Instructor Notes.html To assist you in completing consulting assignments for TLG, it is important to review some basic concepts relevant to the legal system and constitutional law.  First, review the concept of federalism, the court system, and common law v. civil law, and the nature of law and the legal process.   Some important points are: (1)  the primary purpose of the law is to establish a set of rules and guidelines for society to promote order and to create parameters for acceptable and prohibited behavior; (2)  laws are inevitably subject to interpretation and reinterpretation by courts; (3)  laws must be reasonably specific, and yet sufficiently general, with inherent flexibility, to withstand the rigors of interpretation and the "test of time"; (4)  laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;example:   the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility (5) laws are promulgated and interpreted by human beings, and thus, are imperfect; (6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws; (7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical; (8)  U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors;  (9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation - every right granted to an individual or group, to some extent, impinges on the rights of another individual or group; (10)  legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair - this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;example:  highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice - on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians  example:  laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years - on balance, society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol (11)  the familiar symbol for law and the legal system is the ...

1. Instructor Notes.html
To assist you in completing consulting assignments for TLG, it
is important to review some basic concepts relevant to the legal
system and constitutional law.
First, review the concept of federalism, the court system, and
common law v. civil law, and the nature of law and the legal
process.
Some important points are:
(1) the primary purpose of the law is to establish a set of rules
and guidelines for society to promote order and to create
parameters for acceptable and prohibited behavior;
(2) laws are inevitably subject to interpretation and
reinterpretation by courts;
(3) laws must be reasonably specific, and yet sufficiently
general, with inherent flexibility, to withstand the rigors of
interpretation and the "test of time";
(4) laws that strike a balance as described in (3) above, usually
endure as relevant, applicable rules, even with societal changes
and reinterpretations;example: the U.S. Constitution has
withstood the test of time, partly because of an inherent balance
of specificity, generality, and flexibility
(5) laws are promulgated and interpreted by human beings, and
thus, are imperfect;
(6) some laws have a worthy purpose, but are difficult to
adequately enforce i.e. speed limit laws;
(7) all laws are not necessarily ethical; some conduct can be
legal, but considered unethical;
(8) U.S. law has a very dominant protective purpose –
protecting all citizens, as well as providing special protections
for certain groups of people, in certain circumstances, i.e.,
minors;
(9) fairness to all is a primary goal of the law, but what is fair
to one group may be unfair to another group; what is fair in one

2. situation may be unfair in another situation - every right granted
to an individual or group, to some extent, impinges on the rights
of another individual or group;
(10) legislatures enacting laws, and courts interpreting laws,
must weigh and balance the right(s) granted v. the rights
restricted by a specific law to determine if the law is justifiable
and fair - this weighing and balancing involves determining if
there a compelling public interest or purpose for the law that
justifies granting certain rights while restricting other
rights;example: highway speed limit laws protect everyone
(drivers, passengers, and pedestrians), but also restrict the
freedom of drivers to drive at a speed of their choice - on
balance, the restriction is easily justified as there is an
important purpose in protecting drivers, passengers, and
pedestrians example: laws that prohibit alcohol
consumption/purchase by minors grant rights to those 21 years
and older, and restrict rights of those under 21 years - on
balance, society, legislatures, and courts have determined this
law is justified as Society has a strong public interest in
protecting minors who may not have reached a level of maturity
and judgment to handle the right to choose to consume/purchase
alcohol
(11) the familiar symbol for law and the legal system is
the Scale of Justice showing a blindfolded lady that represents
the weighing and balancing process necessary to balance rights
v. restrictions granted and imposed by laws.
Week 1 Overview.html
Introduction to the U.S. Legal and Court Systems, Jurisdiction,
Constitutional Law, Alternative Dispute Resolution
Introduction to Law and Legal Systems
The legal system is a complex set of rules that provide a
framework of predictability and reasonable consistency and
continuity for persons and businesses. All laws have a

