The links below are designed for print; more screen reader friendly documents can be found on the Students: Additional Lumen Resources page.<\/p>
<\/b>The law as we defined it\u00a0is a set of\u00a0rules<\/span>\u00a0of\u00a0conduct<\/span>\u00a0or\u00a0procedure<\/span>\u00a0established<\/span>\u00a0by\u00a0custom,<\/span>\u00a0agreement,<\/span>\u00a0or\u00a0authority. It refers to the entire <\/span>body<\/span>\u00a0of\u00a0rules<\/span>\u00a0and<\/span>\u00a0principles<\/span>\u00a0governing<\/span>\u00a0the<\/span>\u00a0affairs<\/span>\u00a0of a\u00a0community<\/span>\u00a0and<\/span>\u00a0enforced<\/span>\u00a0by a\u00a0political<\/span>\u00a0authority. The main purposes of the law are to establish standards, maintain order, resolve disputes, and protect liberties and rights.\u00a0<\/span><\/p>\r\n There are different sources of law in the U.S. legal system. The U.S. Constitution is foundational; U.S. statutory and common law must be consistent\u00a0with its provisions. Congress creates statutory law (with the signature of the president), and the courts interpret both statutory and constitutional law. Where there is neither constitutional law nor statutory law, the courts function in the realm of common law.<\/p>\r\n In common law jurisdictions, a tort is a civil wrong that unfairly causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.\u00a0To establish a tort and seek damages, harm must be caused either intentionally or through negligence. Intentional torts involve deliberate actions resulting in harm, while negligence arises from an unintentional failure to exercise reasonable care. Negligence cases require proving duty of care, breach, actual causation, proximate causation, and damage, but do not apply to unavoidable accidents.<\/p>\r\n Strict liability holds manufacturers or sellers responsible for harm caused by inherently dangerous products or activities without requiring proof of negligence or intent.\u00a0Product liability is the area of law in which product manufacturers, distributors, and sellers are held responsible for the injuries caused by their products.<\/p>\r\n When someone\u00a0pursues a claim under a tort, the goal (or legal remedy) is\u00a0usually the award of damages. Damages are an award, typically of money, to be paid to a person as compensation for loss or injury.<\/p>\r\n Intellectual property\u00a0refers to creations of the mind\u2014creative works or ideas embodied in a form that can be shared or enable others to recreate, emulate, or manufacture them. There are three\u00a0main ways to protect intellectual property: patents,\u00a0trademarks, and\u00a0copyrights.<\/p>\r\n Every transaction in business creates a contract (agreement) between the parties. A contract can be an\u00a0express contract<\/strong>,\u00a0which specifies the terms of the agreement in either written or spoken words, or an\u00a0implied contract<\/strong>, which depends on the acts and conduct of the parties to show agreement.<\/p>\r\n In order to determine whether a valid, enforceable contract exists, the following questions must be answered: (1) Did the parties reach an agreement? (2) Was consideration present? (3) Was the agreement legal? (4) Did the parties have the capacity to make a contract? (5) Was the agreement in the proper form?<\/p>\r\n A warranty is a contract that promises goods or services will meet certain standards, creating a legal obligation and liability, and can be express or implied, providing remedies if the product or service fails to meet those standards.<\/p>\r\n Remedies available against someone who breaches a contract include damages, specific performance, and restitution. Frequently, the party who is not in breach must choose between tort and contract remedies.<\/p>\r\n A range of\u00a0laws regulate consumer affairs, and their aim is to protect consumers from unscrupulous business practices or potentially dangerous products. Some\u00a0of the most far-reaching consumer protection laws are the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Federal Food, Drug, and Cosmetics Act, and the Uniform Deceptive Trade Practices Act.<\/p>\r\n Antitrust legislation is another kind of consumer protection that aims to prevent unfair business practices that limit competition or control prices. The three core federal antitrust laws are the Sherman Act, the Federal Trade Commission Act, and the Clayton Act.