LEGAL ENVIRONMENT OF
BUSINESS – First Day of Class
Theme 1: The Consequences of Winding up in Court
Theme 2: How to Protect Your Business Before Its Formation
Theme 3: Knowing Your Individual Legal Rights
Civil and Criminal Cases
Example
of Civil Case:
Negligence
1- Does the defendant owe a
duty to plaintiff?
2- Did defendant breach that
duty? ...
3- By proximately causing …
4- Damages
Palsgraf
case and Proximate Cause
a- Were the events foreseeable?
or …
b- Did the series of events
break the chain of causation?
Example
of Criminal Case:
4th Amendment
Warrant to
search home - Police need probable cause, based on “objective, articulated
facts.”
What is
suppressed evidence?
-
It
depends – Were the police lawfully present?
Exclusionary
rule
-
Fruit
of the poisonous tree doctrine
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