3. purpose. Generally, laws maintain order in Society, protect
persons and property, provide guidelines for acceptable,
mandatory and prohibited conduct, and establish parameters for
handling personal affairs as well as for business transactions
and operations. Laws are dynamic and evolve to reflect changes
in Societal needs, interests and demands. The primary sources
of US law include: the US Constitution, state constitutions,
state statutes, federal statutes, administrative law, treaties, and
Common Law (also called case law). US law is divided into
two categories, (1) criminal law, called public law, and (2) civil
law, or private law. Criminal law governs offenses considered
to be offenses against all Society in general, not just against a
specific "victim"; civil law involves private disputes and
offenses between individuals.
Courts and the Legal System, Jurisdiction
The US legal system is based on the old English Common Law
system, and thus, the US system is often called a "common law
system", meaning we derive laws from various sources such as
statutes and constitutions, but also from case decisions/rulings
that are referred to as "case law". Case law is an important
source of US law that is derived from court cases in which the
appropriate court reviews the facts, applies and interprets the
relevant law(s) to render a decision, that is, a ruling or
holding. Court decisions have the same force and effect of a
law from any other source.
There is a court system for each state, plus the District of
Columbia system, as well as a federal court system. These
court systems include trial level courts, intermediate appellate
courts, and superior/supreme courts. There are also specialty
federal level courts such as US Bankruptcy Court, US Tax
Court, Court of Federal Claims, and the Court of International
Trade. The US Supreme Court is considered the supreme
“court in the land”.
Jurisdiction refers to the legal authority of a court to hear a case
and to call parties to the case into court. The three types of
jurisdiction in courts are:Original Jurisdiction– the court that

4. gets to hear a case first. Appellate Jurisdiction– the power for a
higher court to review a lower court's
decision.Exclusive Jurisdiction– only a specific court can hear a
specific type of case.
Courts must have subject matter jurisdiction in each case it
hears, as well as personal jurisdiction or property jurisdiction
(in rem) jurisdiction in each case.
Constitutional Authority to Regulate Business
Constitutional authority of the federal and state governments to
regulate private and public conduct, and to regulate business, is
established in the U.S. Constitution. Article VI of the US
Constitution, referred to as the “supremacy clause”, establishes
the US Constitution as the supreme law of the land, and neither
the US Congress nor any state may enact a law that conflicts
with the US Constitution. Constitutional authority to regulate
business activities comes from several sources. One source of
authority derives from the Tenth Amendment that grants to the
states so-called “police powers” to regulate private activities to
protect the general health, safety, and welfare of the public.
Another source of authority comes from Article 1, Section 8, of
the US Constitution that empowers the federal government to
regulate interstate, and to some extent intrastate, commerce;
states are prohibited from enacting laws that unduly interfere
with interstate commerce and trade. The Bill of Rights protects
businesses from undue governmental interference in business
activities, but also permits some restrictive regulation related to
commercial speech, political speech and property searches and
seizures. (Clarkson, K., Miller, R., & Cross, F., 2012, pp. 74-
85)
Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) provides an alternative to
litigation and the court system in order to resolve civil
disputes. It is most useful for family disputes of all types,
neighbor and property disputes, and some employment disputes;
it is not appropriate for all types of cases. ADR is
advantageous because it can be more flexible, less costly, and

5. less time consuming than litigation. Types of ADR include
negotiation, mediation, non-binding arbitration, and binding
arbitration. With the exception of binding arbitration
agreements in labor and business contracts, parties to a dispute
may participate in ADR, but retain the legal right to go to court
if they are not satisfied with the recommendation/outcome of
ADR, or cannot agree to a final resolution of the dispute in an
ADR process.
Reference: Clarkson, K., Miller, R., & Cross, F. (2012),
Business Law Text and Cases. Mason, OH: South-Western,
Cengage Learning.
How to Cite a Saylor eBook.html
APA General Citation Rule for In-text Citations: When there is
no author given for a book, use the title of the book and the
publication date.
The title of the book should be in italics; the publisher and
publication date are not in italics.
How to cite a Saylor e-textbook or any e-textbook in an intext
citation:
(Government Regulation and the Legal Environment of
Business, 2012)
How to cite an e-textbook in the listing of References:
References
Government Regulation and the Legal Environment of
Business (2012). Saylor Academy.
Table of Contents.htmlBMGT 380 6385 Business Law I (2222)

6. - Week 1: Introduction to Law - Jan 12 - Jan 18
1. Instructor Notes
2. Week 1 Introduction
3. How to Cite a Saylor e-textbook
Learning Activity W1
Top of Form
PLEASE READ "INTRO TO 380" module in Content before
proceeding with week 1 learning activities - this is essential.
Read in Content, the module, "Policies: Learning Activities &
Discussions - Read Me!" for guidance on preparing outstanding
Learning Activities.
General Instructions for Learning Activities
· Read/watch all assigned materials listed for the week i n
Overview above
· Cite to assigned materials in all responses in Learning
Activities
· Use only assigned materials to complete Learning Activities;
do not use the internet unless otherwise instructed
· Include in-text citations and a Reference List for in-text
citations
· Write in correct, complete sentences, in paragraph format
unless otherwise instructed
· Submit Learning Activities to Assignment Folder
Review Content modules:
· Writing Introductory Sentences and Paragraphs
· Writing Concluding Paragraphs
· How to Support Arguments and Positions
Tips for Formatting and Structuring Analysis:
· Write in complete sentences in paragraph format.
· Use in-text citations citing to relevant assignment materials.
· Double-space; 12-point Arial or Times Roman font.
· Introductory Sentence: Begin with an introductory sentence or
very brief paragraph that states your conclusion to the questions

