INTRODUCTION

DEFINITION
Rule of civil conduct, commanding what is right and prohibiting what is wrong, Blacktones Concerned with establishing a framework in which society can operate as smoothly as possible to avoid disputes

ROLES OF BUSINESS LAW

Create favourable legal environment for entitys business activities. Protect lawful rights and benefits of consumer, client, employee and general society. Other roles.

SOURCES OF LAW
Compare between Vietnamese and American sources of law: VIETNAM: constitution law and code resolution other legal document below law USA: constitution statutes Judicial Decisions Administrative agency orders Note: there are 2 types of law in USA, common law and equity law

IN USA

Constitution:
Federal, State, Local Bill of Rights ( tuyen ngon ve cac quyen)

Statute Judical decisions: (dua vao nhung phan quyet cua toa an doi voi nhung vu an tien le truoc)

Precedents Stare decisions

Administrative agency orders: (kien nghi cua co quan hanh chinh dia Phuong)

TYPES OF LAW- USA

Common law (tin l php): customs that gradually became law. Colonist brought concept of law to America from England Equity law: systems based on fairness in which money damages sometimes are not sufficient.

BUSINESS ETHICS
Ethic standards of the business subjects during their business activities conduct. Personal values coming from: religious beliefs, individual experiences, cultural background, scientific knowledge Because all people had differing backgrounds, judgment as to what is right and wrong vary.

BUSINESS ETHICS

Entitys social liability:

Liability

4 entitys members Liability 4 entitys employees Liability 4 consumers Liability 4 society

ETHICAL PRINCIPLES
Seriousness of consequences: laws do not reflect everything we believe about right or wrong; less serious matter are not addressed. Consensus of majority: law cant possibly reflect every individuals concept of right or wrong Change in ethical standards: behavior evolves as society evolves

ETHICAL PRINCIPLES

Legally enforceable: organizations have codes of professional responsibility, and violations provide the basis 4 penalties
Voluntary

Information

security Avoiding benefit conflict Technical capacity

COURT AND COURT PROCEDURE

Functions of the court:

To judge cases relating to fields such as civil, labor, business, crime, administration, etc. To interpret the law ( just USA) The power or authority of a court to hear cases is called its jurisdiction. Courts must have jurisdiction over the subject matter of the case and jurisdiction over the persons involved. Long- arm statutes: laws allowing a state to have jurisdiction over nonresidents.

COURT SYSTEM IN VIETNAM

TAND: Supreme People Court People Courts of the provinces and centrally- run cities People Courts of the rural districts. Urban districts, provincial capital and provincial cities TAQS: Central military court military court regions and the equivalent regional military courts

The competence of VN court system 4 business cases/matters is provided in Civil Procedure Code 2004 and the Supplemental & Amended Civil Procedure Code 2011, including the following competence: competence according to case/matter 2 court level 2 territory 2 prosecutors choice

COURT SYSTEM IN USA- FEDERAL LEVEL

US Supreme Court: decisions are binding to all other courts US court of Appeals special federal court OR federal district courts

STATE LEVEL

State supreme court state court of appeals state court of original jurisdiction inferior courts OR small claims

COURT OFFICERS
Judge: chnh n Bailiff: ng gi trt t ta n Marshal: cnh st trng Clerk of court: th k Attorney: lut s

PROCEDURE TO RESOLVE BUSINESS DISPUTE IN VN

1.

2.
3. 4. 5.

Filing of suit and handling case (khi kin) Preparing judgment (chun b xt x) Trial of first instance (s thm) Trial of second instance ( phc thm) Reconsideration procedure (trnh t xem xt li bn n quyt nh c hiu lc ca ta n)

PROCEDURE IN USA
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Filing of suit Summons (triu tp) Defendant admits charges OR defendant denies charges Discovery Trial Jury selection (la chn bi thm on) Opening statements Plaintiffs evidence OR defendants evidence Summary of evidence Judges ruling (p dng cho vic tng t) AND jurys verdict (tuyn n)