Saint Leo University GBA 231 Business Law I Course Descripti

Saint Leo University GBA 231 Business Law I Course Description

The U.S legal system (constitutional framework), the judicial system, the administrative agency system, the legal theory of the organization (agency law, forms of organization), an organization’s legal obligations (torts, contracts, common law, and the Uniform Commercial Code), and public law (employment, securities, antitrust, consumer and environmental protection) are reviewed.

Students are expected to understand the origins of law and the roles of the courts in the U.S., distinguish between civil and criminal law, define and distinguish business organizations, classify and explain various contract elements and the statutory requirements, and understand property law distinctions. The course also emphasizes the core values of Respect, Integrity, and Community as integral to legal practice and understanding.

Assessments include quizzes, tests, discussion participation, and a comprehensive term paper exploring the U.S. Supreme Court case of Cruzan v. Missouri Department of Health. The course integrates court system knowledge, contract law, property rights, employment law, business organizations, administrative law, and estate planning, emphasizing ethical considerations aligned with the university's core values.

Paper For Above instruction

Introduction

Business law forms the backbone of commercial operations and societal order by providing a framework within which businesses and individuals operate. Its foundations lie in the U.S. legal system, which encompasses constitutional principles, statutory law, case law, and administrative regulations. Understanding these legal dimensions is essential for entrepreneurs, corporate managers, and legal practitioners aiming to navigate the complex landscape of modern business activities.

The U.S. Legal System and Its Role in Business

The U.S. legal system is rooted in the Constitution, which establishes the structure and function of government institutions and guarantees fundamental rights. Courts are pivotal in interpreting laws and settling disputes, with trial courts handling factual determinations and appellate courts reviewing legal issues. The judicial process ensures that laws align with constitutional principles, providing stability and predictability crucial for business operations (Friedman, 2020). The judiciary's role extends to resolving conflicts related to contracts, property rights, employment disputes, and corporate governance, thereby shaping the legal environment within which businesses function.

Civil and Criminal Law in Business

Distinguishing civil from criminal law is fundamental. Civil law primarily addresses disputes between private parties, such as breach of contract or property disagreements, seeking remedy through damages or injunctions (Cheeseman, 2019). Criminal law, however, involves the state prosecuting individuals or entities accused of illegal conduct, with penalties including fines or imprisonment. Both areas significantly impact business practices, for example, through employment law (civil) and fraud or theft prosecutions (criminal).

Business Organizations

Different business entities serve various needs, with sole proprietorships, partnerships, corporations, and limited liability companies representing common forms. These structures differ in terms of liability, taxation, formation requirements, and governance. For instance, corporations offer limited liability but entail rigorous compliance, whereas sole proprietorships are simple but expose owners to personal risk (Miller & Jentz, 2018). Recognizing the appropriate organizational form aligns with strategic business planning and legal obligations.

Contract Law Elements and Legal Requirements

Contracts constitute the cornerstone of commercial transactions. Essential elements include offer, acceptance, consideration, capacity, legality, and genuine agreement (Cheeseman, 2019). The Statute of Frauds stipulates that certain contracts—such as those involving real estate or lasting over a year—must be in writing to be enforceable. The law protects parties by ensuring clarity and reducing fraudulent claims. Understanding these components enables businesses to draft valid agreements and enforce contractual rights effectively.

Property Rights and Their Distinctions

The distinction between personal property and real property influences ownership rights, transfer mechanisms, and legal protections. Real property encompasses land and fixtures, with transaction formalities governed by deeds and recording statutes. Personal property includes movable items, with ownership transferred through sale or gift. Proper classification determines legal procedures and financial implications in property dealings (Folsom & Tortorano, 2018).

Legal Principles in Business Contracts

Business contract law emphasizes fairness, mutual assent, and enforceability. The Uniform Commercial Code (UCC) standardizes transactions involving sale of goods, providing predictability across jurisdictions (Cheeseman, 2019). Contract remedies for breaches include damages, specific performance, or rescission, with damages classified as compensatory, liquidated, or nominal. Recognizing these principles safeguards contractual relationships and fosters trust in commercial exchanges.

Equity, Core Values, and Ethical Principles

Respect, integrity, and community underpin legal practice and corporate ethics. Respect involves acknowledging others' rights and dignity; integrity demands honesty and consistency; community emphasizes social responsibility. These values influence dispute resolution, corporate governance, and regulatory compliance, ensuring that legal actions align with societal expectations and moral standards (Ciulla, 2022).

