DEFINITION OF LAW

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DEFINITION OF LAW

• EVOLUTIONARY PROCESS WHEREBY A GOVERNMENT
  DEVELOPS A SYSTEM OF RULES AND REGULATIONS,
  ENFORCEABLE BY SANCTIONS, TO CONTROL THE CONDUCT
  OF ITS PEOPLE

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BRANCHES OF THE LAW

• FEDERAL AND STATE LAW
• NATIONAL v. LOCAL LAW
• PRIVATE AND PUBLIC LAW
• PRIVATE v. PUBLIC RIGHTS AND DUTIES

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BRANCHES OF THE LAW

• CIVIL, CRIMINAL AND ADMINISTRATIVE LAW
• COMMON LAW AND STATUTORY LAW

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Civil Law

• Private Law
• Purpose - Compensation to injured party
• Sanction - money damages or equitable remedies
• Procedure - civil lawsuits initiated by injured
  party

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Criminal Law

• Public law
• Purpose - punishment of wrongdoer
• Sanction - fine or imprisonment
• Procedure - criminal prosecution initiated by
  government

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Administrative Law

• Public Law
• Purpose - regulation of conduct for protection of
  public
• Sanction - loss of license or civil fine
• Procedure - adjudication process - hearing before
  regulatory panel or ALJ

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Aspects of the Common Law

• State law court decisions
• Ultimate Authority - State Supreme Court
• Judge-made or Case Law
• Creation Judicial Process

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Common Law

• Fundamental Principle
• Principle of Stare Decisis - Concept of Precedent
• Areas of Common Law
• Contracts, Torts, Property, and Agency

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Aspects of Statutory Law

• State and Federal Law
• E.g., OSHA and Workers Compensation
• Enacted or Codified Law
• Created by Legislature- political process
• Published in Code books e.g., North Dakota
  Century Code, United States Code

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Statutory Law

• Role of Courts
• Interpretation of Law
• Areas of Statutory Law
• Uniform Commercial Code sale of goods
• Business Organization Laws corporations,
  partnerships
• Regulatory laws consumer protection,
  discrimination, antitrust

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Format Briefing Cases

• Facts
• Relevant Factual Circumstances Procedural
  History
• Issue - Legal Question in Case
• Decision
• Decision of Appellate Court (not lower
  court/jury)
• Reasons
• Rationale for Courts Decision
• Managerial Implications
• Significance of Law/Case to Business

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INVASION OF PRIVACY

• APPROPRIATION
• INTRUSION
• PUBLIC DISCLOSURE OF PRIVATE FACTS
• FALSE LIGHT

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APPROPRIATION

• Violation of the Right of Publicity
• Using anothers identity (e.g., name, photo,
  likeness) for commercial purposes without his or
  her consent

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INTRUSION

• Invasion of someones private domain or seclusion
• Includes unauthorized access to ones private
  records e.g., financial or medical records

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PUBLIC DISCLOSURE OF PRIVATE FACTS

• Facts must be private ones, not information that
  is publicly available
• Must be a public disclosure - disclosure to
  general public or to a large group of persons
• Must be highly offensive to reasonable person
• Lack newsworthiness

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FALSE LIGHT

• Communication that creates a false impression
  about a person
• Impression created must be offensive to that
  person
• Communication need not be defamatory that is, a
  false statement of fact

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Format Case Problems

• Facts
• Issue
• What is the issue of law presented by case?
• Law
• What legal rules apply to the issue?
• Application
• How should the rules apply to facts of case?
• Conclusion
• What is the outcome of your analysis? Who wins?
  Who loses? Why?