BUS 240 Introduction to Business Law Chapter 1

Assault

Someone makes you afraid that you’re about to get hurt.

• Think of it like someone threatening you with a punch but not actually hitting you.

Battery

Someone actually hits you or touches you in an offensive way.

• This is the punch actually landing.

Trial Court

Where cases start, facts are examined, and decisions are made.

Intermediate Court of Appeals

If you lose at trial, you can ask for a review here.

Supreme Court

The highest court! It has the final say.

Both state and federal courts follow this structure.

RFRA (Religious Freedom Restoration Act)

RFRA (Religious Freedom Restoration Act)

This law makes it harder for the government to interfere with people’s religious practices, unless it has a strong reason.

• Imagine a religious group claiming an exemption from a law, and the government needing to prove why they can’t have it.

Civil Law

Disputes between people or between people and the government.

• Example: If I sue you because you broke my car window.

Criminal Law

Protects society from harm.

• Example: Robbing a bank is a crime against society.

Personal Jurisdiction

The court has power over the people involved.

Subject Matter Jurisdiction

The court has power over the subject of the case.

• Example: Traffic courts handle traffic violations, not divorces!

In Rem Jurisdiction

Power over property involved in the case.

Exclusive vs. Concurrent Jurisdiction

Some cases can only be handled in federal courts (like certain large money disputes between people from different states). Others go to state courts.

Jurisdiction in Cyberspace

Courts decide if they have power based on how much interaction a business has online. Is it a passive website (less interaction) or one with substantial business interaction (more interaction)?

Venue

Where should the trial take place? Usually where the issue occurred.

Standing to Sue

You can only sue if you’ve been directly affected by the issue.

Parties in a Case

Plaintiff and Defendant

Plaintiff

The person who files the lawsuit.

Defendant

The person being sued or charged.

How Does a Civil Case Proceed?

• Plaintiff files a complaint.

• Defendant answers or counters.

• Discovery: Both sides gather evidence.

• Trial: Jury decides.

• Appeal (maybe): If someone doesn’t like the result, they can appeal.

what are the Sources of Law?

• Constitutional Law

• Executive Orders

• Treaties

• Common Law

• Statutory Law

• Administrative Law

Constitutional Law

Found in the Constitution. Protects rights like freedom of speech.

Executive Orders

Directives from the President (must be within their power).

Treaties

Agreements between countries, which become law once the Senate agrees.

Common Law

Based on past decisions (precedent).

Statutory Law

Laws passed by legislatures (like Congress).

Administrative Law

Rules made by government agencies (like the FDA).

Moral Law

Not enforceable by law but based on our sense of right and wrong.

• Example: Helping someone in danger is a moral duty, but you won’t get arrested if you don’t help.