Updated Project One Speaker Notes

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Project One Speaker Notes Name: Courtney Johnson Student ID: 2745555 Program(s) of Study (Major): Accounting w/conc in Forensic Accounting/Fraud Exam Anticipated Graduation Date: June 2028 Slide #1: The U.S. Legal System and Business Today’s presentation is designed at informing viewers about the fundamental elements of the legal system here in the United States and the impact business operations. Slide #2: What is Business Law?: Business Law comprises binding rules that regulate the conduct of buyers and sellers in market exchanges. These rules and responsibilities of business law are essential for maintaining the stability necessary in a prospering market economy. There are many purposes to business law. Here are a few of them. Business law serves as an alternative to fighting. It establishes a sense of order to ensure one’s dependency on promises or the fulfillment of obligations. It promotes fairness and equity in today's society. Business law functions as a moral compass by defining the basic expectations for businesses and individuals. And lastly, it encourages the belief that change is attainable only upon a thoughtful evaluation of all available choices. The combination of these purposes help serve as reminder of why we are proud to say we are a society governed by laws. Business law is the setting where opposing forces can find a resolution. (Kubasek, 2023) Slide #3: Foundation – The Constitution: The Constitution is the backbone of the legal system in the United States. The Constitution is born from the concept federalism, which is when power is divided between a central governing body and individual political entities. The power to govern is distributed between the federal and state governments. Per the Tenth Amendment to the Constitution, all powers that are not expressly granted to the federal government or withheld from the states are reserved for the states. In addition to distributing power between the federal and state governments, the Constitution allocates power of the federal government among three branches

of government, the legislative, executive, and judicial branches. The Constitution employs a system of checks and balances to guarantee that each branch maintains distinct powers, which helps prevent any single branch from gaining excessive power and monopolizing control of the government. (Kubasek, 2023) Slide #4: Foundation – The Branches: The legislative branch is comprised of congress, consisting of the House of Representatives and the Senate. This is the place where legislation is created. (Kubasek, 2023) The Constitution awards Congress exclusive authority to pass laws and declare war, the ability to approve or reject numerous Presidental appointments, and significant investigative powers. (Whitehouse.gov, n.d.) The House of Representatives consists of 435 elected members who possess the power to impeach federal officials, introduce revenue bills, and elect the President in the event of an Electoral College deadlock. (Whitehouse.gov, n.d.) The Senate, which consists of 100 members holds the complete power to confirm the President’s appointments requiring consent, and to offer advice and consent for the ratification of treaties. Two exceptions exist to this rule though, the House must also grant approvals of appointments to the Vice Presidency and any treaty that involves foreign trade. The Senate has the task of conducting impeachment trials for federal officials forwarded to it by the House. (Whitehouse.gov, n.d.) The Executive branch consists of the President of the United States. The President serves as both head of state and Commander-in-Chief of the armed forces. The President is tasked with executing and upholding the laws created by Congress and the President also is tasked with appointing the leaders of federal agencies, including the Cabinet. The President possesses the power to reject bills that Congress has passed. (Whitehouse.gov, n.d.) In contrast to the legislative and executive branches, which are elected by the people, the President is the one who appoints the Judicial Branch, and the Senate confirms. Article III of the Constitution, outlining the Judicial Branch, grants Congress considerable flexibility in determining the form and organization of the federal judiciary. The number of Supreme Court Justices is determined by Congress. The removal of federal judges can only occur through impeachment by the House of Representatives and conviction from the Senate. Judges and Justices do not have a set term; their service continues until their death, retirement, or conviction by the Senate. This design shields them from the fleeting sentiments of the public which enables them to apply the law solely with a focus on justice, and nothing with electoral or political concerns. (Whitehouse.gov, n.d.) Slide #5: Sources: The creation of law and the locations we consult to identify these laws constitute the origins of business law. There are many sources of these laws and locations but here are three. The initial category, statutes, or statutory law comprises the rules and regulations that are established by legislatures. These legislative enactments are incorporated into the United States Code after

