Torts and Cyber Torts

A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest. Doing business today involves risks, both legal and financial. There are intentional and unintentional (negligence) torts. Intentional Torts against Persons and Business Relationships The person committing the tort, the Tort feasor or Defendant must intend to commit the...

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Constitutional Authority to Regulate Business

History of Constitutional Authority to Regulate Business Before the Revolutionary War, States wanted a confederation with weak national government and very limited powers. After the war, in 1787, the States voted to amend Articles of Confederation and create a new, federal government that shared power with States. Constitutional Powers of Government Constitution established a federal form...

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Court Procedures (Stages of Litigation)

American and English court systems follow the adversarial system of justice. Each client is represented by an attorney although a client is allowed to represent herself (called “pro-se”). The American Court system follows procedural rules that ensure due process. Procedural Rules Court systems developed around the common law concept of “due process” which requires adequate notice and a fair and...

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Courts and Alternative Dispute Resolution

The Judiciary’s Role In American Government Judicial Review was established by the U.S. Supreme Court in Marbury v. Madison (1803) where Chief Justice Marshall wrote It is emphatically the province and duty of the judiciary to say what the law is Basic Judicial Requirements Jurisdiction: “Juris” (law) “diction” (to speak) is the power of a court to hear a dispute and to “speak the law” into...

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Introduction to Law and Legal Reasoning

Schools of Jurisprudential Thought Natural Law view. Positivist view. Historical view. Legal Realism view. Natural Law School Assumes that law, rights and ethics are based on universal moral principles inherent in nature discoverable through the human reason. The Declaration assumes natural law, or what Jefferson called “the Laws of Nature. The oldest view of jurisprudence dating back to...

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