This document discusses key concepts related to the nature of law including:
1) It outlines different types and sources of law such as constitutions, statutes, common law, administrative law, treaties, and ordinances.
2) It describes important legal doctrines like stare decisis, equity, and federal supremacy.
3) It classifies law into public law, private law, criminal law, civil law, substantive law, and procedural law.
4) It discusses jurisprudential philosophies like legal positivism, natural law, and legal realism and how they influence legal reasoning.
5) It provides examples of key cases that illustrate statutory interpretation, limitations on judicial power
The document outlines different types and classifications of law including constitutions, statutes, common law, equity, administrative regulations, treaties, ordinances, and executive orders. It discusses jurisprudential philosophies like legal positivism and natural law. It also covers legal reasoning techniques, precedent, and statutory interpretation.
The document provides an overview of Indian law, including:
1) It discusses the nature, sources, classification and functions of law in India. Key points include that law affects most aspects of life and aims to maintain order and deliver justice.
2) It outlines the key features and provisions of the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) which establish the processes for civil and criminal disputes respectively.
3) It discusses the roles and powers of different courts and tribunals in India, as well as the investigation process and types of sentences that can be passed under the CrPC.
Criminal law prohibits harmful acts through statutes and common law. It aims to protect the public from harm by punishing crimes that have occurred and preventing future harms. For an act to be considered a crime, it must violate a criminal law, be intentional, and have a prescribed punishment. Crimes vary in severity from mala in se offenses that are inherently wrong to mala prohibita offenses that are crimes due to restrictions placed on them. Criminal law is subject to constitutional limitations and requirements of due process and prohibitions on things like ex post facto laws and cruel and unusual punishment.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
Law is defined in various ways but generally refers to a system of rules that regulates behavior and is enforced through social institutions. The document discusses different perspectives on law, including definitions from legal theorists like Jean Jacques Rousseau, John Austin, HLA Hart, and Roscoe Pound. It also outlines the key functions of law in guiding activities, enforcing rules, and maintaining order and justice. The sources and evolution of law are explored, such as through custom, religion, judicial decisions, and legislation. Different types of law are also introduced, including public law, private law, substantive law, and procedural law.
This document provides an overview of key concepts in law. It defines law as rules and regulations enforced by a legislature to govern society. It discusses different types of law including constitutional law, criminal law, civil law, and more. Key differences between civil and criminal law are outlined. Sources of law are explored, including legislation, judicial precedents, equity, religion, and customs. Specific laws and court cases are referenced as examples. Classification of laws and an overview of the Sri Lankan legal system are also summarized.
The document discusses key concepts of the English legal system including separation of powers, parliamentary sovereignty, and the uncodified UK constitution. It explains that the UK has an unwritten constitution drawn from statutes, common law, and other sources. The judiciary is responsible for interpreting and applying the law, though judicial review is weaker than other systems due to the lack of a codified constitution. Judges are appointed by the government but have security of tenure and are expected to remain politically neutral. The hierarchy of courts and judges in England and Wales is also outlined.
This document provides an overview of IRAC and CREAC, which are frameworks for legal analysis and writing. It discusses the components of each framework - Issue, Rule, Analysis/Application, and Conclusion for IRAC, and adding an Explanation section for CREAC. It provides examples and guidance on how to structure legal discussions and proofs using these methods, emphasizing deductive reasoning from general rules to specific applications and focusing the analysis on relevant facts.
The document outlines different types and classifications of law including constitutions, statutes, common law, equity, administrative regulations, treaties, ordinances, and executive orders. It discusses jurisprudential philosophies like legal positivism and natural law. It also covers legal reasoning techniques, precedent, and statutory interpretation.
The document provides an overview of Indian law, including:
1) It discusses the nature, sources, classification and functions of law in India. Key points include that law affects most aspects of life and aims to maintain order and deliver justice.
2) It outlines the key features and provisions of the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) which establish the processes for civil and criminal disputes respectively.
3) It discusses the roles and powers of different courts and tribunals in India, as well as the investigation process and types of sentences that can be passed under the CrPC.
