Business LawMs. InselmannCourse # 5756

½ Credit

Unit 1: Law, Justice, and YouIn this unit you will…identify different types of

• law, • courts, and • regulation

in the judicial system and will be expected to:

1. identify the concepts of civil and criminal law,

2. explain the different categories and types of courts and traditional court procedures,

3. differentiate between business torts and crimes, and

4. comprehend the rationale for government regulations of business activities.

From http://www.tea.state.tx.us/index2.aspx?id=4881&menu_id=720

Civil vs. Criminal Law

• Civil cases usually involve private disputes between persons or organizations.1

• Criminal cases involve an action that is considered to be harmful to society as a whole. 1

Civil Cases• Person or entity (such as a corporation or the government), called the

plaintiff, claims another person or entity (the defendant) failed to carry out a legal duty owed to the plaintiff. Both sides are referred to as "parties" or "litigants." The court may order the defendant to fulfill the duty, make compensation for the harm done, or both. 1

• Civil suits are brought in both state and federal courts. 1

Example: A lumberyard enters a contract to sell a specific amount of wood to a carpenter for an agreed-upon price, then fails to deliver the wood, forcing the carpenter to buy it elsewhere at a higher price. The carpenter sues the lumberyard to pay the extra costs incurred because of the lumberyard's failure to deliver; these costs are called damages.

Note: If the parties are from different states, the suit can be brought in federal court under diversity jurisdiction if the amount in question exceeds the minimum required by statute ($75,000). 1

Activity - Famous Civil CasesVisit http://www.streetlaw.org/en/Landmark/Cases to select a case to review.

(Be sure to read the “Overview” and the “Diagram of How the Case Moved Through the Court System” under the “Background” tab, visible once you select one of the cases.)

In the space below, write a brief summary of the case that identifies:• both parties• whether the case was state or federal (or both)• the court’s ruling• whether or not you agree with the outcome• how you would have ruled if you had been a Justice of the Court

Once you are done writing, click outside the text field to advance to the next slide.

Criminal Cases• Generally a formal accusation called an indictment (for felonies or serious crimes) or information

(for misdemeanors). The government, on behalf of the people of the United States, prosecutes the case through the US Attorney's Office if the person is charged with a federal crime. State attorneys prosecute state crimes. 1

• It is not the victim's responsibility to bring a criminal case. In a kidnapping case, for instance, the government would prosecute the kidnapper; the victim would not be a party to the action. 1

• When a court determines that an individual committed a crime, the person receives a sentence:

– order to pay a monetary fine and/or restitution to the victim, – imprisonment, – supervision in the community (by a court employee called a U.S. probation officer if a federal

crime), or – some combination of the above. 1

• In some criminal cases, there may not be a specific victim. 1

Example: State governments arrest and prosecute people accused of violating laws against driving while intoxicated because society regards that as a serious offense that can result in harm to others. 1

Court Structure - Federal LevelOur Federal Government Design Includes Checks & Balances

From http://www.cahsa.info/sitebuildercontent/sitebuilderpictures/checkandbalance.jpg

Federal Court Structure

From http://www.whycourts.com/?p=7

U.S. District and Courts of Appeals

From http://www.uscourts.gov/court_locator.aspx

Court Structure - State Level

Municipal CourtsMunicipal Courts

Court of Criminal AppealsCourt of Criminal Appeals

Court of AppealsCourt of Appeals

District CourtsDistrict CourtsCounty-Level CourtsCounty-Level Courts

Justice of the Peace CourtsJustice of the Peace Courts

Supreme CourtSupreme Court

Texas State Court Structure

State Courts Explained

• Local Courts– Municipal Courts – Limited Criminal– Justice of the Peace Courts (Small Claims) – Limited Civil and Criminal

• County Trial Courts– Constitutional County Courts (Limited Civil and Criminal)– County Courts at Law (Limited Civil and Criminal)– Statutory Probate Courts (Probate matters only)

• State Trial Courts – District Courts (Civil and Criminal)

• State Intermediate Appellate Courts (Civil and Criminal)