7. asked.
· Concluding Sentence: End the discussion with a concluding
sentence or a very brief paragraph that summari zes your
conclusion/what you discussed.
· Support Arguments and Positions: Please refer to the module
in Content, "How to Support Arguments and Positions".
Learning Activity:
Background Facts You Need To Know: Viral Clean (Clean) is
incorporated and located in Maryland, but it engages in business
in all Mid-Atlantic states. Clean uses its line of disinfectant and
cleaning products, and it also sells its products to other
companies via the internet.
Recently, the Delaware legislature enacted a law banning all
sales and importation, until further notice, of Clean’s Shine-It
surface cleaner in Delaware, The Delaware Attorney General's
Office investigated consumer complaints. It discovered that one
of the ingredients in Shine-It is contaminated and causes a
quick-growing mold to spread on surfaces to which it is applied.
The mold can be toxic to humans and can cause damage to
surfaces.
Clean wants to continue selling Shine-It in Delaware. If Clean
can sell Shine-It in Delaware, it will increase its income and
profits. Clean, therefore, intends to challenge the new law as
unconstitutional, and it has consulted TLG for advice.
Winnie and Ralph ask you to prepare a summary report of
relevant constitutional law for a meeting with them and Clean’s
owners.
Instructions
Report You Need to Prepare: Prepare a report that addresses the
following three questions:
1. Analyze and explain whether the Delaware restriction on the
sale of Shine-It violates the Interstate Commerce Clause.
Fully explain your conclusions based on constitutional law.
2. Analyze whether the doctrine of "police powers" derived
from the 10th Amendment of the U.S. Constitution applies to
the Delaware law.

8. Fully explain your conclusions based on constitutional law.
3. Discuss why it is essential for businesses to understand the
impact of the Interstate Commerce Clause and state police
powers.
Due Date
Jan 15, 2022 11:59 PM
Hide RubricsRubric Name: BMGT 380 Rubric for Weekly
Learning Activities - (=100%) - Spring 2022
Print Rubric
This table lists criteria and criteria group names in the first
column. The first row lists level names and includes scores if
the rubric uses a numeric scoring method. You can give
feedback on each criterion by tabbing to the add feedback
buttons in the table.Criteria
Outstanding
Above Standards
Meets Standards
Approaching or Does not meet Standards
Criterion Score
Learning Activity Analysis
60 points
Demonstrates critical analysis, in-depth and comprehensive
development of concepts, accurately identifies all issues and
their application to facts.
Shows clear evidence of having read course materials and
applying them to support conclusions.
Range: 54 - 60%
53.9 points
Demonstrates generally superior critical analysis, relatively in-
depth and comprehensive development of concepts, accurately
identifies most -not all - issues and their application to facts.
Some evidence of having read course materials and applying
them to support conclusions.
Additional development and more comprehensive analysis

9. needed.
Range: 48 - 53.9%
47.9 points
Demonstrates some to minimal critical analysis and insight into
concepts and issues, and their application to facts.
Analysis is largely superficial in one/more areas and sufficient
only to meet minimum requirements of learning activity with
little evidence of insight and/or support for conclusions.
Range: 42 - 47.9%
41.9 points
Does not meet minimal requirements for assignment.
Little to no critical analysis, comprehensive development of
concepts and issues and their application to facts.
Little to no support for conclusions.
Inferior in all areas.
Range: 0 - 41.9%
Score of Learning Activity Analysis,/ 60
Writing Clarity & Mechanics
10 points
Demonstrates clear, organized, specific comments presented in
an easy to read style that is free of grammatical, spelling, and
mechanical errors.
Range: .9 -10%
8.5 points
Demonstrates generally clear, organized, specific comments
with minor errors in grammar, and/or spelling, and or
mechanics.
Range:8 - 8.5%
7.5 points
Demonstrates generally satisfactory clear, specific comments
with errors in grammar, and/or spelling, and/or mechanics.
Range: .7 - 7.5%
6.5 points
Presentation lacks organization, clarity, accuracy with little to
no evidence of proofreading or attempt at applying proper
writing mechanics.

