Unit 1: Discussion Directions Using your text and the internet, list and discuss
ID: 460359 • Letter: U
Question
Unit 1: Discussion Directions
Using your text and the internet, list and discuss three fundamental concepts and principles of the American legal system, particularly those pertaining to today's business environment. Please limit your comments to 400 words or less. Please list any websites you quote or cite in your research at the bottom of your comments.
Here are some great web sites to help you start your research:
Research whether employees have a right to privacy at work. You could research an article athttps://www.aclu.org/technology-and-liberty/workplace-privacy (Links to an external site.). (Hot issues in this subject include: Do you expect privacy from an employer provided e-mail account? Does keyboard monitoring invade the privacy of employees?)
Research Constitutional issues in cases at West Publishing. (Links to an external site.) To discuss a fundamental concept, you could pick a case and summarize the issue. Was it decided correctly in your opinion?
Research Constitutional issues athttp://www.firstamendmentcenter.org/category/religion (Links to an external site.) (Tip: Look under Religious Liberty and the Free Exercise Clause to read about religious liberty at work.)
Course: Business Law 1 (MG260DLBU1A2016 Business Law I): Book: Business Law: The Ethical, Global, and E-Commerce Environment 16th edition
PLEASE ANSWER ON A JUNIOR COLLEGE LEVEL AND PLEASE CITE YOUR SOURCES
Explanation / Answer
American law is composed of a unique blend from various sources based on U.S. historical roots. Fundamentally, much of American law is derived from English legal doctrines that came with the English settlers of the colonies. Modern law in the United States regulating businesses and individuals is generally a combination of constitutional law, statutory law, common law, and administrative (regulatory) law at the federal, state, and local levels. These sources of law are known as primary sources of law and may sometimes work in conjunction with one another or independently. For example, law related to the protection of trade secrets is composed from a variety of sources of law. Perhaps the most famous and profitable example of a trade secret is the recipe and process for making Coca-Cola. While most states have specific trade secret statutes that give legal recourse to a party who has suffered a loss as a result of the unlawful use of trade secrets, some do not. Does this mean that the company that owns the Coca-Cola recipe has no legal recourse against someone who steals their trade secret in those states where no specific statutes exist? The answer is no because even absent a specific statute, the law still provides the damaged party some recourse against the violator. This recourse is provided through court case history (called common law, discussed later) that provides guidance to the trial courts deciding trade secret disputes. Even in states that do have statutes related to trade secrets protection, there is case law that helps courts apply the statute consistently
Three fundamental concepts and principles of the American legal system that particularly pertain to today's business environment are:
The criminal justice system in the United States raises serious constitutional and human rights concerns. The human rights violations inherent in the system play out on a number of fronts: racial disparities in arrests, convictions, and sentencing; draconian sentences mandating that nonviolent offenders serve the rest of their lives behind prison walls; the heightened impact of incarceration on vulnerable populations, such as children and the mentally ill; and more.
“Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.”
—U.S. Supreme Court Justice Benjamin N. Cardozo in Palko v. Connecticut
Freedom of speech, the press, association, assembly, and petition: This set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. It is the foundation of a vibrant democracy, and without it, other fundamental rights, like the right to vote, would wither away.
Source :
1. https://www.aclu.org/issues/human-rights/human-rights-and-criminal-justice
2. https://www.highered.mheducation.com/sites/dl/free/0073377694/868035/Sample_Chap.pdf
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