Business Law

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Business Law
8th Grade
Standards:
MSBCS-BCSIII-9- The students will examine basics of business law.
a) Identify sources of business law.
b) Understand the different classifications of business law.
c) Distinguish between civil and criminal law.
d) Identify different areas of civil law that impact business (ie., tort, contract, property law).
e) Differentiate among types of business crimes. (ie., arson, forgery, embezzlement, computer crimes).
f) Understand the applicability of business law from the standpoint of citizens, workers (includes
business owners) and consumers in their communities and in society at large (ref. National Standards
of NBEA, pg. 10).
g) Introduce to OSHA state and federal regulatory guidance.
h) Create a safety manual
i) Equal pay act
j) Describe their individual code of ethics using word processing application.
MSCM8-3- Students will examine and demonstrate an understanding of employability skills to
enhance career success.
a) Explain and summarize the state and federal child labor laws.
Essential Questions:
What is the difference between civil and criminal law?
What are the different areas of Business law and what is their definition?
What is the difference between a felony and a misdemeanor?
Directions:
Type the term and definitions in a table in Microsoft Word.
Term
Law
Civil Law
Criminal Law
Litigation
Plaintiff
Defendant
Dispute
Definition
Rule of conduct enforced by controlling authority; provides order,
stability, and justice.
Non-governmental corporation or individual files the lawsuit and
becomes the plaintiff; burden of proof on the plaintiff. A defendant in
civil litigation is never incarcerated and never executed. In general, a
losing defendant in civil litigation only reimburses the plaintiff for losses
caused by the defendant's behavior.
Litigation filed by the government (prosecution); burden of proof on the
state (government). In criminal law, a guilty defendant is punished by
either (1) incarceration in a jail or prison, (2) fine paid to the
government, or, in exceptional cases, (3) execution of the defendant: the
death penalty.
Lawsuit; legal contest
A person who begins a lawsuit; complaining party.
A person required to answer legal action or lawsuit.
Conflict between 2 or more parties.
Ethical
Crime
Felony
Misdemeanor
Contract
Conducting yourself in accordance with the rules or standards for right
conduct or practice.
Committed or omitted act in violation of law; case decision relies on
definitions within law.
Serious crime for which punishment can be more than one year in prison
or death
Crime for which punishment is one year or less in jail and/or a fine.
Battery
A binding agreement between parties that creates legally enforceable
duties or obligations.
A civil injury or wrong to someone else, or their property. A tort is an
act that injures someone in some way, and for which the injured person
may sue the wrongdoer for damages.
Intentional, unprivileged touching of a person by another
Assault
Intentional, unlawful threat to cause bodily injury to another by force.
Negligence
Conduct that failed to use degree of care necessary for circumstances.
Copyright
A form of protection provided by U.S. laws to the authors of “original
works of authorship,” including literary, dramatic, musical, artistic, and
certain other intellectual works.
A word, name, device, symbol, or combination used by a manufacturer
or seller to distinguish product from another’s.
Grant entitling the patentee to prevent others from making, using, or
selling the particular inventions, generally for a period of 20 years.
Restraining the movement of another person.
Tort
Trademark
Patent
False imprisonment
Invasion of privacy
Slander
Libel
Burden of proof:
Appeal:
Definition:
Private information that is made public that is objectionable by that
person.
Spoken defamation of character of a person, business, or group, causing
the entity to lose esteem of community
Written false and malicious defamation printed for the purpose of
harming an entity.
Civil Law
"Preponderance of
evidence" Burden of
proof is initially on the
plaintiff and then
switches to the
defendants.
Only defendant can
appeal.
Civil law deals with
the disputes between
Criminal Law
"Beyond a reasonable
doubt": Burden of
proof is always on the
state/government.
Either party can
appeal.
Criminal law (also
known as penal law) is
Type of
punishment:
Case filed:
Examples:
individuals,
organizations, or
between the two, in
which compensation is
awarded to the victim.
A defendant in civil
litigation is never
incarcerated and never
executed. Losing
defendant in civil
litigation only
reimburses the
plaintiff for losses
caused by the
defendant’s behavior.
Either party (plaintiff
or defendant) can be
found at fault.
By private party.
Landlord/tenant
disputes, divorce
proceedings, child
custody proceedings,
property disputes (real
estate or material), etc.
the body of statutory
and common law that
deals with crime and
the legal punishment
of criminal offenses.
A guilty defendant is
punished by either
incarceration in a jail
or fine paid to the
government, or, in
exceptional cases, the
death penalty. Crimes
are divided into two
broad classes: Felonies
and Misdemeanors.
Defendant can be
found guilty or not.
By government.
Theft (by deception or
unlawful taking),
assault, robbery,
wanton endangerment,
trafficking in
controlled substances,
alcohol intoxication,
etc.
Directions: Answer the following questions using the terms and definitions in the table above.
1. What is the difference between civil and criminal law?
2. What is the difference between a felony and a misdemeanor?
3. List two examples of a civil violation.
4. List two examples of criminal law.
5. Make a bulleted list of the following terms. Use your “synonyms” and type another word that
has the same meaning as the following words:
 Example: Libel- defamation
 Slander
 Patent
 Trademark
 Copyright
 Negligence
 Assault
 Contract
 Misdemeanor
 Felony
 Crime




Ethical
Dispute
Litigation
Law
Equal Pay Act
Go to the following website:
http://www.dol.gov/equalpay/
Directions: Write and answer the following questions using the website above to locate the answers.
Equal Pay Act
Answer
Question
Who signed the Equal Pay Act into law?
What year was this act signed?
When the Equal Pay Act was signed into law,
women were making an average of what amount
of money compared to men?
Today women earn about what amount of money
compared to men?
On ______________ we rededicate ourselves to
carrying forward the fight for true economic
equality for all.
Read the Secretary's statement on National Equal Pay Day
In her words, what does Equal Pay Day reflect on?
What percent of women make up today’s
workforce?
What percent of women work full time?
Pay equity is not simply a question of fairness; it is an ________________ with serious implications
not just for women, but for their families, their communities and our nation.
"Closing the pay gap requires closing the information gap. For more than __________ years, our
________________ has been instrumental in this important effort for women.”
"Additionally, for more than _____ years now, our Office of ______________________ Programs has
been building a strong record of identifying and eliminating gender-based discrimination for federal
contractors. Last year, this office successfully resolved __________ cases of employment
discrimination affecting women and minorities, resulting in more than ________ million in remedies
for victims of discrimination.
Click on the following:
A Guide to Women's Equal Pay Rights
Directions:
Create an Information Flyer about Women’s Equal Pay Rights in Microsoft Word. Include pertinent
information you think is needed in your flyer.
Download