Congress passes them or they are incorporated into the relevant state codes when sanctioned by state legislatures. A great example of sources would be when a business owner is opening a new location, they will need to look for state, county, and city ordinances. These can be anything from zoning and building codes, local taxes, or environmental standards. (Kubasek, 2023) Administrative law is the accumulation of regulations and rulings put out by a plethora of administrative agencies. A perfect example of this source is a restaurant business owner following the rules and decisions of OSHA to create a safe workplace. (Kubasek, 2023) Constitutions is the foundation that governs the United States and the individual states. Constitutional law pertains to the boundaries and authorities of governments, which is outlined within the clauses of their formal Constitutions. In the context of business, these Constitutions are applicable as the primary authority when examining the connections between businesses and the government. An example would be studying how businesses interpret a new law put forth by the government. (Kubasek, 2023) Slide #6: Sources – Commerce Law The commerce law can be located in Article I, Section 8, of the Constitution. The commerce clause grants Congress the power and authority to oversee trade with foreign nations, between the states, and Commerce with the Indian Tribes. This clause strengthens the powers of the federal government while limiting the powers of the state governments. There have been many interpretations of this clause throughout history. Prior to the 1930’s, the courts applied an interpretation to this clause, requiring that the regulated activity must also entail trade between the states. But during the 1930’s the clause had started to have a broader interpretation. The interpretation of this clause had a transformation with the 1937 case NLRB v. Jones & Laughlin Steel Corporation. In this case the court sided with allowing Congress the authority to regulate labor relations within a manufacturing plant, since a halt in work was deemed to have a significant impact on interstate commerce. Since the ruling of this case, Congress has overseen a wide spectrum of business activities under the authority of the Commerce Clause. A couple of legislations that Congress has created since this case are the Federal Mine Safety and Health Act and the American with Disabilities Act. An alternative interpretation of the commerce clause is evident in the 1995 case United States v. Lopez, where the issue at hand was the prohibition of guns in school zones. A third interpretation of the clause is demonstrated in the 2000 case Brozonkala v. Morrison, which revolves around a young woman who was assaulted on a college campus. The last of these three cases aimed to restrict the scope of items subject to regulation under the commerce clause. However, these two cases illustrate that the matter is far from a straightforward, black and white issue. Commerce has a big impact on everyone's life, and the commerce clause allows the government to intervene if necessary. (Kubasek, 2023) At times, the federal government’s power to regulate interstate commerce clashes with the state’s jurisdiction over intrastate commerce. Courts have sought to address this conflict by employing the state’s police power. Police power refers to the residual powers retained by each state to protect the well-being and health of its residents. These may include criminal laws at the state

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level, building codes, zoning regulations, restaurant sanitation standards, and regulations that govern the practice of medicine. Occasionally this can impact interstate commerce, which leads to the creation of the dormant clause. The dormant clause restricts the state’s authority to pass laws that could impact interstate commerce. (Kubasek, 2023) An example of the commerce clause would be what can be carried on airlines or on ships. Today Congress exercises its power to regulate commercial activity in four broad domains associated with the commerce clause. One of these involves overseeing the pathways of interstate commerce. The channels are defined as the routes of transportation that connect the states. Hence, the commerce clause gives Congree the power to oversee activities related to the country’s airways, waterways, and roadways. This even happens when the activity occurs exclusively within a single state. (Nicolet College, n.d.) Slide #7: Courts – Federal Court System The power of the federal court system is derived from Article III, Section 2, of the US Constitution. There exist three levels, federal trial courts, intermediate appellate courts, and the court of last resort. There are 94 districts within the federal trial court. Each district is equipped with a trial court that has general jurisdiction. These courts possess the authority to adjudicate spectrum of cases and can provide a wide range of remedies. Congree has instituted specialized trial courts with limited jurisdiction for specific subject matters. These courts handle cases that range from bankruptcy cases, customs cases, international trade, and more. Nearly every case in the federal system starts the proceedings in one of these courts. The next court level is the intermediate appellate court, which is comprised of 12 circuits, including one for the District of Columbia. These circuits reviews appeal from district courts within its geographic area. A circuit court of appeals at the federal level will also review appeals from governmental administrative agencies. The third court in the system is the court of last resort, which is more commonly known as the U.S. Supreme Court. The United States Supreme Court is made up of nine justices, each serving a lifetime appointment. This court reviews appeals of cases from the court of last resort from the state system. The U.S. Supreme Court will not entertain cases that soley involve questions of state law. on rare occasions, the U.S. Supreme Court can act as a trial court. Bankruptcy cases are a great example of what type of case can be heard in the federal court system. (Kubasek, 2023) Slide #8: Courts – State Court System The structure of the state court system is not uniform because each state has developed its own court system. That being said, most states have a structure that resembles the federal court system. Similarly, this system also consists of three levels, state trial courts, intermediate courts of appeal, and courts of last resorts. Most cases start in the state trial courts. The names of these courts can differ by state, but they are most commonly referred to as courts of common pleas or county courts. Just like in the federal court system, these courts feature specialized courts for

