Many legal principles impacting business operations are shaping the creation of a new legal arena sometimes referred to as cyber business law. So for example, a new product slogan on a website might seem like a company’s right to free speech under the First Amendment yet the out-of-state network provider might ban the slogan based upon its terms of service agreement. A lawsuit inevitably is triggered, and litigation leads to new law. Sometimes, these new laws can even pertain to criminal actions.
Complete the table provided; for each scenario, list 2-3 points under each category that affects that scenario.
Then, in a 500-word narrative, in APA format and using 2 scholarly resources, determine the following for each scenario: if legal action commences, would jurisdiction be in federal or state court, could a complaint be filed in civil or criminal court or both,
and what are the associated burdens of proof.
To help complete the table, and for your review, watch the following videos:
- Watch the YouTube video, “Explained: Civil Law v. Criminal Law,” retrieved from https://www.youtube.com/watch?v=dMnqtRtd7F4&feature=youtu.be
- Watch the YouTube video, “Difference Between Federal Court and State Court,” retrieved from https://www.youtube.com/watch?v=vxoKL4W31Ik
Review the following scenarios:
Scenario One: You purchase a $76,000 pencil drawing from an online art dealer in another state who claims it is an original Andy Warhol work. You later discover that the art piece is not an original work but a photocopy.
Scenario Two: Jane hires Bob, a local web designer, to create a web-page for her small business. She pays him $5,000 to do the work via a clickwrap agreement (I accept; I agree) that appeared on Bob’s web design website and which Jane clicked. There is no signature and no paper on record.
Scenario Three: Shannon became upset when a competing bakery owner went onto a community online message board and made false statements about Shannon’s kitchen facilities being unsanitary. This resulted in the loss of many of Shannon’s customers.