10. Range: 0 - 6.5%
Score of Writing Clarity & Mechanics,/ 10
APA Citation format Usage
20 points
Posts contain the appropriate APA intext citations with
Reference list in proper format. No errors are present.
Range: 18 - 20%
17.9 points
Attempts intext citations and Reference list but some errors in
formatting exist; paraphrasing is not accurate or in-text
citations are omitted where citations are warranted.
Range: .16 - 17.9%
15.9 points
Attempts intext citations or Reference list but omits one or the
other. Intext citations or Reference list reflect significant errors
or citations omitted where citations are warranted.
Range: 14 - 159%
13.9 points
No evidence of APA usage.
Range 0 - 13.9%
Score of APA Citation format Usage,/ 20
Adheres to Instructions
10 points
Fully follows instructions; completes all required parts of the
Learning Activity.
Range: 9 - 10%
8.9 points
Follows most, instructions, and/or attempts most required parts
of the Learning Activity.
Range 8 -8.9%
7.9 points
Follows some instructions but completes all critical parts of
Learning Activity.
Range 7 -7.9%
6.9 points
Fails to follow instructions and, as a result, fails to complete

11. required parts of Learning Activity.
0 - 6.9%
Score of Adheres to Instructions,/ 10
Rubric Total ScoreTotal
Score of BMGT 380 Rubric for Weekly Learning Activities -
(=100%) - Spring 2022,/ 100Criterion score has been overridden
Overall Score
Overall ScoreEquivalent to an A90 points minimum
Equivalent to a B80 points minimum
Equivalent to a C70 points minimum
Equivalent to a D - F60 points minimum
Overview: Introduction to Law, Legal Systems, Courts, and
Jurisdiction
This week's Learning Outcomes:
After completing this week's learning exercises, students will be
able to
· Discuss the nature and purposes of law
· Explain the fundamentals of the U.S. legal system
· Compare and contrast civil v. criminal law
· Describe the structure of the U.S. court system
· Discuss the concept of jurisdiction and apply it to a specific
scenario
· Analyze constitutional powers granted to governments
· Analyze state police powers
· Evaluate and apply alternative dispute resolution (ADR)
This week's learning outcomes relate to the following course
outcome(s):
· Recommend appropriate actions in the business environment
based on an understanding of law, the U.S. legal and court
systems, constitutional law, legal process and procedures, and
the interrelationship of law and business.
Major Concepts:
Constitutional Power of Governments:

12. Review the U.S. Constitution, with particular attention on the
Articles and the Bill of Rights/First Ten Amendments.
· The U.S. Constitution
https://www.archives.gov/founding-docs/constitution
Police Powers:
The U.S. Constitution grants authority and powers to the federal
government. Powers not specifically designated for the federal
government are reserved as powers for the individual states.
So-called "police powers" are reserved for the states.
· Police Powers of States
https://definitions.uslegal.com/p/police-powers/
· Examples of Police Powers of States
https://biotech.law.lsu.edu/map/ThePolicePower.html
Jurisdiction of Courts:
Jurisdiction, the authority of a court to hear a case, is an
important legal concept for business owners and managers to
understand. Jurisdiction is increasingly complex with the
expansion of e-commerce and global business.
· Jurisdiction: Definitions and Examples
https://legaldictionary.net/jurisdiction/
· Jurisdiction and Internet Sales
https://corporate.findlaw.com/law-library/jurisdiction-in-
cyberspace.html
Alternative Dispute Resolution (ADR):
Traditionally, legal disputes were resolved in the courts, but
legal alternatives for resolving disputes outside the courtroom
are increasingly popular. ADR is appropriate for certain types
of cases, e.g., disputes where there is a dispute of facts; ADR is
not appropriate for all disputes, e.g., a dispute involving a
question of constitutional law.
· Alternative Dispute Resolution (ADR)
Assigned Materials to Read/Watch:
Instructor Notes (see link below Overview)
Week 1 Introduction (see link below Overview)
How to cite an e-textbook (see link below Overview)
Note: links to assigned materials are embedded in the

13. hyperlinks below, unless otherwise noted.
Saylor: Government Regulation and the Legal Environment of
Business e-textbook:
· Chapter 1 - Introduction to Law and the Legal System
https://www.findlaw.com/adr/arbitration/arbitration-
overview.html
· Chapter 3: Courts and the Legal Process
https://saylordotorg.github.io/text_government-regulation-and-
the-legal-environment-of-business/s06-courts-and-the-legal-
process.html
· Chapter 4: Constitutional Law and U.S. Commerce
https://saylordotorg.github.io/text_government-regulation-and-
the-legal-environment-of-business/s07-constitutional-law-and-
us-comm.html
Civil v. Criminal Law
https://www.diffen.com/difference/Civil_Law_vs_Criminal_La
w
Writing Introductory Sentences and Paragraphs (see module in
Content to left of screen)
Writing Concluding Paragraphs (see module in Content to left
of screen)
How to Support Arguments and Positions (see module in
Content to left of screen)
Complete:
· Read "Introduction to 380" module in Content
· Read course syllabus in the Syllabus module in Content
· Review late policy in the Late Policy module in Content