Central Texas College Civil Law and Criminal Law Discussion Theres four discussion boards total and Ive attached the articles below the questions. The answers can be 150 words each. Discussion 1
In Chapter 2-Section 3, please view the illustration in Exhibit 2-2 below. The State
and Federal Court Systems. The text illustrates the court system in the United
States with the Supreme Court being our most powerful court. Name a current
individual who serves on the Supreme Court, and discuss decisions this justice has
been involved in which impact American Business.
2–3 The State and Federal Court Systems
Each state has its own court system. Additionally, there is a system of
federal courts. The right-hand side of Exhibit 2–2 illustrates the basic
organizational framework characteristic of the court systems in many
states. The exhibit also shows how the federal court system is
structured. We turn now to an examination of these court systems,
beginning with the state courts.
Exhibit 2–2
The State and Federal Court Systems
Chapter 2: Courts and Alternative Dispute Resolution: 2–3 The State and Federal Court
Systems
Book Title: Business Law Today
© 2018 Cengage Learning, Cengage Learning
Discussion 2
In Chapter 10-Section 1, review Exhibit 10-1 Key Differences between Civil Law
and Criminal Law below. The O.J. Simpson criminal jury trial in 1995 received
national publicity. The civil trial in 1997 garnered much less attention, even though
the civil court jury ordered O.J. to pay $25 million in punitive damages to the
families of Nicole Brown and Ronald. L. Goldman. Using this case as an
illustration, discuss the differences between civil and criminal law.
10–1a Key Differences between Civil Law and Criminal
Law
Because the state has extensive resources at its disposal when
prosecuting criminal cases, there are numerous procedural
safeguards to protect the rights of defendants. We look here at one of
these safeguards—the higher burden of proof that applies in a criminal
case—as well as the harsher sanctions for criminal acts compared
with those for civil wrongs. Exhibit 10–1 summarizes these and other
key differences between civil law and criminal law.
Exhibit 10–1
Key Differences between Civil Law and Criminal Law
Burden of Proof
Discussion 3
In Chapter 14-Section 1 below, the text discusses Contractual Capacity and the role
of minors. Occasionally, there are stories in the news where minors petition the
court to be emancipated as an adult. For example, Olympic gold medal gymnast
Dominique Moceanufiled a lawsuit in 1998 to be declared a legal adult in state
district court in Houston. Find an article where a minor petitioned the court to be
declared an adult, and discuss how the minor was able to manage his or her own
contractual affairs.
14–1 Contractual Capacity
Historically, the law has given special protection to those who bargain with the inexperience of
youth and those who lack the degree of mental competence required by law. A person who has
been determined by a court to be mentally incompetent, for instance, cannot form a legally
binding contract with another party. In other situations, a party may have the capacity to enter
into a valid contract but also have the right to avoid liability under it. Minors—or infants, as they
are commonly referred to in legal terminology—usually are not legally bound by contracts. In
this section, we look at the effect of youth, intoxication, and mental incompetence on contractual
capacity.
4–1a Minors
Today, in almost all states, the age of majority. The age at which an individual is considered
legally capable of conducting himself or herself responsibly. A person of this age is entitled to
the full rights of citizenship, including the right to vote. In contract law, the age at which one is
no longer an infant and can no longer disaffirm a contract. (when a person is no longer a minor)
for contractual purposes is eighteen years. In addition, some states provide for the termination
of minority on marriage.
Minority status may also be terminated by a minor’s emancipation. In regard to minors, the act
of being freed from parental control; occurs when a child’s parent or legal guardian relinquishes
the legal right to exercise control over the child. Normally, a minor who leaves home to support
himself or herself is considered emancipated., which occurs when a child’s parent or legal
guardian relinquishes the legal right to exercise control over the child. Normally, minors who
leave home to support themselves are considered emancipated. Several jurisdictions permit
minors themselves to petition a court for emancipation. For business purposes, a minor may
petition a court to be treated as an adult.
The general rule is that a minor can enter into any contract that an adult can, except contracts
prohibited by law for minors (such as contracts to purchase tobacco or alcoholic beverages). A
contract entered into by a minor, however, is voidable at the option of that minor, subject to
certain exceptions. To exercise the option to avoid a contract, a minor need only manifest
(clearly show) an intention not to be bound by it. The minor “avoids” the contract by
disaffirming it.
Disaffirmance
The legal avoidance, or setting aside, of a contractual obligation is referred to as disaffirmance.
The legal avoidance, or setting aside, of a contractual obligation.. To disaffirm, a minor must
express his or her intent, through words or conduct, not to be bound to the contract. The minor
must disaffirm the entire contract, not merely a portion of it. For instance, the minor cannot
decide to keep part of the goods purchased under a contract and return the remaining goods.
Discussion 4
In Chapter 36-Section 1, the text discusses the franchise business form. Students
frequently express interest in purchasing a franchise business. Research some of
the popular franchises in our country, and discuss how much money a potential
owner must have in order to be awarded ownership of a franchise.
36–3Franchises
Instead of setting up a sole proprietorship to market their own products
or services, many entrepreneurs opt to purchase a franchise.
A franchise is an arrangement in which the owner of intellectual
property—such as a trademark, a trade name, or a copyright—licenses
others to use it in the selling of goods or services. A franchisee (a
purchaser of a franchise) is generally legally independent of
the franchisor (the seller of the franchise). At the same time, the
franchisee is economically dependent on the franchisor’s integrated
business system. In other words, a franchisee can operate as an
independent businessperson but still obtain the advantages of a
regional or national organization.
Today, franchising companies and their franchisees account for a
significant portion of all retail sales in this country. Well-known
franchises include McDonald’s, 7-Eleven, and Holiday Inn. Franchising
has also become a popular way for businesses to expand their
operations internationally without violating the legal restrictions that
many nations impose on foreign ownership of businesses.
36–3a
Types of Franchises
Many different kinds of businesses sell franchises, and
numerous types of franchises are available. Generally, though,
franchises fall into one of three classifications: distributorships,
chain-style business operations, and manufacturing
arrangements.
Distributorship
In a distributorship, a manufacturer (the franchisor) licenses a
dealer (the franchisee) to sell its product. Often, a
distributorship covers an exclusive territory. Automobile
dealerships and beer distributorships are common examples.
Chain-Style Business Operation
In a chain-style business operation, a franchise operates under a franchisor’s trade name
and is identified as a member of a select group of dealers that engage in the franchisor’s
business. The franchisee is generally required to follow standardized or prescribed methods
of operation. Often, the franchisor insists that the franchisee maintain certain standards of
performance.
In addition, the franchisee may be required to obtain materials and supplies exclusively from
the franchisor. Chipotle Mexican Grill and most other fast-food chains are examples of this
type of franchise. Chain-style franchises are also common in service-related businesses,
including real estate brokerage firms, such as Century 21, and tax-preparing services, such
as H&R Block, Inc.
Manufacturing Arrangement
In a manufacturing, or processing-plant, arrangement, the franchisor transmits to the
franchisee the essential ingredients or formula to make a particular product. The franchisee
then markets the product either at wholesale or at retail in accordance with the franchisor’s
standards. Examples of this type of franchise include Pepsi-Cola and other soft-drink
bottling companies.
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