Criminal law prohibits harmful acts through statutes and common law. It aims to protect the public from harm by punishing crimes that have occurred and preventing future harms. For an act to be considered a crime, it must violate a criminal law, be intentional, and have a prescribed punishment. Crimes vary in severity from mala in se offenses that are inherently wrong to mala prohibita offenses that are crimes due to restrictions placed on them. Criminal law is subject to constitutional limitations and requirements of due process and prohibitions on things like ex post facto laws and cruel and unusual punishment.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
Law is defined in various ways but generally refers to a system of rules that regulates behavior and is enforced through social institutions. The document discusses different perspectives on law, including definitions from legal theorists like Jean Jacques Rousseau, John Austin, HLA Hart, and Roscoe Pound. It also outlines the key functions of law in guiding activities, enforcing rules, and maintaining order and justice. The sources and evolution of law are explored, such as through custom, religion, judicial decisions, and legislation. Different types of law are also introduced, including public law, private law, substantive law, and procedural law.
This document provides an overview of key concepts in law. It defines law as rules and regulations enforced by a legislature to govern society. It discusses different types of law including constitutional law, criminal law, civil law, and more. Key differences between civil and criminal law are outlined. Sources of law are explored, including legislation, judicial precedents, equity, religion, and customs. Specific laws and court cases are referenced as examples. Classification of laws and an overview of the Sri Lankan legal system are also summarized.
The document discusses key concepts of the English legal system including separation of powers, parliamentary sovereignty, and the uncodified UK constitution. It explains that the UK has an unwritten constitution drawn from statutes, common law, and other sources. The judiciary is responsible for interpreting and applying the law, though judicial review is weaker than other systems due to the lack of a codified constitution. Judges are appointed by the government but have security of tenure and are expected to remain politically neutral. The hierarchy of courts and judges in England and Wales is also outlined.
This document provides an overview of IRAC and CREAC, which are frameworks for legal analysis and writing. It discusses the components of each framework - Issue, Rule, Analysis/Application, and Conclusion for IRAC, and adding an Explanation section for CREAC. It provides examples and guidance on how to structure legal discussions and proofs using these methods, emphasizing deductive reasoning from general rules to specific applications and focusing the analysis on relevant facts.
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
Civil law governs private relations between members of a community and excludes criminal, military, and religious matters. There are three main types of civil law: general law applies territorially to all people and things within a country; special law applies to specific places, groups, or situations but not universally; and constitutional law defines the structure of a state's government and protects citizens' basic rights.
Analytical legal positivism is an influential school of legal theory that views law as commands from the state rather than being connected to morality. [1] Jeremy Bentham and John Austin were two of the most important early exponents of this view. [2] Bentham believed that law could be analyzed based on its source, subjects, objects, extent, aspect, force, and expression. Austin built upon Bentham's ideas and is considered the founder of the analytical school, viewing law as commands from a sovereign. [3] Both philosophers made important contributions to the positivist view that law and morality should be separated.
Criminal law deals with offenses against society and aims to punish offenders through fines or imprisonment. It has a high burden of proof of "beyond reasonable doubt". Civil law deals with individuals' rights and duties toward each other, and violations of these duties constitute torts. Civil cases have a lower burden of proof of "balance of probabilities" and seek to remedy wrongs through compensation. Common law comprises established customs and precedents set in past court rulings, while statute law consists of legislation passed by Parliament.
Law is a system of rules that govern a society and are enforced through the criminal justice system. Law can be defined in several ways including as the body of principles recognized and applied by the state in administering justice. Law is classified into international law, public law, and private law. International law governs relationships between countries while public law involves the state and includes constitutional, administrative, and criminal law. Private law concerns relationships between individuals and covers areas like contracts, torts, and property law.
This document provides an introduction to the topic of jurisprudence. It defines jurisprudence as the study of fundamental legal principles and their philosophical, historical, and social basis. It discusses different definitions of jurisprudence provided by various legal scholars. It also outlines the scope and significance of jurisprudence, and explains how jurisprudence is related to other disciplines like sociology, psychology, ethics, economics, history, and politics.
Property law governs ownership rights over things that can be possessed. There are different types of property including movable and immovable, tangible and intangible, and private and public. As owners, individuals have certain core rights over their property including the right to possess, use, exclude others, and transfer their property. Property can be acquired through purchase, inheritance, accession, confusion, gift or finding lost property. Property law establishes and protects these ownership rights.
This document provides definitions and classifications of business law concepts. It discusses what law is, the different types of laws, and business entities. It defines law and discusses its four principal functions. It describes the different classifications of laws such as written vs unwritten, national vs international, public vs private, substantive vs procedural, criminal vs civil. It also defines common business law terms related to contracts, business organizations, and commercial transactions.
Criminal law defines criminal conduct, specifies punishments, and regulates investigation and prosecution of suspected criminals. A crime requires both a wrongful act and criminal intent. Crimes are considered wrongs against society and are prosecuted by the government as the representative of society. The criminal law originated from primitive tribal customs and has developed through various legal codes, common law, and statutory law.
