| Business and Personal Law | ||
| STANDARD | SKILLS and CONCEPTS | VOCABULARY |
| BL 1 Basics of the Law: Students evaluate ethics and the law. Students assess the sources of the law in the United States and State of Indiana. Students outline the structure of the criminal and juvenile justice systems. Students evaluate procedural law. Students assess substantive law. Students will analyze the legal rules that apply to the environment and energy regulation. | BL 1.1.1 Identify consequences of unethical and illegal conduct and formulate responses to ethical dilemmas. | ethics unethical illegal Majority Rule |
| BL 1.1.2 Explain a person’s responsibility under the law | Law Code Consequence-Based Reasoning Fundamental Ethical Rules Universalizing |
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| BL
1.1.3 Compare the relationship between law, |
Business Ethics | |
| BL 1.1.4 Debate and solve difficult ethical and legal problems | Impartiality Equity |
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| BL 1.1.5 Demonstrate the way social forces may sometimes conflict | Moral Rights Civil Rights Integrity Civil Disobedience |
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| BL 1.2.1 List the most common sources of the law | Common Law Positive Law Jurisdiction Constitutional Law |
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| BL 1.2.2 Interpret the basic freedoms guaranteed by the Bill of Rights and describe several key Constitutional amendments beyond the Bill of Rights | Constitution Bill of Rights Statutes Administrative Regulations Case Law Administrative Agencies Stare Decisis Unconstitutional Validity |
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| BL 1.2.3 Classify the powers and limitations of the federal government as stated in the Constitution | ||
| BL 1.2.4 Locate, interpret, and apply specific statutes, ordinances, and administrative regulations | ||
| BL 1.2.5 Evaluate specific cases by stating the facts, finding the legal question, applying the law, and resolving the issue | ||
| BL 1.2.6 Discuss the rights to privacy including Internet and e-mail access and Internet and e-mail usage | ||
| BL 1.3.1 Compare and contrast the basic structure of the federal, state, and local court system | Court | |
| BL 1.3.2 Differentiate among cases that belong within the jurisdiction of the federal, state, and local court systems | Jurisdiction | |
| BL 1.3.3 Compare the role of the juvenile court with the role of other courts within a state | Juveniles | |
| BL
1.3.4 Distinguish among the roles of the legal professionals, such as judges,
lawyers, and paralegals |
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| BL 1.4.1 Define and explain the advantages and disadvantages of litigation and alternate dispute resolution (ADR). | Litigation | |
| BL 1.4.2 Distinguish between civil and criminal law | ||
| BL 1.4.3 Compare and contrast the steps in a civil law suit with the steps in a criminal prosecution | ||
| BL 1.4.4 Evaluate the consequences of violating criminal law and remedies available in civil law. | ||
| BL 1.5.1 Differentiate among categories of crime, such as felonies, misdemeanors, and infractions | Felony Misdemeanor Infraction |
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| BL 1.5.2 Categorize different types of crimes, such as murder, manslaughter, burglary, battery, arson, forgery, and embezzlement | Forgery Arson Battery Embezzlement |
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| BL 1.5.3 Determine several defenses to civil and criminal acts, including computer crimes, such as the insanity defense and self-defense | Self-defense | |
| BL 1.5.4 Evaluate and give examples of negligence, intentional torts, and product liability | Negligence Tort |
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| BL 1.5.5 Explain the concept of strict liability and describe the circumstances under which it is imposed | Strict Liability | |
| BL 1.5.6 Illustrate the differences between procedural and substantive law. | Procedural Law Substantive Law |
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| BL 1.5.7 Outline the various types of federal and state statutes designed to combat computer crime | ||
| BL
1.6.1 Describe the various federal statutes including National Environmental
Policy Act, The Clean Air Act, The Clean Water Act, and The Toxic Substance
Control Act that impact upon the environment |
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| BL 1.6.2 Review the various state statutes that impact the environment | statute | |
| BL 1.6.3 Describe the various federal agencies that affect energy regulation and conservation | ||
| BL 1.6 L1 Observe a live court case and connect concepts with the outcome of the case. | ||
| BL 2 Contract Law: Students discover the concepts and principles fundamental to contract law. Students evaluate the concepts and principles fundamental to sales agreements. | BL 2.1.1 List the elements required to create a contract | Contract |
| BL 2.1.2 Differentiate among classes of contracts, such as bilateral and unilateral; express and implied; and oral and written | Express Contract Implied Contract Bilateral Unilateral |
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| BL 2.1.3 Illustrate how offer and acceptance along with consideration can create contractual rights and duties | Offer Accpetance |
