Lectures by Dr. Tabrez Ahmad, Importance of Study: Legal Aspects of Business for a Management Professional

1. Dr. Tabrez Ahmad
KIIT Law School, KIIT University

2. 
The business law studies are very important, as it
helps the management professionals in realizing the
business ethics, he or she must follow, in order to run
a proper and authenticated business. This must be in
accordance with the laws and regulations prevailing
in the society. The business law studies are necessary
for every management graduate whether he want to
setup a proper business, or willing to join a service as
a manager.

3.  Doing a proper business with an authenticated
business license and registration gives confidence.
This makes business case laws studies very
important. It has been proven, that most clients are
comfortable in doing businesses, provided they have
a government license in hand, and an approval stamp
for their business. It gives immense confidence in
handling day to day business requirements to those
who know the legal aspects of business.

4. All
Opportunities Laws
Codes of Conduct
Morals
(Ethics)
Economics
All Means
Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 4

5. Society Business Organizations
Gov’t
Laws
Business &
Professional Codes
of Ethics
Moral Values
Within Society
Normative Ethics:
“Enlightened Self-interest”
Qualitative Quantitative
Rights Egoism
Duties Utilitarianism Wednesday, September 16,
Dr. Tabrez Ahmad, Associate
2009 5
Professor of Law, KIIT Law School

6. Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 6

7. CONCEPTUAL BASIS FOR LAWS?
God? Citizens? Other? (Compare the approaches to ethical reasoning.)
CONCEPTUAL BASIS FOR GOVERNMENTS' POWERS?
God? People? Other?
Constitutions: Creates a government, delegates legal authority and limits the use of that authority.
WHAT TYPE OF LEGAL SYSTEM EXISTS?
Compare Common Law systems to Civil/Code systems and others.
In “common law” systems, how do courts make law?
Stare Decisis for judicial precedents
Interpreting laws from other branches
As an original source of laws
Exceptions to Stare Decisis
What is the proper role for justices?
HOW MANY DIFFERENT SOVEREIGN GOVERNMENTS EXIST?
What are the branches of each government and their separate powers? How are conflicts resolved?
Executive
Judicial
Legislative
Administrative Agencies
How are the powers distributed between them? In Federalist systems:
If the state conflicts with national law, which takes precedence?
If national law conflicts with international law, which takes precedence?
Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 7

8. WHAT IS LAW?
FUNCTIONS
CERTAINTY VS. FLEXIBILITY
WHAT ARE THE BASES CONCEPTUALLY FOR LAW?
NATURAL LAW
POSITIVISTS
HISTORICAL
SOCIOLOGICAL/REALISTS
ECONOMICS
EVIDENCE OF THE INFLUENCE OF ALL OF THE ABOVE CAN BE FOUND IN SOCIETY AND ITS LAWS.
THE DIFFERENT APPROACHES TO NORMATIVE ETHICAL REASONING ARE REFLECTED IN THE ABOVE.
Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 8

9. WHAT TYPES OF LAWS EXISTS?
CONSTITUTIONS
LEGISLATIVE: CODES/STATUTES/ORDINANCES
EXECUTIVE: INTERNATIONAL TREATIES/CONVENTIONS AND ORDERS
JUDICIAL: PRECEDENTS UNDER THE STARE DECISIS
PRINCIPLE IN COMMON LAW SYSTEMS
ADMINISTRATIVE AGENCIES: RULES OR
REGULATIONS and ORDERS
IN CASE OF CONFLICTS, WHICH HAVE PRIORITY?
LEGAL AND ETHICAL CRITICAL THINKING
SET ASIDE PRECONCEIVED BIASES
IDENTIFY ALL ISSUES THAT MUST BE RESOLVED
IDENTIFY AND OBJECTIVELY UNDERSTAND
THE IMPACTS ON STAKEHOLDERS AND THEIR POSITIONS
APPLY THE RELEVANT PRINCIPLES RATIONALLY, USING AVAILABLE PRECEDENTS AND EXAMPLES
DO NOT LOSE SIGHT OF LAWS’ PUBLIC POLICY PURPOSES
Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 9

10. Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 10

11. BASIC DISTRIBUTION OF POWER:
Union:
Delegated
Limited
Separation of Powers with Checks and Balances
Supremacy (and Preemption Doctrine)
Use Limited by Individual Rights
States:
Reserved “Police Powers”
POWERS TO REGULATE BUSINESSES
Union
State
Dr. Tabrez Ahmad, Associate Wednesday, September 16,
Professor of Law, KIIT Law School 2009 11