Presentation on theme: "INTRODUCTION TO LAW (1) Blackstone: "Law is a rule of civil conduct, commanding what is right and prohibiting what is wrong. (2) General definition: governmental."— Presentation transcript:
INTRODUCTION TO LAW (1) Blackstone: "Law is a rule of civil conduct, commanding what is right and prohibiting what is wrong. (2) General definition: governmental rules that (a) govern conduct and (b) carry a penalty for a violation. Business law: governmental rules that regulate business transactions Business law: governmental rules that regulate business transactions Religious beliefs and social morals are not laws because Religious beliefs and social morals are not laws because (1) they are not adopted by the government and (2) they do not impose a penalty for their violation
Examples o Law: theft is forbidden by the state; is punished by imprisonment o Moral: 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.
OBJECTIVES OF LAW o The law establishes rules of conduct so that: o(1) society can resolve disputes; o(2) individuals and businesses can know the standards to which they must conform their conduct; o(3) society can effectively function because there is a stable, yet flexible, framework.
Origins of the Thai Legal System o 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 justice o After the Burmese invasion of 1764 destroyed Ayudhya, King Rama I (1782-1806), the founder of Bangkok, appointed a Royal Commission to revise Thailands law. The revised code of 1805, commonly known as the Law of Three Seals, contained both the Dharmasatra, the royal decrees, and edicts.
Origins of the Thai Legal System o 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. o Modern Thai laws have characteristics from numerous western countries, including France, Germany, Switzerland, England, Italy, Japan and India
Common Law o General rule Common law is the body of judge-made law originating from English custom o Study hint Common law is a source of many modern laws, such as contract and tort law.
Sources of Law o General rules A judicial decision or interpretation of law that is adopted by the highest (appellate) courts is called a precedent A judicial decision or interpretation of law that is adopted by the highest (appellate) courts is called a precedent o The doctrine of stare decisis generally requires lower courts in the same jurisdiction to follow established precedents in future, similar cases
Constitutions General rules General rules Constitution: document that defines: (1) the relationship between the branches of a government; and (1) the relationship between the branches of a government; and (2) the relations between a government and its citizens (2) the relations between a government and its citizens
Statutes o General rules oStatutes: written laws created by the legislatures o Study hint oIt is easier to change statutes than it is to change constitutions
Civil versus Criminal Law General rules oCivil laws relate to personal rights and duties of individuals and businesses oCriminal law prohibits offenses against society. oCrime: offense against society punishable by fine, imprisonment, or death Study hints o A criminal prosecution must be brought by a government, which is usually represented by a prosecutor oStatutes define the acts that are crimes, and criminal laws
Tort Law o General rules Tort: private wrong against an individual for which damages may be recovered Tort: private wrong against an individual for which damages may be recovered A tort may be: (1) intentionally committed; or A tort may be: (1) intentionally committed; or (2) caused by a person's negligence (i.e., failure to exercise reasonable care toward another person) (2) caused by a person's negligence (i.e., failure to exercise reasonable care toward another person)Examples Negligence: a worker carelessly hits a pedestrian with a board Negligence: a worker carelessly hits a pedestrian with a board Other torts: assault; libel; slander; trespass Other torts: assault; libel; slander; trespass o Study hints oThe party injured by the tort must bring a tort action oThe same act may be both a crime and a tort o However, the crime and tort are subject to separate punishments that are imposed as the result of separate legal proceedings.
Torts oTorts are private or civil wrong or injury for which there may be an action for damages oMay be intentional or it may be caused by negligence oExample of tort that is not a crime oA business negligently leaving debris in an area of customer traffic oExamples of torts that can also be crimes oFraud, assault
Business Ethics o Businesspersons are expected to act in ways that make their firms profitable o Many businesses have also adopted codes of ethics that guide the behavior of employees o Some of these codes are legally enforceable; others are voluntary.
Business Ethics o Legally Enforceable oProfessions, such as law, often have codes of ethics or codes of professional responsibility oViolators are subject to discipline and possible suspension from practice o Voluntary oVoluntary codes of ethics encourage certain behavior, but provide no sanctions if not followed
Introduction to International Business Law Forms of International Business o Trade o International licensing of technology and intellectual property (trademarks, patents and copyrights) o Foreign direct investment
Trade o Exporting o Importing o Government controls over trade: tariffs and non-tariff barriers o Role of trade in services