chap1- intro, procedure

8/3/2019 CHAP1- Intro, Procedure

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INTRODUCTION


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DEFINITIONRule of civil conduct, commanding what is

right and prohibiting what is wrong,Blacktones

Concerned with establishing a framework inwhich society can operate as smoothly aspossible to avoid disputes


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ROLES OF BUSINESS LAW Create favourable legal environment for

entitys business activities.

Protect lawful rights and benefits ofconsumer, client, employee and generalsociety.

Other roles.


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SOURCES OF LAWCompare between Vietnamese and

American sources of law:

VIETNAM: constitution law and coderesolution other legal document below law

USA: constitution statutes JudicialDecisions Administrative agency orders

Note: there are 2 types of law in USA, commonlaw and equity law


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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)


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TYPES OF LAW- USA

Common law (tinl php): customs thatgradually became law. Colonist broughtconcept of law to America from England

Equity law: systems based on fairness in whichmoney damages sometimes are not sufficient.


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BUSINESS ETHICS

Ethic standards of the business subjectsduring their business activities conduct.

Personal values coming from: religiousbeliefs, individual experiences, culturalbackground, scientific knowledge

Because all people had differing

backgrounds, judgment as to what is rightand wrong vary.


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BUSINESS ETHICS

Entitys social liability: Liability 4 entitys members

Liability 4 entitys employees

Liability 4 consumers

Liability 4 society


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ETHICAL PRINCIPLES

Seriousness of consequences: laws do notreflect everything we believe about right orwrong; less serious matter are not

addressed.

Consensus of majority: law cant possiblyreflect every individuals concept of right or

wrongChange in ethical standards: behavior

evolves as society evolves


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ETHICAL PRINCIPLES

Legally enforceable: organizations havecodes of professional responsibility, andviolations provide the basis 4 penalties

Voluntary

Information security

Avoiding benefit conflict

Technical capacity


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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 itsjurisdiction.

Courts must have jurisdiction over the subject matter

of the case and jurisdiction over the personsinvolved.

Long- arm statutes: laws allowing a state to havejurisdiction over nonresidents.


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COURT SYSTEM IN VIETNAM

TAND: Supreme People Court PeopleCourts of the provinces and centrally- runcities People Courts of the rural districts.

Urban districts, provincial capital andprovincial cities

TAQS: Central military court military court

regions and the equivalent regionalmilitary courts


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The competence of VN court system 4business cases/matters is provided in CivilProcedure Code 2004 and theSupplemental & Amended Civil ProcedureCode 2011, including the followingcompetence:

competence according to case/matter

2 court level 2 territory 2 prosecutors choice


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COURT SYSTEM IN USA- FEDERAL LEVEL

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

courts


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STATE LEVEL

State supreme court state court of appeals state court of original jurisdictioninferior courts OR small claims


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COURT OFFICERS

Judge: chnh n

Bailiff: ng gitrtt ta n

Marshal: cnh st trngClerk of court: th k

Attorney: luts


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PROCEDURE TO RESOLVE BUSINESS DISPUTE IN

VN

1. Filing of suit and handling case (khikin)

2. Preparing judgment (chunb xt x)

3.

Trial of first instance (sthm)4. Trial of second instance ( phc thm)

5. Reconsideration procedure (trnh t xem xt

libn n quytnh c hiulcca tan)


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PROCEDURE IN USA

1. Filing of suit2. Summons (triutp)3. Defendant admits charges OR defendant denies

charges

4. Discovery5. Trial6. Jury selection (lachnbithmon)7. Opening statements

8. Plaintiffs evidence OR defendants evidence9. Summary of evidence10. Judges ruling (p dng cho victngt) AND jurys

verdict (tuyn n)

chap1- intro, procedure

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