• State Highest Appellate Courts– Supreme Court (Civil)– Court of Criminal Appeals (Criminal)

Court Structure - County LevelCounty Courts – Texas

Constitutional County Courts•As provided in the Texas Constitution, each of the 254 counties of Texas has a single county court presided over by a county judge. 7

•These courts have concurrent jurisdiction with justice of the peace and district courts in civil cases in which the amount in controversy is small. Jurisdiction is concurrent when 2 levels of courts have authority to try the same type case. 7

•Constitutional county courts generally hear probate cases in the county. They have original jurisdiction over all Class A and B misdemeanor criminal cases. These courts usually have appellate jurisdiction in cases appealed from justice of the peace and municipal courts, except in counties where county courts at law have been established. 7

County Courts at LawBecause the Constitution limits each county to a single county court, the Legislature has created statutory county courts at law in the larger counties to aid the single county court. WILCO has 4 County Courts at Law. 7

County Courts – Texas

Constitutional County Courts•As provided in the Texas Constitution, each of the 254 counties of Texas has a single county court presided over by a county judge. 7

•These courts have concurrent jurisdiction with justice of the peace and district courts in civil cases in which the amount in controversy is small. Jurisdiction is concurrent when 2 levels of courts have authority to try the same type case. 7

•Constitutional county courts generally hear probate cases in the county. They have original jurisdiction over all Class A and B misdemeanor criminal cases. These courts usually have appellate jurisdiction in cases appealed from justice of the peace and municipal courts, except in counties where county courts at law have been established. 7

County Courts at LawBecause the Constitution limits each county to a single county court, the Legislature has created statutory county courts at law in the larger counties to aid the single county court. WILCO has 4 County Courts at Law. 7

Judge GattisWilliamson County Judge

since 2007 Former Vocational Ed teacher

and FFA advisor at RRHS 8

Court Structure - City Level• The Round Rock Municipal Court is at the first level of

the judicial branch of government. The jurisdiction of the Municipal Court includes class C misdemeanors occurring within the city of Round Rock.

• Charges processed by Municipal Court may be filed by county peace officers, state peace officers, parks and wildlife officials, citizens, and a variety of city employees, including but not limited to police, fire, code enforcement and animal control.

• Most cases are criminal in nature, but Municipal Courts have limited administrative jurisdiction over certain city ordinance violations such as animal cruelty and removal of junked vehicles.

From http://www.roundrocktexas.gov/home/index.asp?page=83

Activity - Court Puzzle

Select one (1) activity from the options below:

• Create a puzzle that illustrates the structure of the court system in Texas.

• Create a puzzle that illustrates the structure of our federal court system.

Ethics and Our LawThere are 2 basic forms of reasoning about right and wrong:

– Rule-based – an action is right or wrong according to a recognized authority or by human-reasoning, i.e., universalizing* the action.

*Universalizing an action is …picturing everyone doing the action and asking yourself “Is this irrational, illogical, or self-defeating?” If it is any of the three, the action is inconsistent with reasoning and therefore ethically wrong.

– Consequence-based – an action is right or wrong based on whether or not it will generate the greatest good.

Activity - Rules vs ConsequencesSteps:1. Read “In This Case” on pg. 29 of your text book, “Law for Business and

Personal Use.”2. Study situations #7 and #8 in “Think Critically about Evidence” on pg. 30. 3. In the spaces provided below, answer the questions asked in each. 4. Once done writing, click outside the text box to continue on to the next

slide.

Situation #7:

Situation #8:

Activity - Civil ResponsibilityIn your text book, read “Are We Ever Justified in Violating the Law?” on page 34, and “Prevent Legal Difficulties” on page 35, then answer the questions below:When done writing, click outside the text fields to advance to the next slide.

1. What is civil disobedience? 2. What is scofflaw? 3. When is scofflaw ethically justified in violating the law? 4. What five (5) extreme circumstances did Dr. Martin Luther King believe allowed civil disobedience to be ethical?

Activity continued …What are the seven (7) duties we, as citizens, have in order to maintain our rights as citizens? Write your answers in the text fields provided below. When done writing, click outside the text fields to advance to the next slide.

