美国商业法律 BUSA Class 1

1、the legal environment of business spring 2018 professor deepa varadarajan class 1 introduction: what is the law? administrative matters attendance professionalism textbook: the legal environment of business: online commerce, business ethics and global issues by henry cheeseman (8th ed. 2016). readin

2、g assignments office hours by appointment: room 1138 (11th floor), rcb 35 broad street. grades academic honesty broad objectives 1) be more aware of the complexity and unpredictability of the law 2) have a greater appreciation of the role of law and th

3、e courts in balancing legitimate, competing interests of the parties 3) be more sensitive to ethical issues confronting business 4) communicate effectively about legal and ethical issues 5) evaluate legal arguments and evidence to apply legal doctrine to solve business problems 6) explain how law ca

4、n be used strategically as a tool to reduce or manage business risk course trajectory part i: foundational topics definitions, sources of law ethics and the social responsibility of businesses state and federal courts; procedural issues part ii: the commercial environment intellectual property busin

5、ess organizations contract law part iii: the regulatory environment tort law/products liability agency law employment law what is “law”? “law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. that which must be obeyed

6、and followed by citizens subject to sanctions or legal consequences is a law.” (blacks law dictionary) there are multiple sources of law! what is “law”? law comes from multiple sources e.g., federal and state constitutions; federal and state statutes; judicial decisions; administrative regulations;

7、international treaties; municipal ordinances law is everywhere law is ambiguous, complex, changeable, open to interpretation sources of law- basics sources of law legislative branch makes laws by passing broad, forward-looking statutes (also commonly called “legislation”) eg. “from this date, the sa

8、le and possession of methamphetamine will be illegal.” sources of law executive branch: enforces laws passed by congress. congress and the president delegate authority to government agencies to enforce/regulate certain areas. e.g., the environmental protection agency regulatory agencies also have a

9、rule-making function. for example, the epa issues environmental regulations that industries have to follow. the area of law related to agency rule- making is called administrative law sources of law judicial branch: adjudicates disputes that arise under existing laws the courts role is specific and

10、backward- looking e.g., “you ms. x sold methamphetamine in violation of federal narcotics laws.” us has a “common law” system judges make law sources of law co-equal branches of government: no clear hierarchy; no branch is automatically stronger than the other example of the interplay between branch

11、es: courts can strike down a legislative statute if it is unconstitutional in certain contexts, legislatures can pass statutes that overrule judge-made law court system federal and state courts federal appellate courts (courts of appeal by circuit) court system federal and state courts court system federal and state courts judges issue written opinions/decisions whats in a judicial opinion? facts of the dispute relevant legal principles how