Business Law Types of Laws Business Management & Administration Lesson Plan
Performance Objective Upon completion of this lesson, the student will be able to identify sources of law and contrast the different types of laws. Specific Objective  Students will identify the four sources of law.  Students will discuss how conflicts between laws are resolved.  Students will compare and contrast criminal and civil law, and substantive and procedural law. Terms  Constitution ‐ document that sets forth the framework of a government and its relationship to the people it governs.  Statutes ‐ laws enacted by state or federal legislatures.  Ordinances ‐ pieces of legislation created by a town or city council or by a county board or commission.  Case law ‐ made when an appellate court endorses a rule to be used in deciding court cases.  Stare decisis ‐ doctrine that requires lower courts to follow existing case law in deciding similar cases.  Administrative agencies ‐ governmental bodies formed to carry out particular laws.  Civil law ‐ group of laws used to provide remedy for wrongs against individuals.  Criminal law ‐ group of laws that defines and sets punishments for offenses against society.  Crime ‐ an offense against society.  Procedural law ‐ group of laws that define the methods for enforcing legal rights and duties.  Substantive law ‐ group of laws that define rights and duties. Time When taught as written, this lesson should take approximately 2‐3 days to teach. Preparation TEKS Correlations: This lesson, as published, correlates to the following TEKS. Any changes/alterations to the activities may result in the elimination of any or all of the TEKS listed. 130.117. (c) Knowledge and Skills (1) The student identifies the principles of contracts in business. The student is expected to: (A) identify the concepts of civil and criminal law (B) explain the different categories and types of courts and traditional court procedures (C) differentiate between business torts and crimes (D) comprehend the rationale for government regulations of business activities Lesson Plan
Preparation
Copyright © Texas Education Agency, 2013. All rights reserved. 1 Interdisciplinary Correlations: College Readiness and Study Skills  110.48(b)(2)(A). The student is expected to expand vocabulary through wide reading, viewing, listening, and discussion.  110.48(b)(2)(F). The student is expected to use context to determine meanings of words and phrases such as figurative language, idiomatic expressions, homonyms, and technical vocabulary.  110.54(b)(4)(D). The student is expected to summarize texts by identifying main ideas and relevant details.  110.47(b)(7)(A). The student is expected to read silently or orally such as paired reading or literature circles for sustained periods of time. Economics 118.4(c)(17)(A). The student understands the role of financial markets/institutions in saving, borrowing, and capital formation. The student is expected to explain the functions of financial institutions and how they affect households and businesses. Occupational Correlation (O*Net – www.onetonline.org/): Job Title: Judicial Law Clerks O*Net Number: 23‐1012.00 Reported Job Titles: Purchasing Manager, Materials Manager, Director of Purchasing, Commodity Manager Tasks: Draft or proofread judicial opinions, decisions, or citations. Keep abreast of changes in the law and inform judges when cases are affected by such changes. Prepare briefs, legal memoranda, or statements of issues involved in cases, including appropriate suggestions or recommendations. Research laws, court decisions, documents, opinions, briefs, or other information related to cases before the court. Soft Skills: Reading Comprehension, Active Listening, Critical Thinking, Judgment and Decision Making Accommodations for Learning Differences It is important that lessons accommodate the needs of every learner. These lessons may be modified to accommodate your students with learning differences by referring to the files found on the Special Populations page of this website. Preparation  Ask students to make a list of rules the school enforces. Make a second list of rule they are expected to follow at home. Discuss how each of these lists of rules affects their lives. Ask students which rules they would change, why and how the change would affect them and their family or school.  Ask students to conduct research to learn about one existing city ordinance. Each student will share their ordinance with the class. References  Local newspapers  Television Network Newscasts and the Internet Copyright © Texas Education Agency, 2013. All rights reserved. 2  State of Utah Business Law Curriculum: http://schools.utah.gov/cte/business_resources_law.html Instructional Aids  “UCC Presentation”  Internet  “UCC Presentation” Assignment  Rubric for the “UCC Presentation” Assignment  “Civil vs. Criminal Law Poster” Assignment  Rubric for the “Civil vs. Criminal Law Poster” Assignment Materials Needed:  Construction paper  Scissors and glue  Poster board Equipment Needed:  Computers for students to complete projects  Projector for presentation Introduction Divide the class into four groups. Each group must give an oral presentation about one type of law (constitutional, statutory, case, and administrative). SPUD‐ Split the class into four teams. Each team must have a member draw a term from the hat (Constitutions, Statutes, Case Law, and Administrative Law). The individual who draws the word from the hat must pronounce the term correctly. Then a second member of the team must spell the term correctly. A third member of the team must give the definition of the term and a fourth member of the team must use the term correctly in a sentence. Introduction
Copyright © Texas Education Agency, 2013. All rights reserved. 3 Outline Outline
Instructors can use the presentation, slides, handouts, current events, the Internet, and note pages in conjunction with the following outline. MI Outline
Instructor Notes
Sources of the Law Assign each student in the class a A. Constitution ‐ document that sets section of the U.S. Constitution. I