Case Study: Cruzan v. Missouri Department of Health

The Cruzan case exemplifies end-of-life legal issues, highlighting the importance of living wills and healthcare directives. The Supreme Court upheld the right to refuse life-sustaining treatment, balancing individual autonomy with state interests (Cruzan v. Missouri Dept. of Health, 1999). This decision underscores the necessity for clear, legally valid advance directives to honor patient wishes and mitigate family conflicts. Applying core values, healthcare decisions should reflect respect for individual dignity and integrity, with community support facilitating ethical choices.

Foreseeable Consequences of Failing to Prepare

Failing to execute a proper will or living will can lead to significant consequences, including familial conflicts, unnecessary medical interventions, and financial burdens. Psychological distress and legal battles may impose emotional costs, while medical decisions made without directives risk violating patient autonomy (Bergman et al., 2017). Proper estate planning promotes clarity, reduces conflicts, and ensures that a person’s wishes are respected after death.

Medical Care and End-of-Life Decisions

Recuperative care aims to restore health, while palliative care focuses on comfort in terminal stages. Decisions to shift from curative to palliative should involve healthcare professionals, patients, and family members, ensuring that choices align with patient values and medical realities (Doyle, 2020). The right to refuse treatment, including artificial nutrition or hydration, raises ethical debates; legal standards generally require informed consent and adherence to advance directives.

Euthanasia versus Cessation of Treatment

Euthanasia involves actively causing death, often through lethal means, whereas cessation of treatment involves withholding or withdrawing interventions deemed unnecessary or burdensome (Rachels, 2018). Legal and ethical distinctions are significant; euthanasia is illegal in many jurisdictions, whereas patients typically have the right to refuse or discontinue treatment under the doctrine of informed consent.

Decision-Making for End-of-Life Care

Healthcare professionals—doctors, nurses, legal advisors, and ethicists—should guide end-of-life decisions, ensuring they comply with legal standards and patient wishes. For individuals without family, appointed guardians or courts must make determinations, emphasizing the importance of advance directives and legal safeguards (Sulmasy & Mueller, 2017). Respecting spiritual and existential dimensions involves considering cultural and religious beliefs, ensuring holistic care that honors the patient’s dignity.

Maintaining Relationships and Ensuring Respectful Care

Promoting ongoing family and social relationships during end-of-life stages requires honest communication, emotional support, and cultural sensitivity. Avoiding misunderstandings and respecting spiritual needs prevent conflicts and promote peace (Kavalieratos et al., 2017). Incorporating spiritual assessments and facilitating religious or cultural rituals can enrich the dying process, ensuring it aligns with the patient’s values and beliefs.

Conclusion

In conclusion, understanding the fundamentals of business law—from court systems and contract law to property rights and ethical considerations—is vital for navigating the legal landscape of contemporary commerce. Recognizing the importance of advance directives and ethical decision-making in healthcare complements this legal knowledge, emphasizing a holistic approach grounded in respect, integrity, and community. As future legal and business professionals, embracing these core values ensures that legal practices not only comply with statutes but also uphold human dignity and societal responsibility.

References

• Bergman, C. A., et al. (2017). Legal and ethical issues in end-of-life decision-making. Journal of Hospice & Palliative Nursing, 19(2), 130-134.
• Cheeseman, H. R. (2019). Business law: Legal environment, online commerce, business ethics, and international issues. Pearson.
• Ciulla, J. B. (2022). The role of values in leadership and ethical decision-making. Journal of Business Ethics, 153(2), 217-232.
• Cruzan v. Missouri Dept. of Health, 497 U.S. 261 (1990).
• Doyle, D. (2020). Palliative care: Principles and practice. Oxford University Press.
• Folsom, R., & Tortorano, R. (2018). Property Law: Cases and Materials. West Academic Publishing.
• Friedman, L. M. (2020). Law among Nations: An Introduction to Public International Law. St. Martin's Publishing Group.
• Kavalieratos, D., et al. (2017). Clinical and ethical considerations for spiritual care at the end of life. Journal of Palliative Medicine, 20(12), 1289-1295.
• Miller, R. L., & Jentz, G. A. (2018). Business Law Today, The Essentials. Cengage Learning.
• Rachels, J. (2018). The End of Life: Euthanasia and Physician-Assisted Suicide. Oxford University Press.
• Sulmasy, D. J., & Mueller, P. (2017). Decision Making at the End of Life and the Role of Surrogates. JAMA, 318(24), 2442–2443.