Running Head: SOURCES OF LAW 1 The primary sources of law in the U. S are; the constitution of the united states, federal and state statutes, administrative regulations and case law (University of Idaho College of Law, n.d.). First, the constitution defines the position of government and the rules that dictate its day-to-day running. All laws of the land are expected to abide by the rules of the constitution. For example, the fourth amendment protects U.S citizens from unreasonable searches and seizures. Law enforcement agencies are expected to observe this requirement to the letter regardless of their State of jurisdiction. Secondly, statutory laws are established during federal or state legislative sessions. While federal statutes are applicable within the 50 states, state statutes apply only within the state. For example, the clean air act which was established at the federal l level regulates air pollution across the board. Thirdly, administrative regulations provide guidelines at the state and federal level on how laws should be applied. The USEPA is also mandated to enforce pollution standards in the United States. For example, the internal revenue service crafts rules that affect taxation polices in all the 50 states. Lastly, Case Law and Judicial Opinions become sources of law when judges apply definitions and rules based on the traditional way of dealing with specific matters. For example, matters of torts which rarely exist in State/federal law are usually defined based on tradition. References University of Idaho College of Law. Sources of Law. Retrieved from https://www.uidaho.edu/~/media/UIdaho-Responsive/Files/law/library/legal-research/guides/sources -law.ashx. MEMORANDUM LAW OF TORTS AND BUSINESS STARTUPS The Torts that protect against international interference with persons and property Intentional interference with individuals includes offenses such as a battery, assault, false incarceration, medical battery and malicious prosecution. Assault In the law of torts requires a plaintiff to prove that the defendant threatened him. The plaintiff should believe the threat was genuine and that the accused was capable of carrying out the threat. The battery is the intentional touching of another person without his or her permission and usually, follows an assault. The touching does not have to injure the person but has to offend in one way or the other. The tort of false incarceration occurs where one is confined without legal evidence and against one's will without the ability to escape. Malicious prosecution, on the other hand, is the wrongful prosecution of a person without probable and reasonable cause (Hodgson, & Lewthwaite, 2007). Trespass, private nuisance, and public nuisance are types of intentional interference with property. Trespass is committed when someone enters another person's property without legal authority or permission. A private nuisance is a situation where noise or any air pollution i.

1. Running Head: SOURCES OF LAW 1
The primary sources of law in the U. S are; the constitution of
the united states, federal and state statutes, administrative
regulations and case law (University of Idaho College of Law,
n.d.). First, the constitution defines the position of government
and the rules that dictate its day-to-day running. All laws of the
land are expected to abide by the rules of the constitution. For
example, the fourth amendment protects U.S citizens from
unreasonable searches and seizures. Law enforcement agencies
are expected to observe this requirement to the letter regardless
of their State of jurisdiction.
Secondly, statutory laws are established during federal or state
legislative sessions. While federal statutes are applicable within
the 50 states, state statutes apply only within the state. For
example, the clean air act which was established at the federal l
level regulates air pollution across the board.
Thirdly, administrative regulations provide guidelines at the
state and federal level on how laws should be applied. The
USEPA is also mandated to enforce pollution standards in the
United States. For example, the internal revenue service crafts
rules that affect taxation polices in all the 50 states. Lastly,
Case Law and Judicial Opinions become sources of law when
judges apply definitions and rules based on the traditional way
of dealing with specific matters. For example, matters of torts
which rarely exist in State/federal law are usually defined based
on tradition.
References
University of Idaho College of Law. Sources of Law. Retrieved

2. from https://www.uidaho.edu/~/media/UIdaho-
Responsive/Files/law/library/legal-research/guides/sources -
law.ashx.
MEMORANDUM
LAW OF TORTS AND BUSINESS STARTUPS
The Torts that protect against international interference with
persons and property
Intentional interference with individuals includes offenses such
as a battery, assault, false incarceration, medical battery and
malicious prosecution. Assault In the law of torts requires a
plaintiff to prove that the defendant threatened him. The
plaintiff should believe the threat was genuine and that the
accused was capable of carrying out the threat. The battery is
the intentional touching of another person without his or her
permission and usually, follows an assault. The touching does
not have to injure the person but has to offend in one way or the
other. The tort of false incarceration occurs where one is
confined without legal evidence and against one's will without
the ability to escape. Malicious prosecution, on the other hand,
is the wrongful prosecution of a person without probable and
reasonable cause (Hodgson, & Lewthwaite, 2007).