forth the framework of a government Take five minutes of class each and its relationship to the people it day to allow students to tell governs about their section of the 1. highest source of law Constitution. 2. Federal Constitution ‐ supreme law of the land Ask students to write three 3. All federal, state, and local laws paragraphs that explain the cannot conflict with the federal responsibilities of the executive, Constitution legislative, and judicial branches B. Allocation of Power of government 1. federal Constitution allocates powers between people and their governments‐Bill of Rights (first Ask students to define one state ten amendments to the statute, one city ordinance, and Constitution) one administrative government 2. Allocation of Power Between agency. Each student will report Federal and State Governments their information to the class. a. intrastate commerce is regulated by the state Discuss the Bill of Rights in class b. Constitution gives the federal and then ask students which of government power to regulate the Amendments are interstate commerce controversial today. Conduct a C. Allocation of Power Among the class discussion about what the Branches of Government founding fathers of our country 1. executive, legislative, and judicial really meant with the Bill of 2. U.S. Constitution gives the federal Rights. courts the authority to determine which laws passed by Congress are constitutional 3. U.S. Constitution gives Congress the power to ordain and establish the courts in the first place Copyright © Texas Education Agency, 2013. All rights reserved. 4 II. Legal Regulation A. Statutes ‐ laws enacted by state or Write Civil and Criminal Law federal legislatures B. Ordinances ‐ legislation enacted by a on the board in a two column town, city, or county board or commission table. Ask students to also C. Case law ‐ made when an appellate court endorses a rule to be used in draw the table on their paper, deciding court cases D. Stare decisis ‐ doctrine that requires write the definitions for each lower courts to follow existing case law in deciding similar cases category, and then share real E. Administrative Agencies ‐ governmental bodies formed to carry examples of cases for each out particular laws 1. Social Security Administration category (current events) 2. State Division of Motor Vehicles 3. County Zoning Commission F. Constitutions and Validity 1.constitutions are the highest sources of law 2. federal Constitution is “the supreme law of the land” G. Statutes and Validity‐Statutes must be constitutional to be valid H. Case Law and Validity 1. when a court holds a statute invalid is not always the end of the issue 2. legislative body has the power to nullify a court’s interpretation of a statute or ordinance by rewriting the statute Copyright © Texas Education Agency, 2013. All rights reserved. 5 III. Main Types of Laws A. Civil Law ‐ group of laws used to provide remedy for wrongs against individuals B. Criminal Law ‐ group of laws that defines and sets punishments for offenses against society C. Procedural Law ‐ group of laws that define the methods for enforcing legal rights and duties D. Substantive Law ‐ group of laws that define rights and duties E. Business Law ‐ group of laws that governs business situations and transactions F. Uniform Business Laws (Uniform Commercial Code ‐ widely adopted uniform business law Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Ask students to use the Internet to learn more about Substantive Law. Then have a class discussion about rights and duties of citizens. Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2013. All rights reserved. 6 Visual/Spatial Application Guided Practice Using the lesson presentation, the teacher will explain the sources of law, the difference between civil and criminal laws, and the Uniform Commercial Code (UCC). Split the class into teams with two students. Each team must use the Internet and local news to get more details about a current civil case and criminal case. Each team will report their findings to class and explain why each case is categorized as civil or criminal. Independent Practice  UCC Assignment: Introduce students to the Uniform Commercial Code. Tell students that the UCC is a set of laws that is formulated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. These independent groups review state laws in various areas for clarity and application. They then formulate a model statute and recommend it to the states for adoption. The different areas of coverage are: Article 1: General Provisions, Article 2: Sales and Leases, Article 3: Negotiable Instruments, Article 4: Bank Deposits and Funds Transfers, Article 4: Letters of Credit, Article 6: Bulk Transfers and Bulk Sales, Article 7: Warehouse Receipts, Bills of Lading and Other Documents of Title, Article 8: Investment Securities, and Article 9: Secured Transactions. Your team must create a statute for one of the nine articles and prepare a presentation to explain the rationale for the statute. The presentation must also explain the UCC and the Article involving your proposed statute.  Civil vs. Criminal Law Poster: Design a poster that defines “civil” and “criminal” cases and use illustrations (pictures) to illustrate situations that involve civil and criminal law. Summary Review Q: What are the four sources of law? A: The four sources are constitutions, statutes, case law, and administrative law. Q: Which source of law in the United States is the highest authority? A: The U.S. Constitution is the highest source of law in the country. Q: Explain the differences between civil and criminal law. A: Civil law deals with wrongs against individuals and criminal law deals with offenses against society. Q: Explain the difference between substantive and procedural law. A: Substantive law defines legal rights and duties, and procedural law deals with methods of exercising and enforcing legal rights and duties. BILL OF RIGHTS Student teams design a “Bill of Rights” poster that lists the ten amendments to the Constitution and gives an example for each amendment. Copyright © Texas Education Agency, 2013. All rights reserved. 7 Summary
Review