<\/p>\r\n Being skilled in equity and inclusion involves demonstrating awareness and respectful engagement with individuals from diverse cultures, actively challenging exclusionary systems and policies, and anticipating professional interactions with people from various backgrounds. It is important for understanding and collaborating with colleagues, maintaining productive relationships with stakeholders, and speaking up against unfair practices that hinder equal opportunities.<\/p>\r\n actual causation<\/strong><\/p>\r\n breach of duty of care caused the harm; except for the breach, the harm would not have happened<\/p>\r\n antitrust legislation<\/strong><\/p>\r\n laws that create and maintain a competitive market that results in lower prices, higher quality, more choice, and more innovation<\/p>\r\n breach<\/strong><\/p>\r\n failing to meet the duty of care<\/p>\r\n breach of contract<\/strong><\/p>\r\n when one party to a contract fails to fulfill the terms of the agreement and has no legal excuse for failing to act<\/p>\r\n common law<\/strong><\/p>\r\n law made through judicial rulings<\/p>\r\n compensatory damages<\/strong><\/p>\r\n compensates for the wrong and restores the plaintiff to their original position<\/p>\r\n consideration<\/strong><\/p>\r\n exchange of value<\/p>\r\n contract<\/strong><\/p>\r\n an agreement between parties that contains details about the performance of a specified action that is enforceable by law<\/p>\r\n copyright<\/strong><\/p>\r\n gives creators of literary, dramatic, musical, artistic, and intellectual works the exclusive right to their original work for a limited time whether the work is published or not<\/p>\r\n damages<\/strong><\/p>\r\n monetary payment to correct a wrong<\/p>\r\n damage<\/strong><\/p>\r\n the injury or other loss caused by the breach of duty of care<\/p>\r\n design defect<\/strong><\/p>\r\n the manufacturer\u2019s design is inherently dangerous or defective<\/p>\r\n design patent<\/strong><\/p>\r\n are based on an item\u2019s appearance and prevent unauthorized use of a product design or design element<\/p>\r\n duty of care<\/strong><\/p>\r\n legal responsibility to another person<\/p>\r\n equity and inclusion<\/strong><\/p>\r\n demonstrating the awareness and ability to respectfully engage and include people from different local and global cultures while also actively challenging the systems and policies that are unfairly exclusionary<\/p>\r\n express contract<\/strong><\/p>\r\n specifies the terms of the agreement in either written or spoken words<\/p>\r\n express warranty<\/strong><\/p>\r\n are specific statements of fact or promises about a product by the seller<\/p>\r\n failure to warn defect<\/strong><\/p>\r\n the manufacturer or seller failed to provide adequate instructions regarding the product\u2019s use or warn the buyer of the potential danger of misuse<\/p>\r\n implied contract<\/strong><\/p>\r\n depends on the acts and conduct of the parties to show agreement<\/p>\r\n implied warranty<\/strong><\/p>\r\n guarantees are imposed on sales transactions by statute or court decision<\/p>\r\n intellectual property<\/strong><\/p>\r\n an intangible asset<\/p>\r\n intentional tort<\/strong><\/p>\r\n a wrongful act that is deliberately done and causes harm<\/p>\r\n laws<\/strong><\/p>\r\n the rules of conduct created and enforced by a controlling authority, usually the government<\/p>\r\n legal capacity<\/strong><\/p>\r\n to enter into a contract, a person has to be at least 18 and of sound mind<\/p>\r\n legality<\/strong><\/p>\r\n the purpose of a contract must be legal<\/p>\r\n manufacturing defect<\/strong><\/p>\r\n the defect results from a failure in the manufacturing and\/or quality control process<\/p>\r\n negligence<\/strong><\/p>\r\n a wrong that occurs when reasonable care is not taken for the safety of others<\/p>\r\n offer and acceptance<\/strong><\/p>\r\n one side proposes details and the other agrees<\/p>\r\n patent<\/strong><\/p>\r\n gives the holder of the patent the exclusive right to the invention for a limited period of time<\/p>\r\n payment of damages<\/strong><\/p>\r\n money awarded to the party who was harmed by the breach of contract, to cover losses incurred because the contract wasn\u2019t fulfilled<\/p>\r\n plant