Everybody, Somebody, Nobody & Anybody

~ . ~ . ~

Once upon a time, there were four people.Their names were Everybody, Somebody, Nobody, and

Anybody.

Whenever there was an important job to be done, Everybody was sure that Somebody would do it.

Anybody could have done it, but Nobody did it.

When Nobody did it, Everybody got angry because it was Everybody’s job.

Everybody thought that Somebody would do it, but Nobody realized that Nobody would do it.

So consequently Everybody blamed Somebody when Nobody did what Anybody could have done

in the first place.

~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~

http://www.earthlink.net/about/cvb/

Our MissionAnytime, anywhere, EarthLink keeps customers connected. Our leading-edge Internet, communications and managed IP services deliver the superior and secure experience our customers value and trust.

Core Values and BeliefsCustomer Service Excellence. We feel a sense of urgency on matters related to our customers. We own problems, anticipate needs, respond quickly and deliver customer-focused solutions. We constantly benchmark ourselves against competitors and what our customers expect from us.

Transparent Communication. We have an unwavering commitment to open, honest and timely communication. Clarity in understanding our goals and what we expect from each other is critical to making the best decisions and providing superior service.

Thoughtful Decision-Making. We make informed decisions and align ourselves around successful implementation. We collect data, analyze facts, and consider options before making decisions. Then we focus on execution and measuring results to ensure our actions remain rooted in sound judgment.

Innovation. The best way to have one great idea is to start with a lot of ideas. So we make a habit of asking, “Is there a better way?” Good business people challenge conventional thinking and offer new ideas.

Respect for People. We believe that individuals who are treated with respect and given responsibility respond by giving their best. We treat others as we want to be treated and value a positive work/life balance.

Engaged Professionals. We make commitments with care and live up to them. We’re never passive, but insist on giving our best effort in everything we undertake. We rely on each other for shared success.

One Company. We believe that all of us are smarter than any one of us. Success lies in our ability to align innovation, service and operational excellence to exceed customer expectations. We invite diverse thinking and expect aligned action.

Activity - My ValuesReview Earthlink’s Core Values and Beliefs on the previous slide.

Think about what matters to you, then, write in the text boxes below, the five (5) most important values and beliefs that guide your actions. Once done, click outside the text fields to advance to the next slide.

My Core Values and Beliefs:

Activity - Dispute ResolutionRead pages 63 and 64 in your text book, then fill in the blanks below: 1. Many people decide too quickly to ____________________________ - or take their disputes to court.

2. When one person injures another or fails to keep a binding agreement, a decision to litigate could be avoided

through negotiation , where the parties try to reach a __________________________ themselves.

3. An independent third party called a ____________________________ may be able to help two disputing parties reach a solution.

4. Following an informal hearing, unlike a mediator, an _____________________________ ‘s decision is binding on both parties.

5. A _____________________________court is the first court to hear a dispute.

6. The first court to hear a case has _____________________ __________________________ over the case.

7. ____________________________are officers who carry out judgments in state court systems and

____________________________ are officers who carry out judgments in federal court systems.

9. A verbatim record written during a trial is called a ___________________________.

10. The decisions of lower courts may be reviewed by ____________________________courts.

Activity - Word ScrambleRead pages 68-70 in your text book, noting the diagram of a typical State court system on page 68, then

unscramble the letters provided after each question to answer the following:

1. What kind of court administers wills? abepotr

2. What kind of court administers city ordinances? mpiilnuca

3. What kind of court handles cases involving $2,500 or less? lslma mlisca

4. What kind of court administers estates? petbora

5. What kind of court hears cases involving young people under age 18? leevjuni

Activity - Court ProcedureRead pages 89-98 in your text book, then complete the following story by inserting the correct word(s) in each space. For a hint, see a definition of the word(s) you are looking for in the “Definition of Words” section in the bottom left corner of the slide. (The 1st space has the correct answer as an example.) The Barbours bought custom-made draperies for their home from Dickson’s Drapery Shoppe for the price of $3,500, but they paid only $500 and refused to pay the balance. Dickson, therefore, filed a civil action against the Barbours for the balance due.