The document discusses the sociological school of jurisprudence. It examines the study of law in relation to society from the perspectives of legal sociologists and sociological jurists. Some key points:
- Legal sociologists view law as part of society and study how it influences social behavior, while sociological jurists study how law functions in society and the tools of legal practice.
- The sociological approach looks at law's functions in the community, emphasizes social duties over individual rights, and views law as a social phenomenon that can only be understood in its social context.
- Prominent thinkers discussed include Roscoe Pound, who advocated for interpreting and applying law in a way that takes social facts into account,
LLB LAW NOTES ON JURISPRUDENCE
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
This document provides an overview of key concepts in Indian criminal law including the Indian Penal Code. It discusses provisions related to jurisdiction, offenses committed by public officials, and general explanations of terms like dishonestly, fraudulently, and intention. It also covers principles of penal law such as nulla poena sine lege and mens rea. Specific topics examined include burden of proof, terrorism laws, knowledge, negligence, and motive versus intention. The document provides case law examples to illustrate interpretations of these legal concepts.
This document discusses precedents in Indian law. It defines precedent as a legal principle or rule created by a court to guide future similar cases. There are authoritative and persuasive precedents. The doctrine of stare decisis requires subordinate courts to follow Supreme Court rulings. Precedents provide predictability and fairness but researching numerous precedents can be tedious. Some landmark Indian cases that created important precedents include Vishakha v. State of Rajasthan on sexual harassment and PUCL v. Union of India on the right to food.
Natural law refers to universal moral principles that govern human behavior. This presentation discusses the history and evolution of natural law from ancient Greece and Rome to modern times. It notes that natural law was distinguished from positive law in ancient times. Major philosophers like Aristotle emphasized distinguishing what is just by nature from what is just by convention. Natural law was an important legal concept that was developed further during Roman, Christian, Medieval, and Modern periods. The presentation concludes with discussing the relevance of natural law concepts in the Indian legal system and constitution.
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.
The Hart-Fuller debate centered around five claims of legal positivism: (1) laws are commands, (2) no necessary connection between law and morality, (3) the analysis of legal concepts should be separated from other inquiries, (4) a closed legal system with rules deduced without external references, and (5) morality cannot be proven rationally. Hart and Fuller disagreed on issues of interpretation and the role of morality. While Hart emphasized uncertainties in interpretation and avoiding 'ought' questions, Fuller argued interpretation requires considering what the rule 'ought' to be. They agreed an unjust system would not persist but differed on connections between law and morality.
The document provides an overview of business law and the Indian Contract Act of 1872. It defines what a contract is and lists the essential elements of a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty. It also discusses classification of contracts, modes of revocation of an offer, remedies for breach of contract such as damages and specific performance, and ways a contract can be discharged including performance, agreement of parties, and breach.
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
Civil law governs private relations between members of a community and excludes criminal, military, and religious matters. There are three main types of civil law: general law applies territorially to all people and things within a country; special law applies to specific places, groups, or situations but not universally; and constitutional law defines the structure of a state's government and protects citizens' basic rights.
Analytical legal positivism is an influential school of legal theory that views law as commands from the state rather than being connected to morality. [1] Jeremy Bentham and John Austin were two of the most important early exponents of this view. [2] Bentham believed that law could be analyzed based on its source, subjects, objects, extent, aspect, force, and expression. Austin built upon Bentham's ideas and is considered the founder of the analytical school, viewing law as commands from a sovereign. [3] Both philosophers made important contributions to the positivist view that law and morality should be separated.
Criminal law deals with offenses against society and aims to punish offenders through fines or imprisonment. It has a high burden of proof of "beyond reasonable doubt". Civil law deals with individuals' rights and duties toward each other, and violations of these duties constitute torts. Civil cases have a lower burden of proof of "balance of probabilities" and seek to remedy wrongs through compensation. Common law comprises established customs and precedents set in past court rulings, while statute law consists of legislation passed by Parliament.
Law is a system of rules that govern a society and are enforced through the criminal justice system. Law can be defined in several ways including as the body of principles recognized and applied by the state in administering justice. Law is classified into international law, public law, and private law. International law governs relationships between countries while public law involves the state and includes constitutional, administrative, and criminal law. Private law concerns relationships between individuals and covers areas like contracts, torts, and property law.
