Transcript IST432 - Legal and Regulatory Environment of IST

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e-Commerce Law:
Issues for Business
by John Bagby
© 2003 by West Legal Studies in Business/A Division of Thomson Learning
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Chapter 1
Law in e-Business
© 2003 by West Legal Studies in Business/A Division of Thomson Learning
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What is Law?
Law is a set of rules set forth by and
for society which guides our
actions.
Not all rules and customs are laws,
but all laws are binding rules.
Law is dynamic and changes with
society.
Let’s
Discuss
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Classification of Law
Discuss the similarities and
differences of each type of law:
Substantive
Civil law
Procedural
Criminal law
Common law
International
law
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The Study of Law
Critical thinking
Critical thinking inquiry
 Issue
and conclusion
 Evaluating
 Rival
reasons and evidence
hypotheses and conclusions
Importance of critical thinking
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The Study of Law
Legal reasoning
Stare decisis
 The
Socratic method
Reading, analysis, and briefing of
appellate cases
Moral reasoning and logical
analysis
Corporate Social
Responsibility
 Corporate stakeholders
 Expectations
and influence
 Campaign finance laws
 The
FECA establishes campaign
finance laws requiring disclosure
 Divergent goals of business and
society
 Corporate philanthropy
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The State
Judicial System
State Supreme Court
State Courts of Appeals
State Courts of Original Jurisdiction
Inferior Courts
Small Claims
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The Federal
Judicial System
U. S. Supreme Court
U. S. Court of Appeals
Special
Federal Courts
Federal
District Courts
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Jurisdiction
Jurisdiction is
 Political
entity, nation, state, or local
subdivision
 The
power and authority of a government to
regulate activities
 Constitutional
permission to exercise
governmental power
Jurisdiction and e-commerce
 New
 Old
area of legal concern
law is being rewritten to reflect new
technology
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Jurisdiction
General principals of jurisdiction
Emerging models of jurisdiction in
cyberspace
 Passive
 Highly
websites
interactive/commercial websites
 Interactive
websites
Venue
Federal jurisdiction
Standing
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Conduct of Civil Trials
Pretrial activities
Pleadings
Pretrial discoveries
Trial
Post-trial activities
Appeals
Arbitration and
Mediation
 Arbitration: a binding dispute
resolution method in which a third
party hears a dispute and makes a
lasting decision
 saves
the expense and time of
litigation and federal agencies
 Mediation: a third party hears a
dispute and only makes
suggestions that are not binding
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The Regulatory Process by
Administrative Agencies
Nature of administrative agencies
Control of agency actions
Information
Hearings
Rulemaking
Judicial review
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Questions & Discussion