As the (1) _____plaintiff____________, Dickson (through his attorney) filed a complaint in the proper court.

The clerk of the court issued a summons addressed to the Barbours as (2) ________________________.

The Barbours’ attorney formally replied with an answer, in which the Barbours denied liability because the drapes were allegedly defective.

To obtain additional information, Dickson’s attorney began discovery procedures and had an independent expert examine the draperies. Shortly after, Dickson’s attorney had the court set a date for a jury trial as requested by the Barbours.

When the trial began, the (3) _______________________ supervised the selection of the (4) ______________________ and it was sworn in.

Both attorneys made opening statements before the presentation of (5) ________________, which consisted of

(6) __________________________ by three (7) ____________________.

Dickson testified as to the sale, which had been made six months earlier.

A former employee, Karl, who had been (8) _________________________, testified that he had delivered and installed the drapes, which were new and in perfect condition.

The jury, after deliberation, reached a (9) ________________________ and the judge rendered a (10) _____________________ for Dickson.

 Definition of Words1.One who initiates a lawsuit by filing a complaint.2.Persons against whom a civil (or criminal) action is brought.3.One who presides over the trial, decides issues of law, and renders judgment.4.Body of impartial citizens selected to determine questions of fact in a trial.5.Anything that provides information used to prove or disprove alleged facts.6.Oral statements given as evidence by witnesses under oath.7.Persons who have personal and direct knowledge of the facts.8.Ordered in writing by a court to appear for a trial as a witness.9.Decision of a jury10.Final result of a trial.

Referring to the Constitution (see pages 634-645 of your text book), answer the questions below: 1. The preamble (opening paragraph) of the Constitution emphasizes that the nation is to be ruled by which of the following? (Using one of

the felt tip pens , located by hovering over the lower left corner of the slide, circle the correct answer below.)

the People OR the President OR the Supreme Court 2. In Article 1, Section 1, Article II, Section 1, and Article III, Section 1, the framers of the Constitution separated the powers of government

into what 3 branches to ensure that no one person or group would be able to create, administer, or enforce laws at the same time, and that each branch would be a check on the power of the others? (Fill in the blanks with letters to spell each branch.)

C __ __ __ __ __ S __ P __ __ __ I __ __ __ __ C __ __ __ T

3. Can states make their own money? Yes No (Check the correct box.) (see Article I, Section 10) 4. Can a single state create a new state within its boundaries? Yes No (Check the correct box.) (see Article IV, Section 3)

For the following questions, write your answer in the text field provided below each question.5. If a law is in conflict with federal law, which law prevails? (see Article VI)

6. Though not absolute, as for instance, the Supreme Court has ruled that the government may ban libel (false statements about a personthat may injure his/her reputation), which Amendment in the Bill of Rights (1 st 10 amendments) grants us the right to free

speech?

7.Although courts have ruled it is legal for school officials to search school lockers and require students participate in random drug testing,which amendment in the Bill of Rights protects us from unreasonable searches and seizures?

8.Which Bill of Rights amendment allows a person their right to remain silent so as not to self-incriminate themselves in a criminal case?

Activity - Constitutional Rights

Activity - The Texas ConstitutionVisit http://www.tlc.state.tx.us/pubslegref/TxConst.pdf

Read at least 5 (five) of the 32 Sections of Article 1 (the Bill of Rights), then answer the questions below:

(Note: You are NOT expected to read the entire constitution! You’ll find the sections in Article 1 are relatively short. )

1. On what date was the online Texas Constitution last approved by the voters? (provided on the 1st page you see when you click the link above)

2. For which section are you most appreciative?

3. Which Section of Article 1 would you like to see changed? What would you change about it and why? When done writing, share your responses with your teacher.

Activity - Case Study

Select one (1) of the following case studies to review from the “You Be the Judge” case studies workbook . See your teacher for printed worksheets.