patent<\/strong><\/p>\r\n protects new varieties of plants<\/p>\r\n precedence<\/strong><\/p>\r\n requires judges to decide a dispute based on previous decisions in cases with similar facts<\/p>\r\n product liability<\/strong><\/p>\r\n manufacturers\u2019 and sellers\u2019 responsibility for defects in the products they make and sell<\/p>\r\n proximate causation<\/strong><\/p>\r\n the harm caused by the breach of duty of care is foreseeable<\/p>\r\n punitive damages<\/strong><\/p>\r\n awarded in cases where the defendant\u2019s actions were so unacceptable that the additional payment is meant to deter the defendant from repeating the actions in the future<\/p>\r\n restitution<\/strong><\/p>\r\n canceling the contract and returning to the situation that existed before the contract<\/p>\r\n service mark<\/strong><\/p>\r\n a trademark that represents a service rather than goods<\/p>\r\n specific performance<\/strong><\/p>\r\n a court order requiring the breaching party to perform the duties under the terms of the contract<\/p>\r\n statutory law<\/strong><\/p>\r\n laws that come from the legislative branch of the government<\/p>\r\n strict liability<\/strong><\/p>\r\n a manufacturer or seller having responsibility for harm solely because the product or activity is ultrahazardous<\/p>\r\n tort<\/strong><\/p>\r\n an act that harms other people or their property where the victim may sue to recover damages for the harm<\/p>\r\n trademarks<\/strong><\/p>\r\n any word, phrase, symbol, design, or a combination of these things that identifies goods or services; a business\u2019 brand<\/p>\r\n utility patent<\/strong><\/p>\r\n protects how inventions work whether they are processes, machines, goods, the particular way an item is made, and any improvements<\/p>\r\n warranty<\/strong><\/p>\r\n a promise that goods sold will meet certain standards<\/p>","rendered":" The links below are designed for print; more screen reader friendly documents can be found on the Students: Additional Lumen Resources page.<\/p>\n <\/b>The law as we defined it\u00a0is a set of\u00a0rules<\/span>\u00a0of\u00a0conduct<\/span>\u00a0or\u00a0procedure<\/span>\u00a0established<\/span>\u00a0by\u00a0custom,<\/span>\u00a0agreement,<\/span>\u00a0or\u00a0authority. It refers to the entire <\/span>body<\/span>\u00a0of\u00a0rules<\/span>\u00a0and<\/span>\u00a0principles<\/span>\u00a0governing<\/span>\u00a0the<\/span>\u00a0affairs<\/span>\u00a0of a\u00a0community<\/span>\u00a0and<\/span>\u00a0enforced<\/span>\u00a0by a\u00a0political<\/span>\u00a0authority. The main purposes of the law are to establish standards, maintain order, resolve disputes, and protect liberties and rights.\u00a0<\/span><\/p>\n There are different sources of law in the U.S. legal system. The U.S. Constitution is foundational; U.S. statutory and common law must be consistent\u00a0with its provisions. Congress creates statutory law (with the signature of the president), and the courts interpret both statutory and constitutional law. Where there is neither constitutional law nor statutory law, the courts function in the realm of common law.<\/p>\n In common law jurisdictions, a tort is a civil wrong that unfairly causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.\u00a0To establish a tort and seek damages, harm must be caused either intentionally or through negligence. Intentional torts involve deliberate actions resulting in harm, while negligence arises from an unintentional failure to exercise reasonable care. Negligence cases require proving duty of care, breach, actual causation, proximate causation, and damage, but do not apply to unavoidable accidents.<\/p>\n Strict liability holds manufacturers or sellers responsible for harm caused by inherently dangerous products or activities without requiring proof of negligence or intent.\u00a0Product liability is the area of law in which product manufacturers, distributors, and sellers are held responsible for the injuries caused by their products.<\/p>\n When someone\u00a0pursues a claim under a tort, the goal (or legal remedy) is\u00a0usually the award of damages. Damages are an award, typically of money, to be paid to a person as compensation for loss or injury.