur
  21. 21. false imprisonment • unlawful detention • any length of time • deprived of personal liberty c licensed ( BY SA ) flickr photo by Mitch Featherston:
  22. 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. 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. 24. defamation • false statements • 3d party • harm reputation cc licensed ( BY ) flickr photo by robertsharp: http://flic.kr/p/fjAR18
  25. 25. cc licensed ( BY NC ) flickr photo by Allen: http://flickr.com/photos/roadsidepictures/2923629922/
  26. 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. 27. Negligence • • • • Duty of care Breach of duty Damages Causation • In fact • Proximate cc licensed ( BY ) flickr photo by
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