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Areas of the Law that May Affect Business
Decision Making

2
 POLL Agree/
neutral/
Disagree

1.A system of laws is essential in a democratic society.

2.The American legal system is one of the best in the world.
3.The Vietnam legal system is deeply flawed and needs major reforms.
4.The Vietnam legal system makes no sense.
5.Lawyers are among the most dishonest people in the United States.
6.Lawyers are paid too much.
7.The legal system often abuses large corporations.
8.Other nations do a better job than the United States of resolving
disputes.
9.The typical business executive has more integrity than the average
lawyer.
10.There is no real value in learning about law unless you are going to
law school.
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Four main types of legal system

4
Legal systems around the world

http://www.juriglobe.ca/eng/index.php
http://www.juriglobe.ca/eng/rep-geo/cartes/monde.php

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http://www.juriglobe.ca/eng/rep-geo/cartes/europe.php

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 What is Law?
• Consists of rules that regulate conduct of individuals,
businesses, and other organizations in society
• Intended to protect people and their property from
unwanted interference from others
• Forbids individuals from engaging in certain undesirable
activities

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 Definition of Law

• Body of rules of action or conduct prescribed by

controlling authority and having binding legal
force
– To be obeyed and followed by citizens, subject to
sanctions or legal consequences

8
 Business law

• Contract law
• Property rights
• Workers’ health and safety
• Product safety
• Workers’ rights
• Human rights

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 Functions of the Law
• Keeping the peace
• Shaping moral standards
• Promoting social justice
• Maintaining the status quo (existing state of things)
• Facilitating orderly change
• Facilitating planning
• Providing a basis for compromise
• Maximizing individual freedom

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Law is powerful
• Affects all people, from CEO’s to children
• Affects most of life, from work to leisure

Law is important
 But which is more important -- written law or
the people who enforce it?

Law is fascinating
 Complex, but never just theoretical
 Televised trials often draw a large audience

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 Origin of States and law
1. Origin of States

Primitive community/ classless society

Class society State

3 times of specializations

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 What is a state?
• Special political organization

• Protect the rights and interests of the

ruling classes

• Maintain the stability of the society

• Have enforcement power

 Essence of a state

• Class- conscious face

• Social face

copyright by Law Department, FTU, 2011 14

On Tuesday, U.S. District Court Judge Derrick Watson blocked
President Donald Trump’s latest attempt at a travel ban, claiming
the ban doesn’t hold water under federal immigration law.
Sources: https://www.inverse.com/article/37483-who-is-derrick-watson-the-federal-judge-trump-
travel-ban

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 Separation/concentration
of powers

Legislative Executive Judicial

power power power

Power to make Power to Power to

law administer the interpret the
law law
Origins of USA Law -- Many Sources
 Inherited much from British law.
 Founding Fathers created a multi-level
government which guaranteed citizens’ rights.
 Accumulation of precedent in legal cases
makes up the common law.
 Statutes are passed by legislative body.
 Substantive rules state parties’ rights.
 Procedural rules determine how courts should
settle disputes.

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 Sources of USA Law Today
 United States Constitution -- Law of the Land
• Establishes Congress, the Presidency and Courts
• Gives to states powers not given to Federal gov’t
• Guarantees basic rights to all citizens
 State Constitutions
• Create state executive, legislative & judicial systems
 Statutes -- passed by federal & state gov’t
 Common Law -- established by precedent, or
earlier cases decided by courts
 Administrative Law -- created by agencies
 Other – treaties and executive orders

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 Cases of “First Impression”

In cases of “first impression” where there is

no precedent, the court may refer to
positive law, public policy, and widely held
social values in order to craft the best new
precedent.

21 21
 Classifications of Law
Criminal Law vs. Civil Law
 Dangerous behavior  Regulates rights and
outlawed by society duties of parties
 Government  Victim, not govern-
prosecutes accused ment brings suit
 Guilt is determined  Guilt not determined
 Punishment or fine  Compensation is
is imposed ordered

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 Classifications of Law (cont’d)
Substantive Law vs. Procedural Law
 Defines the rights of  Establishes
the people processes for settling
disputes

Public Law vs. Private Law

 Sets the duties of  Regulates duties
government to its between individuals
citizens

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 Classification of law

Constitutional Law
Public Criminal Law
Law Administrative Law
Substantive
Law

Private Labor Law

Law Law Commercial Law
Civil Law
Civil Family Law
Procedural Procedure Law Banking Law
Law
Criminal
Procedure Law
 §Cyberlaw
• Cyberlaw is an emerging body of law that
applies to transactions on the internet.
• Generally, it consists of traditional legal
principles as applied to the web.
• Electronic commerce and contracting is
becoming a more accepted way of doing
business in the global economy.

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Sources of law in Vietnam

• Constitution
• Laws
• Subordinate (delegated/ secondary) legislation
• Case law
 Hierarchy of legal documents in Vietnam
Application of legal
docs
 Law and Morality

Actions may beinlegal,

Owning slaves but America
Colonial immoral was
to some
legal, but
people.
this violates most people’s moral standards today.

