Business Law 1

Moussa Diallo

The Legal Heritage

and the Digital Age
1: what is Law?
Law is a set of legal rules that governs the way members
of a society act toward one another.
Laws are required in society to regulate the behavior of
the individual, to correspond what is acceptable to the
majority of individuals.
Without law, life and business would become a matter of
survival, not only of the fittest but of the ruthless.

Branches of Law

Constitutional Law
Administrative law
Criminal Laws
Civil Laws
Mercantile Laws

Courts and Jurisdiction

State court system

Limited-Jurisdiction Trial Court
General-Jurisdiction Trial Court
Intermediate Appellate Court
Highest State Court
Contemporary Environment: Delaware Courts (Business
disputes)

Federal Court System

Special Federal Courts
U.S. District Courts
U.S. Court of Appeal
Supreme Court of the United States
Contemporary Environment: Choosing a U.S. Supreme Court
System
Jurisdiction of the U.S. Supreme Court
Decision by the U.S. Supreme Court

Judicial, Alternative, and E-Dispute

Resolution
Pre trial Litigation Process

Pleadings
Discovery
Pretrial motion
Settlement conference
Alternative Dispute Resolution
E-Dispute Resolution

International Torts and

Negligence

Intentional Torts
Unintentional Torts (Negligence)
Special Negligence Doctrines
Strict Liability

Products and Strict Liability

Product Liability

Negligence
Misrepresentation
Strict Liability

Intellectual Property and Cyber

Property

Trade Secret
Patents (I-20yrs/D-14yrs)
Copy Rights (life time + I-70yrs/ B-95yrs)
Trademarks (10yrs/renew)

Criminal Law
What is a Crime?

Criminal Procedure

A crime is an act in violation of the duties that ones owes to

society, for which he/she must be punish/fined.

Classification of Crimes

Violations

Arraignment
Plea Bargaining

Bail Bond

Indictment or Information

Felonies

Misdemeanors

Arrest

Criminal Trial

Cyber Crimes

Crime that happens Online

Consideration and Promissory

Estoppel
Consideration is something of value given in exchange
for a promise (tangible or intangible).
Considerations must have something of legal value be
given. The consideration must be also a bargained for
exchange, instead of a gratuitous promise.
Promissory Estoppel: Protects people from the injustice
of the promisor revoking their promise.

Capacity and Legality

The Law presumes that people have the requisite capacity

to enter into a contract, but acknowledges that certain

persons may lack capacity.
Minor
Infancy Doctrine
Disaffirmance
Mentally Incompetent persons (legal Insanity)
Intoxicated Persons