Business Law, regulation, and taxation, part 1

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 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

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 by Trey

Ratcliff: http://flic.kr/p/uH6eF

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/nkCyo

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

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

cc licensed ( BY SA ) flickr photo by Mitch Featherston:

http://flickr.com/photos/sigmaman/

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

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

defamation

• false statements

• 3d party

• harm reputation

cc licensed ( BY ) flickr photo by

robertsharp: http://flic.kr/p/fjAR18

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

• atrocious and utterly intolerable in

civilized society

cc licensed ( BY NC ) flickr photo by Anthony Page:

http://flic.kr/p/CWnyE

Negligence

• Duty of care

• Breach of duty

• Damages

• Causation

• In fact

• Proximate

cc licensed ( BY ) flickr photo by

Consumerist Dot Com: http://flic.kr/p/2hxB79