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| BL 2.1.4 Define and distinguish between different types of consideration and list the exceptions to the requirements of consideration | Consideration | |
| BL 2.1.5 Examine the ways that assent can be disrupted, such as fraud, non-disclosure, misrepresentation, mistake, duress, and undue influence | Fraud Duress Undue Influence |
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| BL 2.1.6 List the essential information that should be included under the statute of frauds and explain the parole evidence rule | Parole Evidence Rule | |
| BL 2.1.7 Discover the ways a contract can be discharged | ||
| BL 2.1.8 Outline breach of contract and the remedies available when a contract is breached | Breach of Contract Remedy |
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| BL 2.1.9 Assess capacity and identify people who lack contractual capacity | Capacity | |
| BL 2.1.10 Ensure contracts legality and compare unconscionability to illegality. | Unconscionable Unconscionable Contract |
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| BL 2.2.1 Distinguish between a sale of goods and other transactions relating to goods | Goods | |
| BL 2.2.2 Describe the Uniform Commercial Code (UCC) and explain why the UCC has been adopted by the states | Uniform Commercial Code | |
| BL 2.2.3 Explain when title and risk of loss pass in a sale of goods | ||
| BL 2.2.4 List and explain the remedies of the buyer and seller when the sales contract is breached | Breach of Contract Remedy |
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| BL 2.2.5 State when a contract for the sale of goods must be evidenced by a writing | Evidence | |
| BL 2.2.6 Identify various types of warranties and describe how each of the warranties may be excluded or modified | Warranty | |
| BL 2.2.7 Determine when computer-related contracts are service contracts and when they are sale of goods contracts | ||
| BL 3 Employment Law: Students analyze the role and importance of employment law as it relates to the conduct of business in the marketplace. Students analyze the role and importance of agency law as it relates to the conduct of business in the marketplace. | BL 3.1.1 Determine what questions can and cannot be asked during an employment interview or on an application | Employer Employee Employment |
| BL 3.1.2 Identify which tests, such as aptitude, psychological, polygraph, and drug testing an employee or applicant may be asked to take | ||
| BL 3.1.3 Explain the doctrine of employment-at-will and describe the wrongful discharge exceptions | Wrongful Discharge Employment-at-Will Discharge Without Cause Discharge With Cause Duty of Obedience Duty of Reasonable Skill Duty of Loyalty and Honesty Duty of Reasonable Performance |
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| BL 3.1.4 Explain the difference between disparate treatment and disparate impact in discrimination cases | Discrimination | |
| BL 3.1.5 Identify legislation that regulates employee rights, such as Title VII of the Civil Rights Act, Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act | ||
| BL
3.1.6 Identify legislation that regulates employment conditions, such as the
Fair Labor Standards Act, the Immigration Reform and Control Act, and the
Occupational Safety and Health Act |
Unfair Labor Practice | |
| BL
3.1.7 Determine legislation which guarantees worker benefits, such as
unemployment insurance legislation, pension protection legislation, workers’
compensation legislation, and social security legislation |
Worker's Compensation Payroll Deduction Unemployment Compensation |
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| BL
3.1.8 Identify legislation that regulates union activities, such as the
National Labor Relations Acts, the Taft-Hartley Act, and the Landrum-Griffin
Act and collective bargaining |
Bargaining Unit Representation Election Certification Decertification Union Shop Agency Shop Open Shop Collective Bargaining Right-to-Work Laws Deadlocked Mediation Strike Lockout Unfair Labor Practices Picketing Economic Strike Unfair Labor Practice Strike Boycott Primary Boycott Secondary Boycott Cooling-Off Period National Emergency Strike |
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| BL 3.1 L1 Evaluate specific cases by stating the facts, finding the legal question, applying the law, and resolving the issue | ||
| BL 3.1. L2 Compare and contract various employment tests used during the hiring process | ||
| BL 3.1. L3 Participate in a mock interview and classify questions as being valid or invalid employment questions | ||
| BL 3.2.1 Distinguish between an agent and individuals, such as independent contractors,real estate brokers, bailees, and trustees and the relationships created | Independent
Contractor Agent |
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| BL 3.2.2 Differentiate among the types of agents and their authority, such as express, incidental, customary, and apparent | Authority | |
| BL 3.2.3 Outline the duties of an agent and principal in the relationship | agent principal |
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| BL 3.2.4 Identify the different types of power of attorney | Power of Attorney | |
| BL 3.2.5 Describe when and how an agent or principal can become liable to a third party in a contract | Agent Principal Third Party |