3. Trespass, private nuisance, and public nuisance are types of
intentional interference with property. Trespass is committed
when someone enters another person's property without legal
authority or permission. A private nuisance is a situation where
noise or any air pollution inhibits one from enjoying one's
property. Public nuisance, on the other hand, is the interference
with issues of public interest like comfort, convenience, safety
or morality (Hodgson, & Lewthwaite, 2007).
The Torts that protect against international interference with
persons and property
Defenses to charge of assault and battery
Consent is a defense against battery that states that there were
express permission and the plaintiff voluntarily agreed for a
physical contact. Self-defense, on the other hand, is the use of
reasonable force to protect oneself from physical harm or threat
of violence (Epstein, Markell, & Ponoroff, 2014).
Basis for the tort defamation
Defamation is the making of false statements in public about a
person and which causes damage to their reputation. For

4. defamation to hold, the plaintiff must ensure that the statement
made is false and provided to a third party either through
publishing or by word of mouth. The plaintiff must prove that
the publisher was negligent or acted maliciously. The subject of
the defamatory statement should also provide evidence of
damage incurred as a result of the declaration. Mental anguish
is sufficient to prove for damages (Hylton, & Howarth, 2016)
Trademark
Trademark is a recognizable design, size or expression which
help identify services or products of a particular company from
the others. The logo means that the website owner is the sole
owner and user of the mark in the ordinary course of services
the site provides online. The mark is also a requirement for the
application of federal trademarks registration (Epstein, &
Sharkey, 2016).
Copyright
Copyright is the legal right granting the creator of an original
work full rights for its use and distribution. Copyright is,
however, limited and constrained by the exceptions and
limitations to the copyright law that also include fair use. The
law only protects the original idea and not the ideas that
underlie the original expression. The law is also territorial as it
only applies to a particular jurisdiction. Copyright do not
protect the name of products, businesses or organizations, the

5. title of words and pseudonyms of individuals. Proprietary
software companies use software copyright to prevent
unauthorized copying of their software's (Hylton, & Howarth,
2016).
References
Epstein, D. G., Markell, B. A., & Ponoroff, L. (2014). Cases
and materials on contracts: Making and doing deals. St. Paul,
MN: West Acad. Publ.
Epstein, R. A., & Sharkey, C. M. (2016). Cases and materials on
torts. New York: Wolters Kluwer.
Hodgson, J. S., & Lewthwaite, J. (2007). Tort law textbook.
Oxford: Oxford University Press.
Hylton, K. N., & Howarth, D. (2016). Tort law: A modern
perspective. New York: Cambridge.
MemoTo:
Nicole FieldFrom:Tiara DavisDate:
November 11, 2018
Re:
Sources of Law and Ethics
Introduction

6. The sources of Primary Law and Applicable Lucky Horseshoe
Law
The primary source of law is the constitution. This is often the
law of the land and determines every matter that has to do with
legal aspects. Every other law must be o=in conformation with
the constitution. Whatever law that is inconsistent with the
Constitution is null and void to the extent of the inconsistency.
The structure is the law of the land. It is often written and an
embodiment of what the nation stands for regarding legal
standings (Watson, 1998).
The second primary source of law is the international law.
International law is necessarily a set of rules and regulations
that seek to regulate and govern the conduct of nations between
each other. This conduct is often from trading, asylum-seeking,
and traveling of citizens. Essentially, international law is based
on treaties between countries and good faith (Bosco, 2017).
The third primary source of law is case law. This is law derived
from the British statutes and every binding precedent that the
higher courts make. This law is a form of evolutionary
adaptation of the law to emerging circumstances. Case law is
essential as it helps expand on the substance of the law and
elaborate on the constitution.
The fourth source of law is the supreme court of America. The
Supreme Court can make laws that address issues that the
Constitution may not have anticipated. However, these laws
must be following the constitution and must not violate the
provisions of the structure. This law is essential, made through
the Supreme Court rulings.
The source of law applicable to the Reid case is the
Constitution. It is in the constitution that the bills of rights are
outlined. These bills of rights are what protect individual's
rights from infringement. This is a case of individual rights
violations. As such it falls under the constitution.
U.S. Constitution Protections
The restaurant owner has rights under the United States
Constitution. He is protected if he is lawfully conducting his