Actions may be required by both

Drunk driving is both immoral and illegal.
moral standards and the law.
LAW

Helping
Actions amay
hurtbe
person
moral,isbut
required by moral
not required by law.
standards, but is not mandated by the law.
MORALITY

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Jurisprudence, or “What is Law?”
Legal “Law is what the sovereign says it is.”
Positivism Decisions stand, regardless of morality.

“An unjust law is no law at all and

Natural Law need not be obeyed.”
Laws must have a good moral basis.

“Enforcement of the law is more

important than the law itself.”
Legal Realism
Enforcers determine if the law is
applied in a fair and consistent way.

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 Case study
Misha, Gretchen, and Sam were stranded on a
mountainside after their plane went down in a snow storm.
They had no means of radio communication and virtually
no food or other supplies. After 18 days, Misha and
Gretchen killed Sam, the weakest survivor. Misha and
Gretchen ate Sam. This allowed them to survive until they
were rescued. After they were rescued, they were charged
with premeditated first-degree murder under the relevant
state statute. Discuss the three schools of jurisprudence
and how each would influence a finding of guilt or
innocence for the two charged.

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PLAINTIFF:
the party
Case Analysis
who is suing
QUIGLEY v. FIRST Facts: Gayle Quigley and James Wantland
DEFENDANT: CHURCH OF CHRIST, had divorced. They had joint custody of
FACTS:
the party SCIENTIST their 12-year-old son, Andrew, who lived
background
being sued with his father. James was a member of the
65 Cal. App. 4th 1027, 76 Cal. information on
Rptr. 2d 792, 1998 Cal. App. Christian Science church, a religion that
the case
LEGAL LEXIS 677 regards disease as an “error of the mind”
CITATION: where and discourages the use of traditional
California Court of Appeal, 1998 ISSUE: the
to find the case medicine. Members of the faith…
question being
in a law library
decided
Issue: Did the defendants have a duty to
Where and when
the case was summon medical help for Andrew?
decided. Excerpts from Judge Bedsworth’s
Decision: [The judge began by
EXERPTS:
mentioning an earlier California case,the
in
which the state’s highestdecision -- also
court ruled that
called
one person generally has the
no duty to protect
another from harm, unless there is aand
holding -- special
the court’s
relationship between the two, such as
custody or control... rationale

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“We depend upon the law to give us
a stable nation and economy, a fair
society, a safe place to live and work.
…But while law is a vital tool for
crafting the society we want, there
are no easy answers about how to
create it.
...Legal rules control us,
yet we create them.”

33
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34
 Criminal or civil
1.Armed team broke in to the bank
2.A works for a confectionery company and the company failed to
pay him salary for 2 months
3. a has his house for foreigners rents
4.A killed B for money
5.While driving the car beyond speed limits, A crashed into B and
made him injured
6.A married couple wanted to divorce
7.Seller fails to deliver goods on time to buyer
8.A customer got poisoned after having lunch in a restaurant
9.Disagreeing with each other on how to share the house left by a
father, the two bothers fought each other until death
10.Being much impressed by huge profit, A involved in trafficking
heroine
11.A involved in trafficking newly born babies abroad
12.A company makes his drinking products having labels easy to
confused with Lavie 35
 Criminal and Civil Law
Exercise 2: Case Analysis
1.A being drunken, is driving over speed limit, crashing
into B’s house, causing a serious damages worth
$10,000 to B.
•Q1: Criminal or civil?
•Q2: Who can sue whom for what?
 3. Civil or Criminal Law
2. Tony raped Jane in the parking lot of Joe’s Pub. The
district attorney’s office prosecuted Tony on rape
charges. Subsequently, Jane filed a lawsuit against
Toney for money damages. Classify each legal action.
What are remedies?
 Criminal or Civil Law
3. A 40-meter tree in Greg and Diane’s back yard is
annoying their neighbors, Frank and Brown. The tree
drop leaves into the pool, which causes staining and
extra cleaning costs. It also blocks their sun and its heavy
branches could damage their house if they broke during a
violent storm. Advise Frank and Brown. Is this a
Criminal or Civil case? What remedies/ punishment are
available?
 Criminal or Civil Law
3. A 40-meter tree in Greg and Diane’s back yard is
annoying their neighbors, Frank and Brown. The tree
drop leaves into the pool, which causes staining and
extra cleaning costs. It also blocks their sun and its heavy
branches could damage their house if they broke during a
violent storm. Advise Frank and Brown. Is this a
Criminal or Civil case? What remedies/ punishment are
available?
A moving house company in Texas agreed to
move house for B. The company damaged B’s
furniture whose damage is at 1000 USD.
According to Texas law, the maximum damages
for case is $200. The federal law set no
limitation for the damages. How much is
company likely to pay B

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