Evaluation Informal Assessment  Instructor will observe students during Independent Practice.  Instructor will assist students as needed. Formal Assessment Use the assigned rubric to evaluate the projects assigned for Independent Practice Enrichment Extension Use the assigned rubrics to evaluate the projects assigned for Independent Practice. Evaluation
Enrichment
Copyright © Texas Education Agency, 2013. All rights reserved. 8 Business Law – Types of Laws Independent Practice Assignment #1 UCC Presentation Assignment Student Name: ________________________________________ The UCC is a set of laws that is formulated by the American Law Institute and the national Conference of Commissioners on Uniform State Laws. These independent groups review state laws in various areas for clarity and application. They then formulate a model statute and recommend it to the states for adoption. The different areas of coverage are: Article 1: General Provisions, Article 2: Sales and Leases, Article 3: Negotiable Instruments, Article 4: Bank Deposits and Funds Transfers, Article 4: Letters of Credit, Article 6: Bulk Transfers and Bulk Sales, Article 7: Warehouse Receipts, Bills of Lading and Other Documents of Title, Article 8: Investment Securities, and Article 9: Secured Transactions. Your team must create a statute for one of the nine articles and prepare a presentation to explain the rationale for the statute. The presentation must also explain the UCC and the Article involving your proposed statute. Copyright © Texas Education Agency, 2013. All rights reserved. 9 Multimedia Project: UCC Presentation Assignment Types of Laws ‐ Independent Practice Assignment #1 Rubric Student Name: ________________________________________ CATEGORY Presentation 20 Well‐rehearsed with smooth delivery that holds audience attention. Sources Source information collected for all graphics, facts and quotes. All documented in desired format. 15 Rehearsed with fairly smooth delivery that holds audience attention most of the time. Source information collected for all graphics, facts and quotes. Most documented in desired format. Attractiveness Makes excellent use of font, color, graphics, effects, etc., to enhance the presentation. Makes good use of font, color, graphics, effects, etc., to enhance to presentation. Content Covers topic in‐
depth with details and examples. Subject knowledge is excellent. Originality Product shows a large amount of original thought. Ideas are creative and inventive. Includes essential knowledge about the topic. Subject knowledge appears to be good. Product shows some original thought. Work shows new ideas and insights. 10 Delivery not smooth, but able to maintain interest of the audience most of the time. Source information collected for graphics, facts and quotes, but not documented in desired format. Makes use of font, color, graphics, effects, etc., but occasionally these detract from the presentation content. Includes essential information about the topic but there are 1‐2 factual errors. 5 or less Delivery not smooth and audience attention often lost. Uses other people's ideas (giving them credit), but there is little evidence of original thinking. Uses other people's ideas, but does not give them credit. Very little or no source information was collected. Use of font, color, graphics, effects etc. ,but these often distract from the presentation content. Content is minimal or there are several factual errors. Total Score___________ Maximum 100 Points Copyright © Texas Education Agency, 2013. All rights reserved. 10 Business Law – Types of Law Independent Practice Assignment #2 Civil vs. Criminal Law Poster Assignment Student Name: ________________________________________ Design a poster that defines “civil” and “criminal” cases and uses illustrations (pictures) to illustrate situations that involve civil and criminal law. Your poster must include definitions and illustrate concrete examples for each type of case. The poster needs a minimum of 7 accurate facts Copyright © Texas Education Agency, 2013. All rights reserved. 11 Making A Poster: Civil vs. Criminal Law Poster Types of Laws – Independent Practice Assignment #2 Rubric Student Name: ________________________________________ CATEGORY 20 Graphics ‐Clarity Graphics are all in focus and the content easily viewed and identified from 6 ft. away. Use of Class Time Used time well during each class period. Focused on getting the project done. Never distracted others. Attractiveness The poster is exceptionally attractive in terms of design, layout, and neatness. Student can accurately answer all questions related to facts in the poster and processes used to create the poster. At least 7 accurate facts are displayed on the poster. Knowledge Gained Content ‐ Accuracy 15 Most graphics are in focus and the content easily viewed and identified from 6 ft. away. Used time well during each class period. Usually focused on getting the project done and never distracted others. The poster is attractive in terms of design, layout and neatness. 10 Most graphics are in focus and the content is easily viewed and identified from 4 ft. away. Used some of the time well during each class period. There was some focus on getting the project done but occasionally distracted others. The poster is acceptably attractive though it may be a bit messy. 5 Many graphics are not clear or are too small. Did not use class time to focus on the project or often distracted others. The poster is distractingly messy or very poorly designed. It is not attractive. Student appears Student can Student can to have accurately accurately insufficient answer most answer about questions related 75% of questions knowledge about to facts in the related to facts in the facts or poster and the poster and processes used in processes used to processes used to the poster. create the poster. create the poster. 5‐6 accurate facts 3‐4 accurate facts Less than 3 are displayed on are displayed on accurate facts are the poster. the poster. displayed on the poster. Total Score __________ Maximum 100 Points Copyright © Texas Education Agency, 2013. All rights reserved. 12