Central Texas College Civil Law and Criminal Law Discussion

Discussion 1 In Chapter 2-Section 3, please view the illustration in Exhibit 2-2 below. The State and Federal Court Systems. The text illustrates the court system in the United States with the Supreme Court being our most powerful court. Name a current individual who serves on the Supreme Court, and discuss decisions this justice has been involved in which impact American Business. 2–3 The State and Federal Court Systems Each state has its own court system. Additionally, there is a system of federal courts. The right-hand side of Exhibit 2–2 illustrates the basic organizational framework characteristic of the court systems in many states. The exhibit also shows how the federal court system is structured. We turn now to an examination of these court systems, beginning with the state courts. Exhibit 2–2 The State and Federal Court Systems Chapter 2: Courts and Alternative Dispute Resolution: 2–3 The State and Federal Court Systems Book Title: Business Law Today © 2018 Cengage Learning, Cengage Learning Discussion 2 In Chapter 10-Section 1, review Exhibit 10-1 Key Differences between Civil Law and Criminal Law below. The O.J. Simpson criminal jury trial in 1995 received national publicity. The civil trial in 1997 garnered much less attention, even though the civil court jury ordered O.J. to pay $25 million in punitive damages to the families of Nicole Brown and Ronald. L. Goldman. Using this case as an illustration, discuss the differences between civil and criminal law. 10–1a Key Differences between Civil Law and Criminal Law Because the state has extensive resources at its disposal when prosecuting criminal cases, there are numerous procedural safeguards to protect the rights of defendants. We look here at one of these safeguards—the higher burden of proof that applies in a criminal case—as well as the harsher sanctions for criminal acts compared with those for civil wrongs. Exhibit 10–1 summarizes these and other key differences between civil law and criminal law. Exhibit 10–1 Key Differences between Civil Law and Criminal Law Burden of Proof Discussion 3 In Chapter 14-Section 1 below, the text discusses Contractual Capacity and the role of minors. Occasionally, there are stories in the news where minors petition the court to be emancipated as an adult. For example, Olympic gold medal gymnast Dominique Moceanufiled a lawsuit in 1998 to be declared a legal adult in state district court in Houston. Find an article where a minor petitioned the court to be declared an adult, and discuss how the minor was able to manage his or her own contractual affairs. 14–1 Contractual Capacity Historically, the law has given special protection to those who bargain with the inexperience of youth and those who lack the degree of mental competence required by law. A person who has been determined by a court to be mentally incompetent, for instance, cannot form a legally binding contract with another party. In other situations, a party may have the capacity to enter into a valid contract but also have the right to avoid liability under it. Minors—or infants, as they are commonly referred to in legal terminology—usually are not legally bound by contracts. In this section, we look at the effect of youth, intoxication, and mental incompetence on contractual capacity. 4–1a Minors Today, in almost all states, the age of majority. The age at which an individual is considered legally capable of conducting himself or herself responsibly. A person of this age is entitled to the full rights of citizenship, including the right to vote. In contract law, the age at which one is no longer an infant and can no longer disaffirm a contract. (when a person is no longer a minor) for contractual purposes is eighteen years. In addition, some states provide for the termination of minority on marriage. Minority status may also be terminated by a minor’s emancipation. In regard to minors, the act of being freed from parental control; occurs when a child’s parent or legal guardian relinquishes the legal right to exercise control over the child. Normally, a minor who leaves home to support himself or herself is considered emancipated., which occurs when a child’s parent or legal guardian relinquishes the legal right to exercise control over the child. Normally, minors who leave home to support themselves are considered emancipated. Several jurisdictions permit minors themselves to petition a court for emancipation. For business purposes, a minor may petition a court to be treated as an adult. The general rule is that a minor can enter into any contract that an adult can, except contracts prohibited by law for minors (such as contracts to purchase tobacco or alcoholic beverages). A contract entered into by a minor, however, is voidable at the option of that minor, subject to certain exceptions. To exercise the option to avoid a contract, a minor need only manifest (clearly show) an intention not to be bound by it. The minor “avoids” the contract by disaffirming it. Disaffirmance The legal avoidance, or setting aside, of a contractual obligation is referred to as disaffirmance. The legal avoidance, or setting aside, of a contractual obligation.. To disaffirm, a minor must express his or her intent, through words or conduct, not to be bound to the contract. The minor must disaffirm the entire contract, not merely a portion of it. For instance, the minor cannot decide to keep part of the goods purchased under a contract and return the remaining goods. Discussion 4 In Chapter 36-Section 1, the text discusses the franchise business form. Students frequently express interest in purchasing a franchise business. Research some of the popular franchises in our country, and discuss how much money a potential owner must have in order to be awarded ownership of a franchise. 36–3Franchises Instead of setting up a sole proprietorship to market their own products or services, many entrepreneurs opt to purchase a franchise. A franchise is an arrangement in which the owner of intellectual property—such as a trademark, a trade name, or a copyright—licenses others to use it in the selling of goods or services. A franchisee (a purchaser of a franchise) is generally legally independent of the franchisor (the seller of the franchise). At the same time, the franchisee is economically dependent on the franchisor’s integrated business system. In other words, a franchisee can operate as an independent businessperson but still obtain the advantages of a regional or national organization. Today, franchising companies and their franchisees account for a significant portion of all retail sales in this country. Well-known franchises include McDonald’s, 7-Eleven, and Holiday Inn. Franchising has also become a popular way for businesses to expand their operations internationally without violating the legal restrictions that many nations impose on foreign ownership of businesses. 36–3a Types of Franchises Many different kinds of businesses sell franchises, and numerous types of franchises are available. Generally, though, franchises fall into one of three classifications: distributorships, chain-style business operations, and manufacturing arrangements. Distributorship In a distributorship, a manufacturer (the franchisor) licenses a dealer (the franchisee) to sell its product. Often, a distributorship covers an exclusive territory. Automobile dealerships and beer distributorships are common examples. Chain-Style Business Operation In a chain-style business operation, a franchise operates under a franchisor’s trade name and is identified as a member of a select group of dealers that engage in the franchisor’s business. The franchisee is generally required to follow standardized or prescribed methods of operation. Often, the franchisor insists that the franchisee maintain certain standards of performance. In addition, the franchisee may be required to obtain materials and supplies exclusively from the franchisor. Chipotle Mexican Grill and most other fast-food chains are examples of this type of franchise. Chain-style franchises are also common in service-related businesses, including real estate brokerage firms, such as Century 21, and tax-preparing services, such as H&R Block, Inc. Manufacturing Arrangement In a manufacturing, or processing-plant, arrangement, the franchisor transmits to the franchisee the essential ingredients or formula to make a particular product. The franchisee then markets the product either at wholesale or at retail in accordance with the franchisor’s standards. Examples of this type of franchise include Pepsi-Cola and other soft-drink bottling companies. …
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