1.1 Learning Objectives
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Explain the basic purposes of the law and list the sources from which U.S. law stems.
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Identify different schools of jurisprudential thought and describe the basic tenets of each.
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Describe the role and function of the U.S. Constitution, especially as it relates to business.
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List and categorize the different courts that operate in America.
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Distinguish between different court jurisdiction types and where different courts are allowed jurisdiction.
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Identify the role of standing, ripeness, and venue in substantiating a lawsuit.
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List who the parties to a lawsuit are and relate the proceedings they follow in preparing for a lawsuit.
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Describe the role of discovery in a lawsuit and what it entails.
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Describe the process by which a jury in a lawsuit is selected.
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Summarize the steps of a typical court trial and what happens in each step.
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Explain the process by which court decisions may be appealed to a higher court and describe the possible outcomes of an appeal.
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Identify and compare methods of dispute resolution that may be used to avoid the trial process.
The first topic of this text will introduce the foundational concepts of U.S. law, including basic definitions, the history of U.S. law and its sources, schools of legal thought, and the structure and function of the institutions that develop and enforce laws. Additionally, this topic includes brief descriptions of legal procedures, lawsuits, and other legal resolutions.
Law in both general and business contexts includes many terms and definitions, all of which are important to understand. In this text, the learning objectives for each topic and section highlight the terms and principles most critical for a manager or human resource professional to understand. These are reflected in both end-of-section knowledge checks and end-of-topic assessments.
Both law and the principles of professional and ethical behavior in the business context change over time as society shifts and matures. While this topic is focused primarily on introducing “the fundamentals” of U.S. law, the topics that follow will address both historical and contemporary issues that surround the business environment, including ethical considerations and professional practices which are not always explicitly dictated by the law.