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| BL 3.2.6 List and explain the methods by which an agency can be terminated | Agency | |
| BL 3.2. L1 Evaluate specific cases by stating the facts, finding the legal question, applying the law, and resolving the issue | ||
| BL 4 Personal Law: Students analyze the functions/uses of commercial paper. Students outline the legal aspects of credit. Students prioritize the concepts and functions needed to make insurance buying decisions. Students outline the processes involved in bankruptcy. Students evaluate the concepts and processes needed for estate planning including wills, powers of attorney, and medical directives. Students assess the concepts and processes needed to plan a trust. Students appraise the concepts, functions, and processes of domestic relations law. | BL 4.1.1 Explain the importance and function of commercial paper | Commercial Paper |
| BL 4.1.2 Identify and explain the essential elements of a negotiable instrument | Negotiable Instrument | |
| BL
4.1.3 Compare and contrast |
Endorsement Sight Draft Time Draft Acceptance Check Promissory Note Certificate of Deposit Collateral Note Mortgate Note Certified Check Cashier's Check Money Order Teller's Check Traveler's Check Special Indorsement Qualified Indorsement Unqualified Indorsement Restrictive Indorsement |
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| BL 4.1.4 Explain the contractual relationship between the bank and its customers | Draft Bill of Exchange Drawer Drawee Maker |
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| BL 4.1.5 Illustrate different scenarios involving stop-payment orders, forgeries and material alterations | Stop-Payment Order Honor Dishonor |
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| BL 4.1.6 Outline the Check 21 Act and its effect on banking and electronic signature | ||
| BL 4.1.7 Demonstrate an understanding of the concept of “negotiability” and distinguish it from “assignability” | ||
| BL 4.2.1 Explain the nature of a letter of credit and the liabilities of the various parties to a letter of credit | Letter of Credit | |
| BL 4.2.2 Compare and contrast the major types of collateral | Collateral | |
| BL 4.2.3 Describe a secured transaction and explain the requirements for creating a valid security interest | Collateral Secured Transaction Security Interest Right of Repossession Secured Party |
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| BL 4.2.4 Compare secured credit sales of consumer goods and secured credit sales of inventory | ||
| BL 4.2.5 Explain how a lien is created, released, and discuss lien priority | Lien | |
| BL 4.2.6 Explain the rights of the parties upon the debtor’s default | Default | |
| BL 4.2.7 Compare and contrast a contract of suretyship and a contract of guaranty | Suretyship Principal Debtor Surety Right of Contribution Guarantor |
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| BL 4.2.8 List the requirements for becoming a holder in due course and explain the rights of a holder in due course | ||
| BL 4.2.9 List and explain the universal defenses available against all holders | ||
| BL 4.3.1 Compare and contrast insurance the different types of life, property, and health insurance | Life Insurance Property Insurance Health Insurance |
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| BL 4.3.2 Differentiate between requirements for an insurable interest for property insurance with those needed for life insurance | Insurable Interest | |
| BL 4.3.3 Discuss the impact of laws on insurance | ||
| BL 4.4.1 Describe and discuss the various types of bankruptcy | Bankruptcy | |
| BL 4.4.2 Compare the differences between voluntary bankruptcy and involuntary bankruptcy cases | Voluntary Bankruptcy Involuntary Bankruptcy |
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| BL 4.4.3 Identify and discuss alternatives to bankruptcy | ||
| BL 4.4.4 Identify debts which are not extinguished by bankruptcy | ||
| BL 4.4.5 Categorize the liquidation hierarchy of asset distribution and the administration of the debtor’s estate | ||
| BL 4.4.6 Explain the future effects of bankruptcy on credit cards, revolving loans, and debit cards | ||
| BL 4.5.1 Identify the requirements necessary for a valid will | Will Testate Testator Testatrix Executor Executrix Holographic Will Nuncupative Will |
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| BL 4.5.2 Define testamentary capacity and testamentary intent | Testamentary Capacity Testamentary Intent |
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| BL 4.5.3 Distinguish between signing, attesting, and publishing a will | ||
| BL 4.5.4 Explain how a will may be modified or revoked | Codicil | |
| BL 4.5.5 Distinguish between the protection given to spouses and to children under the law of wills, including Indiana’s inheritance statutes | ||
| BL 4.5.6 Identify the responsibilities of an executor or administrator in the settlement of an estate | ||
| BL 4.5.7 Identify the rights and duties of beneficiaries | Beneficiary | |
| BL 4.5.8 Explain what happens to a decedent’s estate when a person dies without a will | Will Escheats Intestate Administrator Administratrix Estate |
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| BL 4.5.9 Describe the probating and contesting of a will | Probate Contest |
