Beruflich Dokumente
Kultur Dokumente
Muhammad Faisal
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Definitions of Business
A commerce
An occupation
An organization
Definitions of Business
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Definition of Law
Law – a standard or rule established by
society to govern the people in the society.
The two types of law
The law is often divided into:
civil law and criminal law
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Civil Law
Civil law concerns the rights and duties
that people or companies owe to each
other.
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Civil Law Key Points
There is NO prosecution or punishment in
civil law.
A person brings an action against another
and asks the court for a remedy (e.g.
damages).
The process of starting a civil law action is
known as suing.
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Main Branches of Civil Law
Contract law
Law of tort
Family law
Company law.
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Litigation as an alternative
approach to Dispute resolution
Litigation
An action brought in court to enforce a
particular right. The act or process of bringi
ng a lawsuit in and of itself; a judicial
contest; any dispute
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Litigation
When a person begins a civil lawsuit, the p
erson enters into a process called litigation
. Under the various rules of Civil
Procedure that
govern actions in state and federal courts,
litigation involves a series of steps that ma
y lead to a court trial and ultimately a resol
ution of the matter.
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The person starting the action is known as
the claimant. The person being sued is
known as the defendant.
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Litigation is a dispute resolution process
that typically involves many participants,
supporting characters, and observers.
Plain Tiff : The plaintiff is the disputant
asserting some right or claim recognized
by law for which the other disputant
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Who Will Participate in the
Process?
Defendant.: May be Liable for claim or
not.
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Basic Stages
The litigation process begins when the
plaintiff files a formal, written complaint
with the trial court and serves it on the
defendant.
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Basic Stages
The defendant must answer the complaint
or file a motion asking the court .
To dismiss the lawsuit because the
complaint fails to state a claim recognized
by law or because the court lacks
jurisdiction over the subject matter of the
lawsuit or the defendant.
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Basic Stages
If the court denies the defendant’s motion
to dismiss the lawsuit, the defendant must
answer the complaint, at which point the
process begins to progress through
various pretrial stages.
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Basic Stages
. If the defendant refuses or otherwise fails
to participate, the court ordinarily will issue
a default judgment granting the plaintiff the
relief requested in the complaint.
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Basic Stages
During the pretrial stages of litigation, the
parties engage in discovery
Through a process by which they gather
evidence from each other and from third
parties
The parties will identify witnesses,
determine what they will testify
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What is Business Law
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Business law encompasses all of the laws
that dictate how to form and run a
business.
This includes all of the laws that govern
how to start, buy, manage and close or
sell any type of business.
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Business laws establish the rules that all
businesses should follow.
A savvy businessperson will be generally
familiar with business laws and know
when to seek the advice of a licensed
attorney.
Business law includes state and federal
laws, as well as administrative regulations
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CONTRACTS
&
AGREEMENTS
Introduction
Contracts are the basis of many of our
daily activities
They provide the means for individuals
and businesses to sell and otherwise
transfer property, services, and other
rights
Without enforceable contracts, commerce
would collapse
Definition of a Contract
A contract is an agreement that is
enforceable by a court of law or equity
Offer
Offeror Offeree
Acceptance
Offeror makes an Offeree has the power
offer to the offeree to accept the offer and
create a contract
AGREEMENT
An agreement means a promise and a
reciprocal set of promises forming
consideration for each other—Section
2(e). All contracts are agreements but all
agreements are not contracts.
CONTRACT = Agreement + Enforceable
by law
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Promisor: A person making the proposal (offer) is
known as a promisor. He is also known as an offeror.
We can also recognize him as a proposor.
Promisee: A person accepting the proposal (offer) is
known as a promisee. He is also known as an offeree.
We can also recognize him as an acceptor.
PROMISOR PROMISEE
Elements of a Contract
1. Agreement 2. Consideration
3. Contractual
4. Lawful Object
Capacity
Have you ever agreed to a
contract?
Examples?
Offer
An offer is an invitation to make a contract
Examples?
Displaying a take it or leave it contract online
Bidding on ebay
Putting a price tag on an item in a store
Offer
An offer is an invitation to make a contract
Examples?
Displaying a take it or leave it contract online
Bidding on ebay
Putting a price tag on an item in a store
Acceptance
The point at which one party agrees to the
other parties offer
Examples
Clickingthat you accept the online contract
Buying the item from the store
Consideration
Generally, courts will only enforce a
contract if both sides are getting
something.
What each side gives the other is called
consideration.
Is this a contract?