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.