7. business and not infringing on his neighbor's rights. He is
protected under the law from interference to his company. He is
guaranteed reasonable, peaceful operation of his business as per
the provisions of the constitution. The United States
Constitution is the rule of the land in the United States. It is a
document that acts as the fundamental source of law for the
country (Hudson & David, 2002).
The bartender has the right to live and work in a peaceful
manner free of unwarranted interference. This is a provision of
the constitution under the bill of rights. This right of the
bartender as a person is protected thus. The insults and fights
that the bartender has been subjected to by Mrs. Reid are a
violation of his rights. Additionally, the bartender is working
for Lucky Horseshoe Restaurant. His work is done in this
capacity and should not be punished for it. It is the business
that should be dealt with by Mrs. Reid (Hudson & David, 2002).
The Constitution and the statutes protects the customers. The
business owes the consumer a degree of liability for their safety
and entirely. Whatever happens to the customer on the premise
can effectively and legally charge to the Lucky Horseshoe
Restaurant. This is covered under occupier liability clauses
within the statutes of the United States (Hudson & David,
2002).
Did Reid Behave Unethically?
I honestly believe that Reid behaved unethically. She was
involved in too many fights with the bartender. She also
verbally assaulted the patrons. This was very unethical and
improper behavior. I think she could have handled the situation
more ethically, she could have had a conversation with the
owner of the restaurant or even she could have filed a complaint
against the restaurant.
Conclusion
The law is a dynamic entity. It protects the rights of the
multiple individuals within the community. I think that these
laws should be enforced more.

8. References
Bosco. (2017). Rough Justice: The International Criminal Court
in a World of Power and Politics. Oxford University Press; 1
edition.
Hudson & David. (2002). The Fourteenth Amendment: Equal
Protection Under the Law (Constitution). Enslow Publishers.
Watson. (1998). Sources of Law, Legal Change, and Ambiguity.
University of Pennsylvania Press.
3
Final Project Directions
This Final Project is worth 35% (350 points) of your
final grade.
Learning Objectives
Completing this project will help you to:
• Identify the foundations of the U.S. legal system.
• Outline the elements of criminal law.
• Summarize the elements of business torts.
• Explain the components of contract law.
Purpose of Final Project
Herzing University is committed to your personal,
academic, and professional success.
We believe that students learn by doing. The purpose of
this Final Project is to give you
real world experience as a future business professional and
to aid in building your

9. employability portfolio. If you have not started putting
together a portfolio, you may want
to start doing so now. The portfolio is the place where
you collect your work and
demonstrate your achievements;; a place where you can
showcase your intellectual
growth and career readiness through the compilation of
various pieces of work you have
accumulated throughout your degree program. This Final
Project was designed to not
only foster your understanding of business law, but also
to provide you with a number of
pieces of work that you can include in your portfolio.
Deadlines
Deliverable items for the Final Project will be required at
various points during our
course. The timeline is as follows:
Assignment for Submission Assessment Due Date
Grading Scale
Part 1: Sources of Law and
Jurisdiction
Week 2, Sunday at 11:59
pm, CT.
Participation will be worth
10% (100 points) of your
overall Final Project grade.
Part 2: Torts and Intellectual
Property: Research Memo and
Power Point Presentation

10. Week 3, Sunday at 11:59
pm, CT.
Participation will be worth
10% (100 points) of your
overall Final Project grade.
Part 3: Final Project Submission:
Upload all components of your
Final Project as one Word
document to the Assignment
dropbox. The PowerPoint
Presentation will be submitted
separately.
Week 6, Sunday at 11:59
pm, CT.
Submission will be worth
15% (150 points) of your
overall Final Project grade.
Directions
For this Final Project, you are being placed into a
hypothetical scenario in which you are
working as an Administrative Assistant for the Law Office
of Field & Field. You received
various assignments from the Managing Attorney in
relation to community work the firm
is involved in. The goal is to increase awareness of
certain aspects of business law in
the local community the law firm serves.

