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Business Law Notes- July, 10, 2008 Review from previous class session July 3, 2008 ?The Rules of Law regulate relations ?Public Law: Relations between state and individuals ???Exercise of power for state authority ???Based on the Roman-German Tradition ???Associated with the meaning of ‘Res Publica,’ (which means State & Society collectively) ???Great Importance placed on Public Law-according to the European Continental Tradition ?Anglo-Saxon Law: Based on Common Law ???Case Law (law arrived through court decisions :Is the American term for Anglo-Saxon Common Law ???The American Law is a continuity of English Law European Continental law: Based on the Legal Theory and Legal Codes ?Statutes: Come from parliaments of the state ?Acts: Come from Congress ?Ordinances: Come from Municipal/Local Government Notes from New Material Ethical Issues and the World of Business ?Relationship between Ethics and Law- ???What is ethical is not always included in the law ???What is permitted by the law is not always ethical ?Unethical Acts can be considered legal ?Ethical considerations can be transferred to law because a moral obligation today can become a law tomorrow ?
There is a connection but no identification between law and ethics because any sensation of the law has to do with some ethical ideas (something is wrong or something is right) ?Adam Smith ??? Founder of Political economy ???Believed in the Theory of the Invisible Hand, which is close to the individualism of the Anglo-Saxon Law ???The theory covers all individual actions that lead to the benefit of the whole society ??? ?Ethics: Identified with the Principle of Autonomy ???Ethics deals with what is right and what is wrong Law: Identified with the Principle of Heteronomy ???Law has much more practical considerations about reactions between organizations, states, and citizens ?Autonomy: Deals with someone’s moral conscience ?Justinian Codes: Includes all Roman Law in writing There are 3 Principles in law 1. ) Justice = Is the Fast procedure in a Court and refers to the right timing 2. ) Safety = Provisions of safety are not identified always with provisions of justice-sometimes it’s a coincidence. In other words, principles that achieve safety independently of whether or not they are justified (Fair or Not Fair) ???For example, you can only file a lawsuit after a certain number of years-After 5 years you loose your right to file a lawsuit for violation of contract because of safety ???Safety is for citizens, state authority, or entire society ?Sometimes we have just law or unjust law ?Some laws (provisions) fall under safety but are not necessarily just ? Practical Safety of individuals, state, and society as whole should be taken into account by governors . ) Equity = Is against strict law and considers weaknesses of human nature ???The Christian religion contributed to the promotion of equity, specifically in the Roman Empire, there was influence from the Stoic philosophers ???Equity exercised much more in Penal Cases ?Mitigating Factor: Factors the judge takes into consideration to reduce the sentence or lessen the punishment for violators of the law. ???Used especially for provocating behavior ?Victimology = is a branch in Penal and criminal law that deals with research on why individuals turn out to be victims. For example, if the victim makes something very attractive for the actor, the actor has a mitigating factor. ???For example, if a poor friend(the actor) takes the wallet of a rich friend (the victim)then the behavior of the victim is provocating because he shows the poor friend how much money he has, showing off his car etc. ) ? Primitive Law is Strict In the World of Business there are Ethical Issues Managers have 3 great negative issues to deal with (Good managers should try to avoid them) Moral Issues- a. Some ethical rules, gradually can become law b. ) Something posing to be the law turns out to be unethical (i. e. Adultery) ???Modern Ethics tend not to be connected with sexual relationships but deal much more with the Interest of the State or Society Good Reputation of Business Firm- Managers want to give this better image of the firm, a firm with a good reputation 3 Ethical Considerations Faced by Managers: ?Ethical Codes- Include Obligations, details that are not to be neglected in litigation rules. which forbidden the invasion of privacy 1. Invasion of Privacy = Using hidden cameras and monitoring techniques, employees give their manager information about what other employees are doing in their desk or work areas. A good ethical code forbids the invasion of privacy. LAW = protection of personal data Invasion of Privacy = is immoral and unethical 2. ) Restrictions placed on activities of employees = Restrictions by contracts with employees concerning inventions and patents created by employees. The company wants these inventions to become solely its own property. A good ethical code forbids the restriction placed on employees while under an employment contract. . ) Sexual Harassment = The violation of a moral obligation and of Law There are 2 prerequisites in order to have sexual harassment: a. ) Unwelcomed Advances-(for physical intercourse), which create an offensive, terrifying, and hostile environment. Repetition is required. b. ) Give and Take ILLEGAL transaction- For example, a general manager gives you something such as a higher salary in order to take something from you such as a sexual favor. ???This involves superior and inferior positions (a General Manager promises if you do this, then you will get this from me) Otherwise We have: A violation of public order ???A Violation of the rules of an Organization ???A Violation of Public Disturbance ?Offenses against the sexual dignity of a persons not considered sexual harassment An Ethical Code: ?Ethical Code can prepare a lawsuit against some persons because it gives evidence about some unlawful action ? State authorities decide to issue lawsuits against things ethical code is trying to protect. Ethics and Businesses: ?Businesses want to maximize profits but undertake policies that are against the interest of employees, the environment, and rights of consumers The Ethical Code is a shield against the tendency of businesses to maximize their profit by undertaking policies that violate rights of consumers, employees, and the environment. ?Environmental disturbances are not considered Environmental Crimes ?Aarchus Treaty = An obligation of state authorities to give information about the situation of the environment, both the Natural and Building Environments. This was transformed in Domestic National Law in Greece and is valid for all of Europe. ?Law is not identified with Ethics Litigation Rules: ?1. ) Start with the right type of Introductory Paper ?2. ) Do it at the Right Time 3. ) Follow the right procedure Following the Right Procedure involves two Elements: A. ) Find the Competent Court (In the U. S. There are the State and Federal System) ???Find the Locally Right Court ???Find the Right Court from the point of the Nature of the Case ( For example, you are in the State of Arizona and you go to the Trial court, but you should have gone to a specific section of that court) B. ) Find the Competent Procedure ???General Procedure OR ???Specific Procedure State System: (deals with violation of small, private issues or cases) ???Trial Court (1st degree) ???Intermediate Court (Appellate Court-2nd degree) Court of Final Resort Federal System: (deals with violation of constitutional or federal laws, laws or issues of national importance) ???District Court (Larger Area) ???Intermediate Court of Appeal ???U. S. Supreme Court (Top of the Hierarchy) ?If you are not satisfied with the Court of Last Resort under the State System, then you can go to the U. S. Supreme Court, but if you are not satisfied with the U. S. Supreme Court you CANNOT go to the Court of Last Resort ?In ALL cases, we have a Plaintiff and a Defendant ?Plaintiff files a lawsuit and a summons or introductory paper is given to the Defendant.
Plaintiff expresses complaint in the file. ?Defendant answers after the Plaintiff files the lawsuit. ?Pretrial Procedure takes place ?Post-Trial Procedure takes place ?Alternatives outside the court room include: (Used to try to compromise without the court procedures because they have a cost of time and a cost of money) ???Arbitration ???Mediation ?OR ?Finish (Stop) at Pre-Trial Procedure Topics to consider when reading the textbook include: ???Trial ???Cost of Trial ???Summons ???Plaintiff/ Defendant ???Pre and Post Trial Procedures ???Alternatives to Court Procedures