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At the conclusion of this course, the student should be able to:
1. Compare and contrast the federal, state, and international legal systems.
2. Summarize the legal principles of common law and statutory law applicable to a working understanding of administrative, civil, and criminal law.
3. Distinguish the primary legal causes of action that affect the business environment including administrative, tort, contract, constitutional, and criminal law.
4. Assess the environment for business in employment law, securities law, anti-trust law, consumer protection and environmental protection.
5. Understand obligations imposed on businesses.
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I. Federal, State, and Administrative Common Law Systems of the U.S. vs. International Law Systems
A. U.S. common law cases and statutes and their relationship to administrative, civil, and criminal law
B. Civil law systems, common law systems, and hybrid systems
C. Legal opinion and precedent; case brief format.
D. Remedies at law and equity; specific cases of action and their parameters
II. Constitutional Law on Federal and State Level, as it relates to Administrative, Civil, Tort, Criminal and Contract Law
A. Bill of Rights and its application to business and commerce
B. Limitations of constitutional protections
1. Equal Protection Clause
2. Due Process Clause
3. Three-prong scrutiny tests
C. First Amendment impact on commercial and non-commercial speech in the business environment
III. Business and the Regulatory Environment
A. Constitutional provisions and protections
B. Employment, immigration and labor law and discrimination
C. Securities laws and protections
D. Maintaining competition in the marketplace
E. Social Purposes of Law
F. Consumer protection laws
G. Environmental protection laws
H. Ethical and political influences
IV. Survey of Common Law Torts, Elements and Remedies in the Business Environment
A. Principles, elements, and case law of negligent, intentional, and strict liability torts
B. Specific torts and issues associated with business environments
C. Principles of tort law and inherent liabilities and duties
1. Personal torts
2. Business torts
D. Intellectual property
1. Protections
2. Liability
3. Internet transactions
V. Criminal Law
A. Primary felonies and misdemeanors
B. Crimes vs. torts
C. Civil vs. criminal liability
VI. Contract Law
A. Common Law Contracts vs. Sales Law from historical and consumer perspectives
B. Essential elements of a contract (common law vs. sales)
C. Statute of Frauds and its defenses
D. Additional defenses to contract formation and limitations
E. Traditional vs. internet contracts
F. Duty to mitigate and variables
VII. Domestic and International Business Entity Forms
A. Forms of business entities
1. C-Corporations
2. S-Corporations
3. Partnerships
4. Limited Liability Company (LLC)
5. Sole Proprietorship
B. Appropriate form for the specific business
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Business Law Today. Miller, Roger. 12 ed. Cengage. 2020