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Legal Environment of Business

Do you agree with her argument?

Legal Environment of Business

TEXT: Beatty/Samuelson, Legal Environment, Custom Fifth Ed., Cengage Learning 2014

Module Three: Wrongful Acts: Torts and Crimes

Overview

“A little neglect may breed great mischief.”
– Benjamin Franklin 1706-1790 (American politician and inventor)

“’Tort’ more or less means ‘wrong’….One of my friends [in law school] said that Torts is the course which proves that your mother was right.”
– Scott Turow, 1949- (American lawyer and author)

Various sanctions are used to bring about a society in which individuals engaging in business can compete and flourish and are protected from wrongful acts of others. Criminal wrongs require guilty parties to pay a debt to society through a fine, imprisonment, and/or community service. However, criminal wrongs also have victims who have suffered financial losses, injuries, sometimes, permanent disabilities or death. Those who are harmed by the conduct of others are victims of torts. Torts are civil wrongs that provide remedies. Every businessperson needs to understand the types and nature of crimes and torts. Moreover, as new ways to commit wrongs are discovered, such as the use of Internet to commit wrongful acts, tort law and criminal law must also expand to address these new issues. Businesspersons need to be aware of trends in the law caused by this expansion so that they can successfully make decisions and navigate the ever changing business environment.

The following Discussion relates to material on Tort Law (Module 3 – Chapter 6)

At approximately 7:50 p.m. bells at the train station rang and red lights flashed, signaling an express train’s approach. David Harris walked onto the tracks, ignoring a yellow line painted on the platform instructing people to stand back. Two men shouted to Harris, warning him to get off the tracks. The train’s engineer saw him too late to stop the train, which was traveling at approximately 99 mph. The train struck and killed Harris as it passed through the station. Harris’s widow sued the railroad, arguing that the railroad’s negligence caused her husband’s death. Do you agree with her argument? Why or why not?

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Legal Environment of Business


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Legal Environment of Business

Instructions:
• Please answer the following questions using complete sentences, no bullet points and no spelling errors.
• Upload your answers in the space provided on Blackboard.
• Read Chapter 6 & 7
• Watch the video on Blackboard about White Collar Crime then write your reaction paper.
Chapter 6 Case Hypothetical
Enacted with the bipartisan support of United States Congress in 1994, the North American Free Trade Agreement (NAFTA) has not been without its critics. In fact, the landmark free trade agreement between the United States, Canada, and Mexico has met virulent opposition from scores of United States citizens, who claim that NAFTA is a “bad deal” for the United States, with years of job losses and trade deficits to prove it.

Assume that in succumbing to the “will of the people,” the President of the United States decides to “walk away” from NAFTA. He announces this, much to the surprise of the leaders of Canada and Mexico, at a hastily-convened summit in Cancun.

1) If the United States elects to terminate its involvement in NAFTA, would Canada and/or Mexico have any recourse against the United States?

2) If so, what remedies would be available to the non-breaching countries?

3) Is international law really relevant, especially if a country can unilaterally terminate its obligations under international law?

Chapter 7 Criminal law

Please watch the White Collar Crime You Tube video.
Please write a 4-5 paragraph (minimum) Reaction Essay.

This Reaction Essay should attempt to answer some of the following questions:

What would you ask, or tell, the author of the video if you could?
What did you realize as a result of watching the video?
What questions does the video raise for you — about the material, about other things?

How do you react to the piece on a personal level? How does the piece relate to your experience?
Did the piece hold your interest? Why or why not? (be polite!) ?

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