domestic relations, probate, etc. The state trial courts also have limited jurisdiction trial courts. Certain courts are limited in the remedies that they can provide. For instance, small claims courts can only award damages up to a specific amount. Limited jurisdiction trial courts of another kind can only handle specific categories of cases. Probate courts exclusively handle cases concerning the transfer of assets and obligations following an individual’s death. Only half of the state have intermediate courts of appeal. These courts possess an extensive jurisdiction which allows them to consider appeals from both general and limited jurisdiction courts, as well as appeals from state administrative agencies. The designation of these courts varies from state to state, however, the terms commonly used are courts of appeals or superior courts in most states. The last level is referred to as the courts of last resorts. This judicial body may be referred to as either the supreme court or the court of appeals. Cases from the intermediate courts of appeals are elevated to this court through the appeals process. Due to the absence of intermediate appellate courts in half of the states, appeals from trial courts in these states are directly brought to this court. (Kubasek, 2023) Most contract cases serve as an illustration of the kinds of cases that are heard within the state court system. (uscourts.gov) Slide #9: Difference – Civil Law Vs, Criminal Law Civil law defines the implied rights and responsibilities within the relationships among individuals and between individuals and their government. Civil law is either between two individuals or two organizations. When a person's rights are infringed upon, civil law helps identify the remedies available. In civil cases the defendant must be established by a large amount of evidence. When the defendant is found guilty, jail time is not an option. Instead, the victim is awarded some sort of compensation upon the guilty verdict. (Kubasek, 2023) Tort claims, breaches of contract, and landlord/tenant issues represent three types of civil cases. (Price, 2023) Criminal law regulates the situations where an individual or organization engages in conduct that affects the public negatively. These types of cases revolve around an individual accused of a crime and the general public, which is usually the state or federal authorities. There must be no doubt that the defendant is guilty, and they face jail or are required to pay a fine. Certain business practices that fall under criminal law include mail fraud, money laundering, bribery, theft of trade secrets, racketeering, embezzlement, price fixing, and insurance fraud. (Kubasek, 2023) Slide #9: Differences – Alternative Dispute Resolution Alternative dispute resolution, also known as ADR, is a different way to resolve legal problems that doesn’t use litigation. ADR can be faster and cheaper, it’s less confrontational that litigation so it is easier for parties to maintain a business relationship, there is no worry about the uncertainty linked with a jury verdict, a business might not want to establish a precedent with a courts ruling. The many methods of ADR are mediation, negotiation, arbitration, minitrials,

summary jury trials, private trials, and neutral case evaluations. Business primarily use three methods: negotiation, mediation, and arbitration. (Kubasek, 2023) Negotiation involves a bargaining process where conflicting parties engage in informal interaction, with or without legal representation, in an attempt to seek resolution for their dispute. Unlike other methods, this approach differs because it does not involve a third party, such as a judge or jury, which allows the parties to maintain a high degree of autonomy. Prior to the start of negotiations, both parties must establish their objectives, including the desired outcome and the information that is required to attain these objectives. They must determine what concessions they are prepared to make in return for obtaining something from the opposing party. (Kubasek, 2023) Mediation involves an intensive approach where the conflicting parties appoint a neutral third party to facilitate communication and propose solutions for resolving their dispute. Typically, this third party is knowledgeable in the area of the conflict and is there to help and provide some insights. Mediators emphasize to both parties that the objective is not to engage in further conflict or to seek victory but rather it is to achieve a mutual agreement. This approach dedicates considerable attention to the underlying emotional cause and effects of the dispute. Mediators guide the parties in generating alternatives or solutions for the disputed point. Then the mediator will assist in evaluating these options, and, through collaboration, the parties reach a final agreement. (Kubasek, 2023) Arbitration involves resolving a dispute through the intervention by a neutral third party outside the traditional judicial setting. This is the most commonly used method and closely resembles mediation but in a more formalized manner. Arbitration is stipulated in the contract that is signed by both parties when they initially enter into a business arrangement. It might specify the criteria for an arbitrator selection and the procedures for conducting the hearing. To initiate the arbitration process, one party is required to send a written demand, outlining the involved parties, what the issue is that is being disputed, and the desired relief. The opposing party must subsequently reply with a written acknowledgement or disagreement. (Kubasek, 2023) Slide #10: Conclusion All business owners should possess a fundamental grasp of the legal system here in the United States as it contributes to ensuring the secure, healthy, and efficient operation of businesses. It will help give owners and leaders an understanding of the consequences of illegal business activities. It provides owners and leaders with a framework on how to operate a business so there are minimal mistakes. And lastly, it makes sure that employers and employees understand their roles and way to handle situations.

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References  Nancy Kubasek, M. Neil Browne, Lucien J. Dhooge, Daniel Herron, Linda Barkacs. (2023). Dynamic Business Law. McGraw-Hill LLC. Retrieved from https ://prod.reader- ui.prod.mheducation.com/epub/sn_8133c/data-uuid-3d5a722fb4b64878967e3871e3e2b8a9#data-uuid- 059977aeab3d4a9ebc1123cabe581550  Author Unknown. (Date Unknown). The Legislative Branch. https://www.whitehouse.gov/about-the- white-house/our-government/the-legislative-branch/  Author Unknown. (Date Unknown). The Executive Branch. https://www.whitehouse.gov/about-the- white-house/our-government/the-executive-branch/  Author Unknown. (Date Unknown). The Judicial Branch. https://www.whitehouse.gov/about-the-white- house/our-government/the-judicial-branch/  Author Unknown. (Date Unknown.). Commerce Clause. https://nicoletcollege.pressbooks.pub/businesslaw/chapter/commerce-clause/#:~:text=Thus%2C %20the%20commerce%20clause%20authorizes,on%20airlines%20or%20on%20ships .  Chantraale Price. (February 8th, 2022). What is a Civil Case?. https://study.com/learn/lesson/civil-case-types-examples-civil court.html#:~:text=The %20three%20most%20common%20civil,their%20property%2C%20and%20financial%20security .

Updated Project One Speaker Notes

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