<\/p>\n Intellectual property\u00a0refers to creations of the mind\u2014creative works or ideas embodied in a form that can be shared or enable others to recreate, emulate, or manufacture them. There are three\u00a0main ways to protect intellectual property: patents,\u00a0trademarks, and\u00a0copyrights.<\/p>\n Every transaction in business creates a contract (agreement) between the parties. A contract can be an\u00a0express contract<\/strong>,\u00a0which specifies the terms of the agreement in either written or spoken words, or an\u00a0implied contract<\/strong>, which depends on the acts and conduct of the parties to show agreement.<\/p>\n In order to determine whether a valid, enforceable contract exists, the following questions must be answered: (1) Did the parties reach an agreement? (2) Was consideration present? (3) Was the agreement legal? (4) Did the parties have the capacity to make a contract? (5) Was the agreement in the proper form?<\/p>\n A warranty is a contract that promises goods or services will meet certain standards, creating a legal obligation and liability, and can be express or implied, providing remedies if the product or service fails to meet those standards.<\/p>\n Remedies available against someone who breaches a contract include damages, specific performance, and restitution. Frequently, the party who is not in breach must choose between tort and contract remedies.<\/p>\n A range of\u00a0laws regulate consumer affairs, and their aim is to protect consumers from unscrupulous business practices or potentially dangerous products. Some\u00a0of the most far-reaching consumer protection laws are the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Federal Food, Drug, and Cosmetics Act, and the Uniform Deceptive Trade Practices Act.<\/p>\n Antitrust legislation is another kind of consumer protection that aims to prevent unfair business practices that limit competition or control prices. The three core federal antitrust laws are the Sherman Act, the Federal Trade Commission Act, and the Clayton Act.<\/p>\n Being skilled in equity and inclusion involves demonstrating awareness and respectful engagement with individuals from diverse cultures, actively challenging exclusionary systems and policies, and anticipating professional interactions with people from various backgrounds. It is important for understanding and collaborating with colleagues, maintaining productive relationships with stakeholders, and speaking up against unfair practices that hinder equal opportunities.<\/p>\n actual causation<\/strong><\/p>\n breach of duty of care caused the harm; except for the breach, the harm would not have happened<\/p>\n antitrust legislation<\/strong><\/p>\n laws that create and maintain a competitive market that results in lower prices, higher quality, more choice, and more innovation<\/p>\n breach<\/strong><\/p>\n failing to meet the duty of care<\/p>\n breach of contract<\/strong><\/p>\n when one party to a contract fails to fulfill the terms of the agreement and has no legal excuse for failing to act<\/p>\n common law<\/strong><\/p>\n law made through judicial rulings<\/p>\n compensatory damages<\/strong><\/p>\n compensates for the wrong and restores the plaintiff to their original position<\/p>\n consideration<\/strong><\/p>\n exchange of value<\/p>\n contract<\/strong><\/p>\n an agreement between parties that contains details about the performance of a specified action that is enforceable by law<\/p>\n copyright<\/strong><\/p>\n gives creators of literary, dramatic, musical, artistic, and intellectual works the exclusive right to their original work for a limited time whether the work is published or not<\/p>\n damages<\/strong><\/p>\n monetary payment to correct a wrong<\/p>\n damage<\/strong><\/p>\n the injury or other loss caused by the breach of duty of care<\/p>\n design defect<\/strong><\/p>\n the manufacturer\u2019s design is inherently dangerous or defective<\/p>\n design patent<\/strong><\/p>\n are based on an item\u2019s appearance and prevent unauthorized use of a product design or design element<\/p>\n duty of care<\/strong><\/p>\n legal responsibility to another person<\/p>\n equity and inclusion<\/strong><\/p>\n demonstrating the awareness and ability to respectfully engage and include people from different local and global cultures while also actively challenging the systems and policies that are unfairly exclusionary<\/p>\n express contract<\/strong><\/p>\n