This document provides an introduction to the topic of jurisprudence. It defines jurisprudence as the study of fundamental legal principles and their philosophical, historical, and social basis. It discusses different definitions of jurisprudence provided by various legal scholars. It also outlines the scope and significance of jurisprudence, and explains how jurisprudence is related to other disciplines like sociology, psychology, ethics, economics, history, and politics.
Property law governs ownership rights over things that can be possessed. There are different types of property including movable and immovable, tangible and intangible, and private and public. As owners, individuals have certain core rights over their property including the right to possess, use, exclude others, and transfer their property. Property can be acquired through purchase, inheritance, accession, confusion, gift or finding lost property. Property law establishes and protects these ownership rights.
This document provides definitions and classifications of business law concepts. It discusses what law is, the different types of laws, and business entities. It defines law and discusses its four principal functions. It describes the different classifications of laws such as written vs unwritten, national vs international, public vs private, substantive vs procedural, criminal vs civil. It also defines common business law terms related to contracts, business organizations, and commercial transactions.
Criminal law defines criminal conduct, specifies punishments, and regulates investigation and prosecution of suspected criminals. A crime requires both a wrongful act and criminal intent. Crimes are considered wrongs against society and are prosecuted by the government as the representative of society. The criminal law originated from primitive tribal customs and has developed through various legal codes, common law, and statutory law.
The document discusses the sociological school of jurisprudence. It examines the study of law in relation to society from the perspectives of legal sociologists and sociological jurists. Some key points:
- Legal sociologists view law as part of society and study how it influences social behavior, while sociological jurists study how law functions in society and the tools of legal practice.
- The sociological approach looks at law's functions in the community, emphasizes social duties over individual rights, and views law as a social phenomenon that can only be understood in its social context.
- Prominent thinkers discussed include Roscoe Pound, who advocated for interpreting and applying law in a way that takes social facts into account,
LLB LAW NOTES ON JURISPRUDENCE
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
This document provides an overview of key concepts in Indian criminal law including the Indian Penal Code. It discusses provisions related to jurisdiction, offenses committed by public officials, and general explanations of terms like dishonestly, fraudulently, and intention. It also covers principles of penal law such as nulla poena sine lege and mens rea. Specific topics examined include burden of proof, terrorism laws, knowledge, negligence, and motive versus intention. The document provides case law examples to illustrate interpretations of these legal concepts.
This document discusses precedents in Indian law. It defines precedent as a legal principle or rule created by a court to guide future similar cases. There are authoritative and persuasive precedents. The doctrine of stare decisis requires subordinate courts to follow Supreme Court rulings. Precedents provide predictability and fairness but researching numerous precedents can be tedious. Some landmark Indian cases that created important precedents include Vishakha v. State of Rajasthan on sexual harassment and PUCL v. Union of India on the right to food.
Natural law refers to universal moral principles that govern human behavior. This presentation discusses the history and evolution of natural law from ancient Greece and Rome to modern times. It notes that natural law was distinguished from positive law in ancient times. Major philosophers like Aristotle emphasized distinguishing what is just by nature from what is just by convention. Natural law was an important legal concept that was developed further during Roman, Christian, Medieval, and Modern periods. The presentation concludes with discussing the relevance of natural law concepts in the Indian legal system and constitution.
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.
The Hart-Fuller debate centered around five claims of legal positivism: (1) laws are commands, (2) no necessary connection between law and morality, (3) the analysis of legal concepts should be separated from other inquiries, (4) a closed legal system with rules deduced without external references, and (5) morality cannot be proven rationally. Hart and Fuller disagreed on issues of interpretation and the role of morality. While Hart emphasized uncertainties in interpretation and avoiding 'ought' questions, Fuller argued interpretation requires considering what the rule 'ought' to be. They agreed an unjust system would not persist but differed on connections between law and morality.
The document provides an overview of business law and the Indian Contract Act of 1872. It defines what a contract is and lists the essential elements of a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty. It also discusses classification of contracts, modes of revocation of an offer, remedies for breach of contract such as damages and specific performance, and ways a contract can be discharged including performance, agreement of parties, and breach.
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.
This document provides an overview of land law and property concepts. It defines property, discussing how laypersons view it differently than lawyers. It also explains different types of property systems, including private ownership, communal ownership, state ownership, and open access. Key concepts discussed include property as a bundle of rights, different justifications for private property from economic perspectives, and theories of property rights such as labor theory and social contract theory.