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| BL 4.5.10 Identify the key characteristics of medical directives including living wills and other types of powers of attorney | Living Will Power of Attorney |
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| BL 4.6.1 Differentiate among the various types of trusts, such as charitable, private, spendthrift, revocable, and irrevocable trusts | ||
| BL 4.6.2 Identify the powers and duties of trustees | Trustee | |
| BL 4.6.3 Explain the advantages and disadvantages of doing estate planning | Estate | |
| BL 4.7.1 Define marriage and explain the rights and obligations that are involved in marriage | Marriage Marital Consortium Adoption Bigamist |
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| BL 4.7.2 Compare and Contrast the age requirements for marriage under the laws of different states and federal legal systems | ||
| BL 4.7.3 Identify the issues and concerns that might be included in a prenuptial agreement | Prenuptial Agreement | |
| BL 4.7.4 Identify the states that recognize common law marriages versus ceremonial or civil marriages | Common Law Marriage Ceremon |
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| BL 4.7.5 Compare and Contrast annulment, divorce, and dissolution proceedings | Annulment Divorce Dissolution Voidable Marriage Void Marriage Separation |
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| BL 4.7.6 Describe the law as it relates to the distribution of property in a divorce | No-Fault Divorce | |
| BL 4.7.7 Outline the law of domestic relations as it relates to child custody, parenting time (visitation), and support | Child Custody Visitation Ailmony |
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| BL 4.7.8 Explain laws governing emancipation | Emancipation | |
| BL 5. Property Law Students analyze the legal rules that apply to personal property. Students analyze the legal rules that apply to real property. | BL 5.1.1 Define real property, personal property, and fixtures and explain why property distinctions are important | Real Property Personal Property Fixtures Goods |
| BL 5.1.2 List different methods by which property is acquired (i.e. gift law, finders/keepers law) | Accession Donor Delivery Donee Mislaid Property Occupancy |
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| BL 5.1.3 Define intellectual property and list types of intellectual property including how it relates to computer law issues | Intellectual Property Copyright Trademark Patent |
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| BL 5.1.4 Identify the forms of co-ownership of personal property | Personal Property Co-Ownership Ownership in Severalty Equal Rights of Possession Right of Partition Joint Tenancy Right of Survivorship Tenancy in Common Tenancy by the Entireties Community Property Separate Property |
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| BL 5.1.5 Explain how a bailment is created and describe the standard of care bailees are required to exercise over bailed property | Bailment Bailor Bailee Actual Bailment Constructive Bailment Custody Fungible Extraordinary Care Extraordinary Bailment Gratuitous Bailment Ordinary Care Mutual-Benefit Bailment Minimal Care Involuntary Bailment |
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| BL 5.1.6 Explain the effect of a sale-on-consignment and a sale-on-approval | Consignment Sale on Approval |
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| BL 5.1.7 Identify a common carrier’s liability for loss or damage to goods | Common Carrier Demurrage Carrier's Lien |
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| BL 5.1.8 Determine a hotel keeper’s liability | ||
| BL 5.1 L1 Evaluate specific cases by stating the facts, finding the legal question, applying the law, and resolving the issue | ||
| BL 5.2.1 Distinguish between a lease and a deed | Lease Deed |
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| BL 5.2.2 Compare liens, licenses, and easements and explain the differences | Lien License Easement |
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| BL 5.2.3 Classify the major estates in land and describe the features of each | Estate | |
| BL 5.2.4 List and describe the forms of co-ownership of real property | ||
| BL 5.2.5 Illustrate the method of transferring title (deeding) to real property | Deeding Real Property |
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| BL 5.2.6 Describe the kinds of rental relationships that landlords and tenants may create | Landlord Tenant Lease Rent Periodic Tenancy Tenancy From Month to Month Tenancy For Years Tenancy at Sufferance Tenancy at Will Assignment of a Lease Subletting |
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| BL 5.2.7 Identify federal, state, and local statutes that affect the landlord-tenant relationship | Warranty of Habitability | |
| BL 5.2.8 Explain the rights and obligations of landlords and tenants on the termination of a lease | Eviction Constructive Eviction |
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| BL 5.2.9 Describe the function of warranty and quit claim deeds | Warranty Quit Claim Deed |
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| BL 5.2.10 Determine methods of transferring real property other than by sale | Real Property | |
| BL 5.2 L1 Evaluate specific cases by stating the facts, finding the legal question, applying the law, and resolving the issue | ||