11. There are three (3) separate parts to this Final Project,
each with a separate submission
deadline. Carefully review all directions and contact your
instructor with any questions.
Deliverables
In each week use the information you are provided by the
Managing Attorney and the
results of your own research to prepare the documents
outlined below. You will be
utilizing the Herzing University Virtual Library in order to
conduct your research. The
research you will conduct for this project will require you
to locate the sources you
intend to use and critically analyze and examine those
sources in order to determine if
and why you should use them. You will use the state in
which you reside as the basis
for responding to each deliverable.
All deliverables should be in the following format: 12-
-point Times New Roman or Arial
font, double--spaced, and with one--inch margins. Edit
your work for spelling and
grammar and use proper APA formatting. Please refer to
the grading rubric for each
deliverable for specific grading criteria.
Fact Pattern
The following fact pattern will be used for all components
of this assessment.
You are working as an Administrative Assistant at the
Law Office of Field & Field. The

12. Managing Attorney (Nicole Field) has asked for your
assistance in a community project
the firm is involved with. These are the known facts that
the Managing Attorney has
communicated to you:
The law firm is dedicated to providing self--awareness
services to the community it
serves. The community is a mixed community comprising
of residential and commercial
properties. Ms. Field is thinking of hosting three
seminars for individuals and business
owners in the community. The first seminar will focus on
helping the community of
individuals understand how the court system works. The
second seminar will be geared
mainly towards the business owner and business minded
individuals in the community.
This will focus on providing business owners with the
tools to make their business safe
for the individuals they serve and understand the concept
of intellectual property. The
third seminar will be geared towards the residents of the
community, and will help them
understand the various elements of criminal law and what
they should and should not
do when entering into agreements. The Managing Attorney
would like you to work on
developing the content for each seminar.
Part 1 Directions – Sources of Law and Jurisdiction
Due Week 2 by Sunday at 11:59 pm, CT.

13. The first seminar is schedule for two weeks from today.
Ms. Field would like you to
prepare for the seminar by reviewing the structure of the
court in your state, jurisdiction,
and the various sources of law. She would like you to
prepare a chart demonstrating
the court structure and jurisdiction, and prepare a memo
about the sources of law and
ethics. Ms. Field will be using the following fact pattern
to demonstrate the sources of
law and ethics:
Phyllis Smith owns and manages a restaurant in the
community, Lucky
Horseshoe Restaurant. Ann Reid lives next door to the
restaurant. Ms.
Reid filed a complaint with the police department that the
patrons of the
restaurant and referred to them as “drunks” and “whores.”
She picked
fights with the bartender on several occasions and even
called him Satan.
These encounters happened in the presence of the patrons
of the
restaurant. Sales dropped 30% and Ms. Smith filed a law
suit against
Reid.
1. Compose a memo that Ms. Field will use to present at
this seminar. The memo
will respond to the following questions:
a) Analyze and discuss the four sources of primary law,

14. and identify which
source of law may be applicable to this case being certain
to explain why.
b) Discuss whether Reid’s statements about the
restaurant’s owner,
bartender, and customers are protected by the U.S.
Constitution.
c) Evaluate whether Reid behaved unethically in the
circumstances of this
case. Explain why.
2. Conduct research on the court structure in your state
and develop a chart
identifying the various levels of the court. A sample chart
can be found in the
Students Resource folder. The chart should include the
following components:
a) Local Court information and Jurisdiction;;
b) County Court Information and Jurisdiction;;
c) State Court Information and Jurisdiction;;
d) State Intermediate Court Information and Jurisdiction;;
and
e) State’s Highest Court Information and Jurisdiction.
Part 1 Deliverable Directions
After you have conducted the necessary research, prepare
an intra--office memorandum
to the Managing Attorney. Your memo:
1. Must be formatted using the elements of an inter-
-office memorandum: the

15. Heading, which will include To: (who it will be
addressing, From: (the
memorandum will be written by you), Date: (date in
which the memorandum is
written), and the Re: (what the memorandum is in
regards to).
2. Must be typewritten in Times New Roman or Arial
12--point font, and with 1--inch
margins.
3. It is suggested that your memo be at least 2--3 pages
in length.
4. Must include a minimum of three scholarly and
credible sources (not including
the text book).
After you have conducted your research, prepare a chart
that meets the following
requirements.
1. Must be 1 page of content.
2. Must be legible.
Combine your Memo and Chart of the Court Structure
into one Microsoft Word
document with a page break separating each document,
and upload as a single
attachment to the Week 2 Assignment dropbox.
Please refer to the Final Project Part 1 grading rubric.

