Presentation on theme: "INTRODUCTION TO LAW (2) General definition: governmental rules that"— Presentation transcript:
1 INTRODUCTION TO LAW (2) General definition: governmental rules that (1) Blackstone: "Law is a rule of civil conduct, commanding what is right and prohibiting what is wrong.“(2) General definition: governmental rules thatgovern conduct andcarry a penalty for a violation.Business law: governmental rules that regulate business transactionsReligious beliefs and social morals are not laws becausethey are not adopted by the government andthey do not impose a penalty for their violation
2 ExamplesLaw: theft is forbidden by the state; is punished by imprisonmentMoral: society embraces belief that one should help the poor; there is no punishment for failing to do so.Study hint Laws may change due to society's changing perception of right and wrong.
3 OBJECTIVES OF LAW The law establishes rules of conduct so that: (1) society can resolve disputes;(2) individuals and businesses can know the standards to which they must conform their conduct;(3) society can effectively function because there is a stable, yet flexible, framework.
4 Origins of the Thai Legal System Ancient origins of Thai law before the SukhoThai Period (13th – 15th centuries) were founded in the Hindu Code of Manu called the Dharmasatra, along with the Rajsatra, formed the Thai legal system. The Dharmasatra and Rajsatra were developed from actual decisions of kings in administering justiceAfter the Burmese invasion of 1764 destroyed Ayudhya, King Rama I ( ), the founder of Bangkok, appointed a Royal Commission to revise Thailand’s law. The revised code of 1805, commonly known as the Law of Three Seals, contained both the Dharmasatra, the royal decrees, and edicts.
5 Origins of the Thai Legal System King Rama V. in the early 20th century introduced the new legal system as outlined in civil and commercial codes, the systems of civil and criminal procedure, and the penal codes.Modern Thai laws have characteristics from numerous western countries, including France, Germany, Switzerland, England, Italy, Japan and India
6 Common Law General rule Common law is the body of judge-made law originating from English customStudy hintCommon law is a source of many modern laws, such as contract and tort law.
7 Sources of Law General rules A judicial decision or interpretation of law that is adopted by the highest (appellate) courts is called a precedentThe doctrine of stare decisis generally requires lower courts in the same jurisdiction to follow established precedents in future, similar cases
8 Constitutions General rules Constitution: document that defines: (1) the relationship between the branches of a government; and(2) the relations between a government and its citizens
9 Statutes General rules Statutes: written laws created by the legislaturesStudy hintIt is easier to change statutes than it is to change constitutions
10 Civil versus Criminal Law General rulesCivil laws relate to personal rights and duties of individuals and businessesCriminal law prohibits offenses against society.Crime: offense against society punishable by fine, imprisonment, or deathStudy hintsA criminal prosecution must be brought by a government, which is usually represented by a prosecutorStatutes define the acts that are crimes, and criminal laws
11 Tort LawGeneral rulesTort: private wrong against an individual for which damages may be recoveredA tort may be: (1) intentionally committed; or(2) caused by a person's negligence (i.e., failure to exercise reasonable care toward another person)ExamplesNegligence: a worker carelessly hits a pedestrian with a boardOther torts: assault; libel; slander; trespassStudy hintsThe party injured by the tort must bring a tort actionThe same act may be both a crime and a tortHowever, the crime and tort are subject to separate punishments that are imposed as the result of separate legal proceedings.
12 TortsTorts are private or civil wrong or injury for which there may be an action for damagesMay be intentional or it may be caused by negligenceExample of tort that is not a crimeA business negligently leaving debris in an area of customer trafficExamples of torts that can also be crimesFraud, assault
13 Business EthicsBusinesspersons are expected to act in ways that make their firms profitableMany businesses have also adopted codes of ethics that guide the behavior of employeesSome of these codes are legally enforceable; others are voluntary.
14 Business Ethics Legally Enforceable Voluntary Professions, such as law, often have codes of ethics or codes of professional responsibilityViolators are subject to discipline and possible suspension from practiceVoluntaryVoluntary codes of ethics encourage certain behavior, but provide no sanctions if not followed
15 Introduction to International Business Law Forms of International Business TradeInternational licensing of technology and intellectual property (trademarks, patents and copyrights)Foreign direct investment
16 Trade Exporting Importing Government controls over trade: tariffs and non-tariff barriersRole of trade in services