Reference no: EM133194510

Introduction to Law

LO1: What is the law?
LO2: Where does our law come from?
LO3: What is a rule of law?
LO4: How is the law relevant to business?
LO5: How does the study of the legal environment of business create a foundation for future business courses?

Part 1

Question 1. Read "The Case of the Speluncean Explorers" at this link. Identity the justice's opinion with which you most closely agree. Name the different theories of jurisprudence used by each justice in reaching his or her opinion.

Question 2. What are some examples of natural law in our legal system or system of governance?

Question 3. Is it more important for you to follow the letter of the law or to follow the spirit of the law? In what circumstance would you believe the opposite to be true?

Question 4. Can you think of any examples of law in which the threat of force or power is not needed?

Question 5. Do you believe that morals are a part of our law, or do you believe that morality and law are separate concepts?

Part 2

Question 1. Identify an action that would violate social norms but would not violate any laws. Can you identify any violations of law that would not violate any social norms?
Question 2. What are three specific powers of Congress? What are three specific powers of the executive branch? Do you think that the powers of the judicial branch are well defined? Why or why not?
Question 3. What areas of law have been reserved to the states to regulate? How do you know?
Question 4. Identify a bill in either the House of Representatives or the U.S. Senate. What stage(s) of the bill process has it passed through? To be passed into law, what stages must it still pass through?
Question 5. Which three federal administrative agencies affect you or your family the most? Why?

Part 3
Question 1. View the Code of Hammurabi Scroll down slightly until you see the subheading "Code of Laws." Find three laws that you believe are similar to laws that we have in the United States.
Question 2. Given the long history of rule of law systems, why hasn't any rule of law system been developed that resolves all problems? Name three social problems that our rule of law system does not address, or does not address adequately.
Question 3. Are the Ten Commandments a rule of law system? How many of the Ten Commandments are illegal in your state today?
Question 4. What problems would exist without a rule of law?
Question 5. How does the rule of law affect business?

Part 4
Question 1. Have you ever played a game in which you did not know all the rules? Have you ever tried to speak a language in which you weren't fluent? What was the outcome?
Question 2. What incentive or motivation would exist to work for your employer if you were not certain that you would be paid for your efforts and your time? What incentive would you have to invent something new, create a work of art, or write a book if you had no legal expectation that you would be able to protect your creation?
Question 3. Imagine that you are an entrepreneur. What type of business would you open? Would you know what types of permits were required to conduct your business and which government entities had jurisdiction over your business? If not, how could you find out?
Question 4. What would business be like in a land without any rule of law system? Be specific.

Part 5

Question 1. Which business discipline is your favorite? Find a newspaper article that illustrates a legal problem pertaining to that discipline that could have been avoided with a better understanding of the legal environment of business.
Question 2. How can employers use knowledge of the legal environment of business to minimize liability exposure? Identify three concrete ideas.
Question 3. How can employers stay current with the legal environment of business? For example, how would other employers in Oregon find out about the case of the off-duty, off-premises worker mentioned in this section? If you were an employer in Oregon, how might this case change your business practices?
Question 4. Do you think that if employers train their employees how to behave on the job, those employers should be absolved from legal liability resulting from employees' actions? For example, imagine that an employer provides training to its employees regarding how to avoid sexual harassment in the workplace, but an employee ignores the training and sexually harasses a colleague. Should the employer bear liability in that situation? Why or why not?