specifies the terms of the agreement in either written or spoken words<\/p>\n express warranty<\/strong><\/p>\n are specific statements of fact or promises about a product by the seller<\/p>\n failure to warn defect<\/strong><\/p>\n the manufacturer or seller failed to provide adequate instructions regarding the product\u2019s use or warn the buyer of the potential danger of misuse<\/p>\n implied contract<\/strong><\/p>\n depends on the acts and conduct of the parties to show agreement<\/p>\n implied warranty<\/strong><\/p>\n guarantees are imposed on sales transactions by statute or court decision<\/p>\n intellectual property<\/strong><\/p>\n an intangible asset<\/p>\n intentional tort<\/strong><\/p>\n a wrongful act that is deliberately done and causes harm<\/p>\n laws<\/strong><\/p>\n the rules of conduct created and enforced by a controlling authority, usually the government<\/p>\n legal capacity<\/strong><\/p>\n to enter into a contract, a person has to be at least 18 and of sound mind<\/p>\n legality<\/strong><\/p>\n the purpose of a contract must be legal<\/p>\n manufacturing defect<\/strong><\/p>\n the defect results from a failure in the manufacturing and\/or quality control process<\/p>\n negligence<\/strong><\/p>\n a wrong that occurs when reasonable care is not taken for the safety of others<\/p>\n offer and acceptance<\/strong><\/p>\n one side proposes details and the other agrees<\/p>\n patent<\/strong><\/p>\n gives the holder of the patent the exclusive right to the invention for a limited period of time<\/p>\n payment of damages<\/strong><\/p>\n money awarded to the party who was harmed by the breach of contract, to cover losses incurred because the contract wasn\u2019t fulfilled<\/p>\n plant patent<\/strong><\/p>\n protects new varieties of plants<\/p>\n precedence<\/strong><\/p>\n requires judges to decide a dispute based on previous decisions in cases with similar facts<\/p>\n product liability<\/strong><\/p>\n manufacturers\u2019 and sellers\u2019 responsibility for defects in the products they make and sell<\/p>\n proximate causation<\/strong><\/p>\n the harm caused by the breach of duty of care is foreseeable<\/p>\n punitive damages<\/strong><\/p>\n awarded in cases where the defendant\u2019s actions were so unacceptable that the additional payment is meant to deter the defendant from repeating the actions in the future<\/p>\n restitution<\/strong><\/p>\n canceling the contract and returning to the situation that existed before the contract<\/p>\n service mark<\/strong><\/p>\n a trademark that represents a service rather than goods<\/p>\n specific performance<\/strong><\/p>\n a court order requiring the breaching party to perform the duties under the terms of the contract<\/p>\n statutory law<\/strong><\/p>\n laws that come from the legislative branch of the government<\/p>\n strict liability<\/strong><\/p>\n a manufacturer or seller having responsibility for harm solely because the product or activity is ultrahazardous<\/p>\n tort<\/strong><\/p>\n an act that harms other people or their property where the victim may sue to recover damages for the harm<\/p>\n trademarks<\/strong><\/p>\n any word, phrase, symbol, design, or a combination of these things that identifies goods or services; a business\u2019 brand<\/p>\n utility patent<\/strong><\/p>\n protects how inventions work whether they are processes, machines, goods, the particular way an item is made, and any improvements<\/p>\n warranty<\/strong><\/p>\n a promise that goods sold will meet certain standards<\/p>\n","protected":false},"author":21,"menu_order":1,"template":"","meta":{"_candela_citation":"[{\"type\":\"cc\",\"description\":\"Putting It Together: Legal Environment\",\"author\":\"Linda Williams and Lumen 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Law<\/h3>\r\n
Intellectual Property<\/h3>\r\n
What is a Contract?<\/h3>\r\n
Consumer Protection and Antitrust Laws<\/h3>\r\n
Career Connection: Equity and Inclusion<\/h3>\r\n
Glossary<\/h2>\r\n
Download a pdf of this page here.<\/a><\/h4>\n
Download the Spanish version here.<\/a><\/h4>\n
Essential Concepts<\/h2>\n
Understanding Law<\/h3>\n
Tort Law<\/h3>\n
Intellectual Property<\/h3>\n
What is a Contract?<\/h3>\n
Consumer Protection and Antitrust Laws<\/h3>\n
Career Connection: Equity and Inclusion<\/h3>\n
Glossary<\/h2>\n