Four sources of law: Constitutions Statutes Case law Administrative regulations

Main types of laws include: Civil law Criminal law

Criminal Law

Criminal Law is a group of laws that defines and sets punishments for offenses against society.

Classifications of crimes: Felony Misdemeanor

Criminal Law Elements of criminal acts:

Duty – whether you were aware of your duty to do or not to do a certain thing

Violation of duty – whether you performed an act or omission in violation of that duty

Criminal intent – whether or not you had criminal intent which generally means that the defendant (1)intended to commit the act and (2)intended to do evil

Criminal Law

A felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both – or even death.

A misdemeanor is a less serious crime usually punishable by confinement in a county or city jail for less than one year, by fine, or both.

Criminal Law & Businesses

Criminal offenses committed in the business world are typically referred to as white-collar crimes.

Larceny –theft Receiving stolen property False pretenses – type of fraud Forgery –altering a writing

Criminal Law & Businesses

White-collar crimes included… Bribery Computer crime Extortion –blackmail Conspiracy – an agreement between two

or more persons to commit a crime Arson – the willful and illegal burning of a

building

Chapter 4 Slide 7

PUNISHMENTS FOR CRIMES

Fines Imprisonment Execution

Chapter 5 Slide 8

HOW DO CRIMES AND TORTS DIFFER?

Crime - Offense against society Tort -Offense against an individual

with damages (money, something awarded)

Civil Law

Civil law is a group of laws used to provide remedy for wrongs against individuals.

A tort is a private or civil wrong – an offense against an individual.

If someone commits a tort, the person injured as a result can sue and obtain a judgment for damages.

Chapter 5 Slide 10

ELEMENTS OF A TORT

Duty Violation of the duty-negligence – carelessness-some require that breach of duty is

intentional Injury Causation – breach of duty caused

injury

Chapter 5 Slide 11

WHAT CONSTITUTES NEGLIGENCE?

Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence

Civil Law

“Damages” is a money The money is meant to restrain the

injured individual’s desire to get revenge by taking the law into her/his own hands.

Civil Law

Intentional torts are torts in which the defendant possessed the intent or purpose to inflict the resultant injury. Assault – threat of injury Battery – harmful or offensive touching

of another Defamation – injury to a person’s

reputation

Businesses Have Legal Responsibilities

Sweatshops are factories that have unsafe working conditions, treat workers badly, and pay poorly

Sweatshops are factories that have unsafe working conditions, treat workers badly, and pay poorly

Occupational Safety and Health Administration (OSHA)- a division of the Department of Labor that sets and enforces work-related health and safety rules.

Occupational Safety and Health Administration (OSHA)- a division of the Department of Labor that sets and enforces work-related health and safety rules.

Responsibilities to Customers

Food and drug Administrations (FDA)- a governmental agency, protects consumers from dangerous or falsely advertised products

Poisoned Tylenol story

Food and drug Administrations (FDA)- a governmental agency, protects consumers from dangerous or falsely advertised products

Poisoned Tylenol story

Responsibilities to Employees

Equal Pay Act of 1964 – requires that men and women be paid the same amount for the same work

Americans with Disabilities Act

Equal Pay Act of 1964 – requires that men and women be paid the same amount for the same work

Americans with Disabilities Act

Responsibilities to Society

Environmental Protection Agency (EPA) – a federal agency that enforces the rules that protect the environment and control pollution

-Use of non-renewable resources-conservation is goal of many companies

Environmental Protection Agency (EPA) – a federal agency that enforces the rules that protect the environment and control pollution

-Use of non-renewable resources-conservation is goal of many companies

Responsibilities to Society

-Employee wellness-workplace diversity-safety on the job

All are becoming important to businesses

-Employee wellness-workplace diversity-safety on the job

All are becoming important to businesses