Case # Parties Subject Topics CoveredCase 1 Commonwealth

v. SnyderConstitutional Law •4th Amendment of the U.S. Constitution

•Students’ Reasonable Expectation of Privacy•Search Warrants Supported by Probable Cause•Balancing School Safety/Disciplinary Policies with Students’ Constitutional Rights

Case 2 M.D., a minor, v. Morgan Hill Unified School District

Constitutional Law •1st Amendment of the U.S. Constitution•Freedom of Speech•Balancing School Safety/Disciplinary Policies with Students’ Constitutional Rights

Case 3 State v.Stallman

Constitutional Law •Ordinance•Misdemeanor•Intrastate Travel•Defining “Unconstitutional”•Police Power and Constitutional Standards/Te

Torts

Crimes Torts

punishment of criminal compensation of victim

offense to all society; public interest only victim injured; private interest only

the state, "the people", represented by prosecutor the victim, plaintiff

try/trial, or prosecute/prosecution sue/suit

defendant’s right to counsel no right to counsel

statute of limitations sometimes a statute of limitations

guilt liability

"beyond a reasonable doubt" "by a preponderance of the evidence"

judge may not direct a verdict of guilt judge may direct a verdict of guilty

fate of victim ignored fate of victim compensated

defendant‘s witness may not be compelled (privilege against self-incrimination) defendant’s evidence may be compelled

criminal civil

statute (mostly) case law, common law (mostly)

primary lawmaker: legislature primary lawmaker: court

From http://www.earlham.edu/~peters/courses/ct/crimtort.htm

A tort is a personal injury, or a civil action other than a breach of contract. It is different from a crime, which involves a breach of duty to society in general. Many acts are both torts and crimes. Prosecution for crimes are mostly made by the state, private prosecutions rarely used; whereas a person who has been injured may bring a lawsuit for tort. One who commits a tortious act is called a tortfeasor. 10

Activity - Case Study

Select one (1) of the following case studies to review from the “You Be the Judge” case studies workbook . See your teacher for printed worksheets.

Case # Parties Subject Topics CoveredCase 9 Selwyn v.

WardTort Law: Negligence & Strict Liability

•Dram Shop Act•Negligence Action•Strict Product Liability•Ultrahazardous Activity

Case 10 Tobin v. NorwoodCountry Club, Inc.

Tort Law: Negligence

•Dram Shop Act•Duty of Care•Reasonable Care

Case 15 Medley v.Home Depot, Inc.

Tort Law: Negligence

•Negligence•Slip and Fall Injury•Business Invitee•A Business Owner’s Duty to Inspect

Works Cited1. “Civil Cases vs. Criminal Cases – Key Differences.” FindLaw. Web. December 6, 2011.

http://public.findlaw.com/library/legal-system/civil-vs-criminal-cases.html

2. “Career and Technical Education.” Texas Education Agency. Web. December 6, 2011.http://www.tea.state.tx.us/index2.aspx?id=4881&menu_id=720

3. Crossroads Area Homeschool Association. Web. December 6, 2011.http://www.cahsa.info/sitebuildercontent/sitebuilderpictures/checkandbalance.jpg

4. “Court Locator.” United States Courts. Web. December 6, 2011.http://www.uscourts.gov/court_locator.aspx

5. “Municipal Court.” Round Rock, Texas – Purpose, Passion, Prosperity. Web. December 6, 2011.http://www.roundrocktexas.gov/home/index.asp?page=83

6. Admin. “The U.S. Judicial System.” Why Courts? October 31, 2010. Web. December 6, 2011. http://www.whycourts.com/?p=7

7. “County Courts.” Texas Courts Online. Web. December 6, 2011. http://www.courts.state.tx.us/courts/county.asp

8. “Government - County Judge - Judge Dan A. Gattis.” Williamson County - 1848. Web. December 6, 2011. http://www.wilco.org/CountyDepartments/Commissioners/CountyJudge/tabid/447/Default.aspx

9. Peter Suber, “Crimes vs. Torts.” Peter Suber – Philosophy Dept. - Erlham College. Web. December 13, 2011.http://www.earlham.edu/~peters/courses/ct/crimtort.htm

10. “Tort.” Wikipedia. Web. December 13, 2011.http://en.wikipedia.org/wiki/Tort