Reference no: EM131627166

#Business and Its Legal Environment

What are the different legal philosophies?
How does law affect business decision-making?
What are the classifications of the law?
What are the sources of our law?
What is stare decisis?

#Ethics and Professional Responsibility

What is business ethics?
Why is business ethics important?
What categories of ethical dilemmas and rationalizations can suggest a problem?
What tests/considerations should individual employees use in resolving an ethical dilemma?
How does a business create an ethical atmosphere?

What is corporate social responsibility and what other theories are there on the role of business in society and how it should achieve its goals?
What approaches exist for ethical reasoning?

#The Courts and: ADR

How are the federal courts organized?
What is the process of judicial review - reversible error and stare decisis. Know the options of the appellate court and how its decisions are made.
How does a case go to court and who are the personnel involved?
How do courts decide whether to hear a case? Understand subject matter and personal jurisdiction.
What are the various methods of alternative dispute resolution?
What are the advantages and disadvantages of ADR and litigation?
What are the four main steps and the various stages of litigation?
What strategies should companies use particularly during discovery and jury selection?

#Constitutional Law

What are the constitutional limitations on business regulations? Know that the Commerce Clause limits the federal government to regulating interstate and international trade.
How does the Supremacy Clause define the relationship between state and federal regulation of trade?
What individual freedoms under the Bill of Rights give rights to businesses and how are these rights used?
- First Amendment
- Due process (substantive and procedural)
- Equal protection

#Torts and Product Liability

• What is an intentional tort?
• What are the main intentional torts that are likely to arise in a business relationship? (defamation, invasion of privacy, interference with contract, intentional infliction of emotional distress, false imprisonment)
• What are the main elements of these torts and what should managers know to avoid committing the torts?
• What are the different theories under which a product liability claim can be brought?
• Negligence: What are the elements of a negligence claim?
Duty
Breach of duty
Causation and proximate cause (when is one used rather than the other and what is the difference?)
Injury

• Product advertising as a basis for product liability - Express Warranties. What does a plaintiff have to prove?
• What implied warranties are given in product sales? When is each given and how can it be used to bring a claim?
• What does a plaintiff have to show to demonstrate strict tort liability? Who is liable?
• What are the defenses to negligence and strict liability claims? Contributory/comparative negligence, product misuse or alteration and assumption of risk
• Issues such as manufacturing defects, design and failure to warn claims.

Defenses

#Administrative Regulations

• Why is there government regulation?
• What is the Constitutional foundation for regulation?
• What are the constraints on regulatory agencies?
• What is enabling legislation?
• How do agencies operate - executive, legislative and judicial duties/functions?