3. Welcome to Business Law!
This course introduces you to fundamental legal principals affecting
business in the United States, including the sources and
classifications of laws in this country. You will learn to recognize and
apply basic legal concepts relating to contracts, torts, and product
liability, explore various forms of business organizations common in
the United States, and gain a fundamental understanding of select
legal topics critical to operating a business, including real property,
personal property, credit and secured transactions, agency and
employment and bankruptcy. By the end of the course, you will
have a basic understanding of the purpose and function of law, and
you will know how to research further topics of interest or need.
NAU
LA3100
Week 1
S. Johnston
4. TEXTBOOK
Business Law Instructional Materials:
http://elora.national.edu/res/Files/eBooks/Current/LA3100EIM.pdf
Organization of Course
LP1: The US Legal System
LP2: Torts
LP3: Creating a Contract
LP4: Enforcing a Contract
LP5: The UCC
LP6: Business Entities and LP9:
Credit
LP7: Property
LP8: Agency and LP10: Estates
NAU
LA3100
Week 1
S. Johnston
5. In Class Participation (ICA)
Points: 10 participation points each
Collaboration: Group participation is
encouraged. Check answers by
accessing the testing links provided.
Format: Hard copy and online
Homework (HW)
Points: 20 participation points each
Collaboration: Group participation is
encouraged. Check answers by
accessing the testing links provided.
Outlines that are assigned as
homework will be anonymously
evaluated during class discussion.
Format: Hard copy and online
Tests (T)
Frequency: Most weeks
Points: 50 points each
Collaboration: Open book/note
Format: Hard copy and online
NAU
LA3100
Week 1
S. Johnston
6. Midterm (M)
Date: Week 6
Points: 100 points
Collaboration: Group construct of
“Cheat Sheet” is encouraged.
Format: Hard copy and online.
Cumulative exam over LP1-5.
.
Final Exam (F)
Date: Week 11
Points: 200 points
Collaboration: Group construct of “Cheat Sheet” is
encouraged.
Format: Hard copy and online. Cumulative exam over
LP1-10.
Project (P)
Date: Week 10
Points: 160 points
Collaboration: Group participation is
required.
Format: Written and Oral
presentations
NAU
LA3100
Week 1
S. Johnston
7. Makeup Tests
• Tests are scheduled on 9 of 11 weeks.
• Makeup tests must be taken under monitored conditions.
• This can be done during my office hour on Wednesdays.
• Only two makeup tests are permitted in a term.
NAU
LA3100
Week 1
S. Johnston
8. ThinkWave
• Secure, online, “green”, cloud-based program.
• Access grades, coursework, lectures, links and upload assignments.
• More efficient grading (grades updated weekly).
NAU
LA3100
Week 1
S. Johnston
12. PURPOSE OF A LEGAL SYSTEM
Two competing goals:
Prevent chaos
Protect inalienable rights
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LA3100
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13. PURPOSE OF A LEGAL SYSTEM
1. Promote order and structure
2. Create government
3. Regulate public & private conduct
4. Establish rights
5. Protect individuals & businesses
6. Define obligations
7. Regulate commerce
NAU
LA3100
Week 1
S. Johnston
14. BLAW WEEK 1
THE U.S. LEGAL SYSTEM
Laws in the United States are created by
many different sources, including:
U.S. Constitution
State Constitutions
U.S. Statutes (Code)
State Statutes
Case Law
County, city ordinances, HOAs, etc
NAU
LA3100
Week 1
S. Johnston
15. THE US LEGAL SYSTEM
The Constitution divides power among Federal,
state, and local authorities.
Those powers are then divided between the
Executive, Legislative, and Judicial branches.
Many lower level governmental powers are
delegated to government agencies.
Bill of Rights then “checks” governmental power
with inalienable rights.
NAU
LA3100
Week 1
S. Johnston
16. THE US LEGAL SYSTEM
The Constitution amendments and federal
laws are superior to all other laws.
No state or local law may violate the
Constitution or Federal law. (see
Supremacy Clause in Article VI of the U.S.
Constitution).
When is federal law supreme?
When is state law supreme?
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LA3100
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S. Johnston
17. SOURCES AND HIERARCHY
Common Law v. Codified Law
Civil Law v. Criminal Law
Substantive v. Procedural
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LA3100
Week 1
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18. ACCESSING LAWS AND LAWMAKERS
Laws and those who influence
laws are accessible now more
than ever.
How do you research laws?
How do you access
lawmakers?
NAU
LA3100
Week 1
S. Johnston
19. ADVERSARY PROCESS
In the U.S., the court system
can be used to resolve disputes.
The adversary process allows
opposing parties to present
competing arguments.
Some forum use “friendly
proceedings”.
NAU
LA3100
Week 1
S. Johnston
20. ADVERSARY PROCESS
Burden of Proof
The court system recognizes no
“universal” law for dispute resolution,
so as to maintain separation of church
and state.
Instead, adversarial parties must
present evidence for their arguments
based upon different burdens of proof:
1. Beyond a reasonable doubt
2. More likely true than not true
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LA3100
Week 1
S. Johnston
22. Business Law Week 1
Course Intro and Learning Plan 1
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LA3100
Week 1
S. Johnston
Editor's Notes
Civil Law and Criminal Law
The most important difference between laws is the distinction between civil law and criminal
law.
Civil law addresses matters between private individuals and businesses, such as contracts,
property transfers, inheritance, business organizations, and personal injury.
Criminal law involves the protection of society. Criminal statutes and ordinances define
certain conduct as crimes. The government prosecutes a person accused of a crime and
seeks punishment for violation of the criminal statute.
The same conduct can be both a civil wrong and a crime. For example, a person who kills a
pedestrian while driving a vehicle while impaired by drugs or alcohol may be guilty of the crime
of vehicular homicide and also liable to the pedestrian's surviving spouse in a civil wrongful
death action.
Substantive and Procedural Law
Laws can also be classified as substantive law and procedural law.
Substantive law addresses the rights and duties of individuals and businesses. A person's
right to own property is substantive law. Similarly, a person's duty to keep his property
safe for visitors is also substantive law.
Procedural law provides the rules used in enforcing substantive law during trials and
administrative hearings. Procedural law determines where, when, and how a lawsuit may
be filed, as well as the rules to be followed during trial and appeal.