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Business Law Lecture 1

The start!

Mark Van Hoorebeek

on 21 June 2016

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Transcript of Business Law Lecture 1

198,546,902 views July '12
Illegal Acts
Separate rules from habits and customs
You will analyse how rules are applied and subsequently enforced.
You will look at the structures that are in place to allow the rules to be upheld.
In many cases there are no right and wrong answers to the questions posed by this course...
...but the thought processes (reasoning) you will use to arrive at your conclusions are very important.
Law is not an exact science and when it comes to designing, applying and breaking rules and laws, there is a lot of room for interpretation.
We often think about social rules, most of which are unwritten and which we observe because we have a shared social understanding of what they are.
We will now analyse a different kind of rule, as opposed to a habit, custom or role:
A rule is something which prescribes what a person must/must not do, may/may not do, can/cannot do. It is generally possible to go to a text (such as an Act of Parliament, a contract, the written decision of a court, or the holy book of a particular region) which specifies what the rule is.
The authority of the rule is generally observed.
Formal sanctions exist.
What are they?
What should happen to Mike?
What did happen to Mike?
Write a large letter on the back of the handout...
Just avoided a jail term
g) and h) sit down
due to "early guilty plea"
shown remorse
Magistrates' chairman Elizabeth Baugh
"Your actions caused great distress, not only to the public who consume this food, but also to the company...I think you have learnt a very, very serious lesson." Serious lesson...a) and b) sit down...
Criminal Justice and Public Order Act 1994
Part XII Miscellaneous and General
Harassment, alarm or distress
154 Offence of causing intentional harassment, alarm or distress
In Part I of the [1986 c. 64.] Public Order Act 1986 (offences relating to public order), after section 4, there shall be inserted the following section—
“4A Intentional harassment, alarm or distress
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(b) that his conduct was reasonable.
(4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.”.
It is the study of men in conflict, institutions in tension and the process of dispute resolution.
When we think about “law” we tend to think about an organised system or body of rules that are meant to guide human conduct and that are usually made, applied, interpreted and enforced by institutions. So the idea of law is about a system of (1) rules; (2) concepts; (3) institutions; (4) procedures; (5) officials; (6) values.
Law is an angry blind woman.
Indicates that justice is (or should be) meted out objectively, without fear or favor, regardless of the identity, power, or weakness: blind justice and blind impartiality.
Police were called in, and with the help of lotto operator Camelot, the Staceys were tracked down to their home in Swindon, Wilts.
Police immediately froze the remaining £15,000 and charged the Staceys with theft and fraud.
Amanda admitted she had found the ticket, but claimed she reported it to Co-op staff who told her to keep it. She told police: "We didn't think we had done anything wrong, we just thought it was luck."
Dorothy must now wait until July, when another court hearing will decide whether she gets the frozen £15,000.
But the only way she can claim the rest of her jackpot is by launching a civil action against the Staceys after Camelot refused to pay out a second time.
Finders keepers losers weepers?
Who should keep the money?
We have now an example of case law:
(R v Mike) and...
Statute Law Public Order Act
What is law?
A code of conduct for individuals
Hacker's 'moral crusade' over UFO
Gary McKinnon
A Briton fighting extradition to the US for hacking into top-secret computers claims he was morally justified in breaking the law.
Gary McKinnon, 43, from London, admits hacking into 97 US government computers, including Nasa's and Pentagon's, during 2001 and 2002.
He told the BBC he was on a "moral crusade" to prove US intelligence had found an alien craft run on clean fuel.
They focus on whether Mr McKinnon should have been allowed to face trial in the UK and whether the decision to extradite him should have been reconsidered in light of his diagnosis as having Asperger's Syndrome last year.
BBC News 28th July 2009: http://news.bbc.co.uk/1/hi/uk/8172842.stm
Within boundaries…
Religion and morality can haves an impact on the law, and can change it over time.
Late and Sunday opening, pornography, censorship and gambling are examples.
What is law:
The lettuce nose stuffer,
Lady Law,
Finders keepers losers weepers
(or not say Camelot)
Central Criminal Court (Old Bailey)
Lost her ticket
Rob Ross, defending, told the court: "It is important for the public to know
that 'Finders keepers, losers weepers'
is not true and never was true."
Public Order Act Miscellaneous Provisions

The Collins English Dictionary defines law as a rule binding on the community.
Mozley & Whiteleys Law Dictionary tells us that law is a rule of action prescribed or dictated by a superior, which an inferior was bound to obey.
Often the societal perception of business does not take this into account.

It is sometimes perceived that a business has the dual aims of cheating employees and ripping off consumers. There are numerous factors that influence the running of a business.

Business however must be efficient and promote societal development. To do this business must play by the rules, the rules are partly defined by the law.
What is law?
The condition of social order and justice created by adherence to such a system.
A set of rules or principles dealing with a specific area of a legal system.
What is law?
A rule of conduct or procedure established by custom, agreement, or authority.
The body of rules and principles governing the affairs of a community and enforced by a political authority; a legal system.
Law is pervasive
Law within a business framework can be used for defense and attack.
Lawyers must be managed like any other resource.
The more you understand about the law the better.
Forget the conventional lawyer stereotypes…
What is business?
What is the link between law and business?
A commercial activity engaged in as a means of livelihood or profit, or an entity which engages in such activities.
The Army
Effective business is important as economic growth and productivity are VITAL TO A STATE
Business creates wealth and profit…
Without business related tax revenues, there would not be…
The analogy here is the reason why you are learning about the law.
Yes you will need to learn things i.e. the rules of the game; but more importantly you will need to know how to apply the rules.
Yes: So what!
This is different: To get the answer right you needed:
1. To know the rules of chess.
2. To know how the pieces interact and apply the rules to come to an answer.
Or have put down a lucky guess: Random chance would have 33% correct answers.
This is application of knowledge.
You could not look this up or it would be very difficult and time consuming to look up.
So what?

White to move: Rook: Checkmate in one.

White to move: Rook: Checkmate in one.
To get the answer right you needed:
1. To know what a knight was (specifically i.e. that it was not a bishop).
2. To know the rules of where a knight could move to.
Or have put down a lucky guess: Random chance would have 33% correct answers.
This is knowledge.
You can look it up: How does a knight move?
So what?

Which is the only square that the knight cannot move to?
Which is the only square that the knight cannot move to?
White to move: Checkmate in three.
The format has changed but the rules are the same.
There is different notation used to frame the question
There is a diversity business forms and sectors. Alongside this there is a diversity of roles within a business organisation, it follows that a wide variety of areas fall under the law. Some more bizarre than others...
Dr. Mark Van Hoorebeek
Your first move should be:
a) d4 to h4
b) f5 to h7
c) f5 to g6
Contract breach...
Criminal acts...
For some, the word law is properly used whenever there is an identifiable system of rules governing human conduct: so there can be workplace rules; there can be rules of a religious institution. People who take this position, think about law as a social phenomenon that regulates human activity. This does not mean that all rules are law – some rules are just advice; some rules aren’t organized into a system; some rules have no institution to apply them.
For others, the word law should be limited to those kinds of rules that are made by the State. They would add an additional criterion to the list in the first paragraph. A rule is a legal rule (is law) only if it is part of a system governing human action that has identified institutions, established procedures, and officials, AND has been made by a State. People who take this position will say that a statute passed by Parliament is “law”, but a “Code of conduct” enacted by the United Nations or by a University or by a trade union is NOT “law”. Such codes are just rules to guide human activity
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