BUS5150 Legal & Ethical Environments Of Business
In a culture like the United States, the law informs daily life in various ways and is reflected in numerous law departments. Contract law, for example, governs agreements to exchange goods, services, or anything else of value, so it encompasses everything from purchasing a machine ticket to selling options on a derivative request. Property law defines people’s rights and duties toward palpable property, such as real estate (i.e., real property, such as land or structures) and their effects (i.e., specific property, such as clothes, books, vehicles, and so on), as well as impalpable property, such as bank accounts and stock shares. Tort law allows for compensation when someone or their property is hurt due to a machine accident or character defamation. These are areas of civil law that deal with disputes between individuals. Offenses against a city, state, or original community are subject to felonious law, which allows the government to punish the lawbreaker.
The law serves several functions. The four top pillars are establishing norms, keeping order, resolving conflicts, and protecting liberties and rights.
Four Categories of Ethical Dilemmas
•Truth vs . Loyalty: Contrasts the values of telling the truth, being honest with the virtues of responsibility, or keeping promises. “Telling the truth” usually refers to accurately reporting the facts, whereas loyalty is concerned with attachment to a buddy, a group, or a set of views.
• Short-term vs. Long-term: involves the immediate needs of the present conflicting with those of the future.
• Individual vs. Community: puts the interests of an individual standing alone against the interests of a bigger group (to which the individual also often belongs). It could also be about one person’s interests versus another’s or the interests of a small group versus those of a larger group.
• Justice vs. Mercy: is a choice between going by the book and bending the rules. It involves choosing between fairness and equal treatment of everyone on the one hand and compassion and allowing for exceptions on the other hand.
Personal Jurisdiction of Courts
Personal Jurisdiction / Particular Governance refers to a court’s ability to rule on the party being sued in a case. The United States Constitution requires that a party have some minimal links with the forum in which the court sits before a court can exercise power over that party. 326 US 310 (International Shoe v. Washington) (1945). So, if the complainant sues a defendant, the defendant can respond by claiming that the court lacks jurisdiction over the defendant.
Waiver of Specific Governance
Because particular governance can generally be waived (unlike subject matter jurisdiction, which cannot), if the party being sued appears in court without objecting to the court’s lack of particular governance over it, the court will assume that the defendant is waiving any challenge to particular governance.
Litigation versus ADR
In legal education, action and essential conflict resolution are commonly coupled. Preparing and presenting a court case is referred to as action. ADR (alternative dispute resolution) techniques include agreement and arbitration, which can occur independently of the court system or as part of the in-court action process.
Litigators, or trial attorneys, are most commonly employed as private interpreters, government prosecutors, or public protectors. The courtroom is their arena. Many are generalists, while others specialize in certain areas of law, such as intellectual property or criminal defense.
While litigators aim to resolve disputes in court, intercessors work with parties in private settings to help them reach mutually accepted conclusions. The parties eventually form opinions and are non-binding, with the parties free to pursue alternative channels of requital if they remain dissatisfied. Intercessors handle disputes ranging from divorce and child custody agreements to landlord-tenant disputes, employment demarcation concerns, and poisonous tort liability.
Arbitration, on the other hand, is generally seen as a simplified interpretation of a trial with less-complicated evidence and procedure requirements. In arbitration, the judges form opinions that are binding on the parties. Judges typically handle business-related problems, such as labor, construction, real estate, insurance, and securities, and they usually have moxie in specific areas of controversy.
The founders of the United States Constitution intended for the federal government to have limited power. As a result, they limited the kind of matters that federal courts could decide. State governments enact most laws that impact us, so most conflicts that control our everyday lives are resolved in state courts. Federal courts play a crucial role as well. They defend fundamental rights, such as free expression and equal legal protection.
This is the essential concept of Federalism, which refers to a government in which authority is split between a central government and smaller state or regional governments.
State courts have “general jurisdiction.” They hear any cases that are not explicitly designated for federal courts. State courts interpret state statutes in the same way that federal courts do. Each state has the authority to create and interpret its laws. This helps states retain power while ensuring that the national government does not become overly powerful.
Some of the framers of the Constitution were concerned that the federal courts would jeopardize the independence of the states and the people. The architects established a federal judicial system that could only hear cases in exceptional circumstances to alleviate this worry. This is referred to as having “restricted authority.” Because federal courts can only hear specific issues, most cases that courts deal with daily occur in state courts. Federal courts hear just two categories of cases: those involving “federal questions” and those concerning “diversity of citizenship.”
State courts generally hear matters concerning state law, whereas federal courts hear issues involving federal law. Because most crimes violate state or local law, most criminal trials are handled in state court. State courts, in addition to criminal matters, hear:
- Family law cases, including divorce and custody
- Estate cases
- Personal injury cases
- Contract disputes
- Real estate disputes
The United States Constitution established the federal court system, commonly called “limited jurisdiction” courts. This is because federal courts can only consider matters they have been specifically allowed to hear. Federal courts may hear some of the same cases as state courts, including criminal proceedings, but they must be governed by federal law.
Cases heard in federal courts include:
- The United States is a party to the case
- The case involves a matter of federal law or the Constitution
- The case involves parties from different states
- Bankruptcy, copyright, patent, or maritime law
Reference
What is the difference between state and federal courts? (2021, January 4). The Judicial Learning Center | An online companion to the Judicial Learning Center in St. Louis, Missouri. https://judiciallearningcenter.org/state-courts-vs-federal-courts/
Cornell Law School. (2020). Diversity jurisdiction. Legal Information Institute. Retrieved March 14, 2022, from https://www.law.cornell.edu/wex/diversity_jurisdiction (Links to an external site.)
Jennings, M. (2018). Business: It’s a legal, ethical, and global environment. Cengage Learning.
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Question 
Write a detailed reflection with examples on the topics below:
- Purpose of law (in Chapter 1)
BUS5150 Legal & Ethical Environments Of Business
- Four Categories of Ethical Dilemmas (in Chapter 2)
- In Personam Jurisdiction of Courts (in Chapter 3)
- Litigation versus ADR (in Chapter 4)
In your reflection, you evaluate what you have learned in the module (Week): the laws, concepts, policies, and the current/historical overview of the legal oversight using your learned knowledge. One of the best ways to evaluate critically is to ask questions using “why” and “how.” Reflection papers require in-depth knowledge through research, hence the need for more references and citations.