MGMT 3230 Study Guide - Spring 2018, Comprehensive Midterm Notes - Common Law, Contract, Tort

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MGMT 3230
MIDTERM EXAM
STUDY GUIDE
Fall 2018
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Lecture One May 7 2018
Tort of negligence and other torts will be on the midterm
Objectives of business:
At its core, its currencyto goods/sale
Transactions based on trade, this activity is promoted and considered critical
Exchange of && for goods and services
This creates the economy
The law gives validity to the goods of services
o The laws give the goods of services legal representation
o Need recognition of value first (why not steal), ie. the right to your labour, a
company right to its products (translated into goods/services)
o If your property is not protected, you cannot exchange it for currency
o The goods and sale only occurs if the law says its property
o If the law does not     …
o You want to make sure the product you make is protected by the law
Top three goals of business: money, money, money
C     
I             ’  
There is always a risk/reward proposition for business
The worst that could happen in business is bankruptcy
o The market wants them to succeed and fail
There is also a legal risk
Objectives of the law:
Create legal recognition of what society believes should be valued
The law decides what is valued
o Definition and acknowledgement of value before it can be traded
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Objectives for law:
o Stability
o Protection
o Punishing wrongs
o Fair
o Regulation (controls us; you can have a fire here but not here, you can drive
this speed here but not here)
o Accountability (contracts; you s     , ’ 
accountable if you break it after 6, you can be sued)
o Justice
Civil law is inherently unstable (it is all government driven; government is always
          …on law is
stable)
Not enough free market in civil lawtoo much government regulation
Two main parodies of law: the government and the courts
Ultimate designers are the courts and the government (using inputs: lawyers,
lobbyists, academics) they transfer societies wishes and conflicts into the law
The legal system comes usually by proxy: through someone else
o Lawyer: actually, makes the law, the judge just picks the winning law. Lawyers
present the case; the winning case becomes the law. Lawyers present their
vision of the law, and the winner creates the law
o Lobbyist: influence people in the governmentbig money!
o Academics: publish papers and research. Take their knowledge and it is
introduced as evidence
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Document Summary

Tort of negligence and other torts will be on the midterm. If your property is not protected, you cannot exchange it for currency: the goods and sale only occurs if the law says its property. If the law does not (cid:648)(cid:650)(cid:663)(cid:646) (cid:650)(cid:661) (cid:660)(cid:661)(cid:659)(cid:650)(cid:644)(cid:661) (cid:657)(cid:659)(cid:656)(cid:657)(cid:646)(cid:659)(cid:661)(cid:666) (cid:659)(cid:650)(cid:648)(cid:649)(cid:661)(cid:660) : you want to make sure the product you make is protected by the law. Top three goals of business: money, money, money. I(cid:661) (cid:650)(cid:660) (cid:661)(cid:649)(cid:646) (cid:659)(cid:656)(cid:653)(cid:646) (cid:656)(cid:647) (cid:661)(cid:649)(cid:646) (cid:653)(cid:646)(cid:648)(cid:642)(cid:653) (cid:660)(cid:666)(cid:660)(cid:661)(cid:646)(cid:654) (cid:661)(cid:656) (cid:654)(cid:642)(cid:652)(cid:646) (cid:660)(cid:662)(cid:659)(cid:646) (cid:661)(cid:649)(cid:642)(cid:661) (cid:644)(cid:656)(cid:654)(cid:657)(cid:642)(cid:655)(cid:650)(cid:646)(cid:660) (cid:645)(cid:656)(cid:655)"(cid:661) (cid:650)(cid:655)(cid:651)(cid:662)(cid:659)(cid:646) (cid:657)(cid:646)(cid:656)(cid:657)(cid:653)(cid:646) There is always a risk/reward proposition for business: the worst that could happen in business is bankruptcy, the market wants them to succeed and fail, there is also a legal risk. Lawyers present their vision of the law, and the winner creates the law: lobbyist: influence people in the government(cid:833)big money, academics: publish papers and research. Take their knowledge and it is introduced as evidence.

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