16. Part 2 Directions – Research Memo and PowerPoint
Presentation
Due Week 3 by Sunday at 11:59 pm, CT.
Many of the people in the community that come into the
office for consultation have
questions about one tort or another. There are also
persons in the community who are
interested in starting their own businesses. Ms. Field
would like to present on these two
common areas as form of educating the community.
Conduct the research and prepare a PowerPoint
presentation with the actual script Ms.
Field will use to present this information at the seminar.
This transcript will be presented
in memo form. The presentation transcript must be the
word--for--word content that will
be covered on each slide. Your presentation must address
the following:
1. Discuss the torts that protect against intentional
interference with persons.
2. Explain the defenses to charges of assault and battery.
3. Discuss and analyze the basis for the tort of
defamation.
4. Explain what trademark is and discuss why the use of
a purported trademark
solely on a Web site satisfies the “use in commerce”
requirement for trademark
protection.
5. Analyze and explain what copyright is and what
copyright protection is available
for software.

17. Part 2 Deliverable Directions
After you have conducted the necessary research, prepare
an intra--office memorandum
to Ms. Field in which you address each topic outlined
above. Your memo:
1. Must be formatted using the elements of an inter-
-office memorandum: the
Heading, which will include To: (who it will be
addressing, From: (the
memorandum will be written by you), Date: (date in
which the memorandum is
written), and the Re: (what the memorandum is in
regards to).
2. Must be typewritten in Times New Roman or Arial
12--point font, and with 1--inch
margins.
3. It is suggested that your memo be at least 4--5 pages
in length.
4. Must include a minimum of four scholarly and credible
sources (not including the
text book).
5. Must use headings to identify each slide the content
relates to (e.g. Slide 1, Slide
2, etc).
You will also prepare a PowerPoint presentation for Ms.

18. Field to use at seminar. For the
PowerPoint presentation:
1. Use a total number of slides must be 8--10 slides.
2. Use a single background design and color.
3. Each slide should be designed to be concise,
uncluttered and readable
from a distance: include only key words and phrases for
visual
reinforcement.
4. Do not put too much information on any single slide:
generally no more
than 6 words a line, and no more than 6 lines a slide.
Upload your Part 2 Research Memo and PowerPoint
Presentation to Ms. Field and
submit to the appropriate dropbox in Week 3.
Please refer to the grading rubric below for Part 2.
Part 3 Directions – Final Project Submission
Due Week 6 by Sunday at 11:59 pm, CT.
1. Apply the feedback from your instructor, and revise
and edit parts 1 and 2 of
the Final Project.
2. After finalizing each component, combine all parts of
your Final Project into
one Word document

19. 3. Ms. Field would like to prepare a handout of possible
questions and answers
of frequently asked questions for the next seminar. Add
this handout
with a copy of the questions and your responses to parts
1 and 2 of the
project. Your response to each question should be:
a) A minimum of 250 words.
b) Each response should be substantiated by at least one
references.
c) Use Times New Roman or Arial 12--point.
d) Include a heading for each question.
The questions are as follows:
i. What is a contract? What is the
objective theory of contracts?
ii. Discuss the four elements that are
required for the formation of
a contract.
iii. Outline the elements necessary for an
effective offer. Provide
examples of non--offers.
iv. Explain how shrink--wrap and click--on
agreements differ from
other contracts. Discuss how traditional law have been
applied to these
agreements.
v. What is consideration? Discuss what is
required for
consideration to be legally sufficient.

20. 4. Revise and submit the PowerPoint presentation as a
separate attachment
using the same submission link. Do not click the submit
button until you have
attached both documents.
Part 3 Deliverable Directions
Your assignment must be formatted as follows:
1. APA formatting
a. Times New Roman or Arial 12--point font
b. 1--inch margins
c. Page numbers in top right corner
d. Doubled spaced
2. Each part must follow the APA formatting guidelines
for headings and
numbered appropriately.
3. It is suggested that your assignment be at least 3 -- 4
pages in length.
4. Must include a minimum of five scholarly and credible
sources (not including
the text book).
Upload your Part 3 Final Project to the appropriate
dropbox in Week 3.
Please refer to the Final Project Part 3 grading rubric.