This document contains lecture notes and materials for a foundation law course. It discusses key concepts in land law including different types of property ownership like freehold and leasehold tenure. Freehold provides absolute ownership while leasehold provides possession for a set term of years. It also covers joint ownership structures like joint tenancy and tenancy in common. The document announces a change in class schedule due to the lecturer going on leave and reminds students of an upcoming summative assignment deadline.
Introduction to business (chapter 1 - foundations of business & economics)Shawon Islam Somonoy
This Power-Point presentation is being used by the department of business administration to emphasize about the importance of business.
American International University-Bangladesh.
This document provides an introduction to business law. It discusses how human civilization and the development of business led to the need for a uniform code of conduct. It defines law and outlines the main branches of law. It then defines business and business law. The objectives of business law are also presented. Finally, the key sources of business law are summarized, including customs, common law, equity principles, law merchant, statute law, precedents, and Indian statute law.
This document provides an introduction to business law. It defines law and explains the need for laws in society to regulate behavior. The main branches of law are described as constitutional law, administrative law, criminal law, civil law, and commercial law. Sources of law are explained as statutory law, case law, natural law, English mercantile law, and customs. Key legal concepts such as legal positivism, legal realism, stare decisis, precedent, and civil versus criminal law are introduced. The document concludes by noting how laws regulate all areas of business and factors owners must consider.
This document provides an introduction to business law. It defines law and explains the need for laws in society to regulate behavior. The main branches of law are described as constitutional law, administrative law, criminal law, civil law, and commercial law. Sources of law are explained as statutory law, case law, natural law, English mercantile law, and customs. Key legal concepts such as legal positivism, legal realism, stare decisis, precedent, and civil versus criminal law are introduced. The document concludes by noting some of the legal factors business owners must consider.
The document provides an introduction to business law, covering key topics such as the definition of law, the need for law in society, the main branches of law including constitutional, administrative, criminal, civil and commercial law. It discusses sources of business law including statutes, case law, customs and more. Key legal concepts are covered like legal positivism, legal realism, stare decisis, precedent, cases of first impression, and distinguishing features of civil versus criminal law. The document concludes by noting various factors business owners must consider regarding how laws regulate business activities and disputes.
This document provides an introduction to business law. It defines law and explains the need for laws in society to regulate behavior. The main branches of law are described as constitutional law, administrative law, criminal law, civil law, and commercial law. Sources of business law and key legal concepts such as legal positivism, legal realism, stare decisis, precedent, and civil vs. criminal law are also outlined. The document concludes by noting many areas of business are regulated by laws relating to contracts, disputes, and more.
Civil and administrative law is designed to provide remedies for individuals harmed by others through resolving private disputes without force. It includes four main categories: property law, contract law, tort law, and family law. Administrative law involves governmental agencies that regulate businesses and enforce rules through investigations, inspections, and hearings. It provides appeals processes to civil courts and defers to agency expertise in some cases.
BBA 3210, Business Law 1 Course Learning Outcomes for.docxaryan532920
BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
The document provides an overview of the key concepts in business law, including the common law tradition, precedent, remedies, constitutional powers of government, and individual rights and protections such as freedom of speech, religion, due process, and privacy. It discusses the historical foundations and sources of American law, including constitutional law, statutory law, administrative law, and common law. It also summarizes classifications of law such as substantive vs procedural law and civil vs criminal law.
The document discusses the role and powers of the federal courts, particularly the Supreme Court, in American government. It notes that the Supreme Court has the power of judicial review, allowing it to act as a lawmaking body by interpreting statutes and the Constitution. It also discusses how Supreme Court decisions are influenced by the philosophies of its members and cases that come before it. Additionally, it provides an overview of the judicial process, jurisdiction of federal courts, appointment of justices, and limitations on the courts' powers.
The document provides an introduction to business law, outlining key concepts such as the definition of law, the need for law in society, the main branches of law including constitutional, administrative, criminal, and civil law. It discusses sources of business law including statutes, case law, customs and usages. The scope of business law has widened due to increasing business complexities and now includes topics like contracts, commercial transactions, business associations and more.
The document provides an overview of the key concepts in American law, including:
1) The main sources of law are the constitution, statutes, regulations, and common law precedents. It also discusses the differences between substantive and procedural law.
2) The US Constitution gives broad powers to regulate interstate commerce and protects individual liberties in the Bill of Rights. Notable Supreme Court cases have expanded the scope of federal power.
3) Individual rights like free speech, religious freedom, due process, and privacy are protected against government interference by the Constitution and laws. However, certain types of unprotected speech exist.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Instructor Notes.htmlTo assist you in completing consulting asTatianaMajor22
Instructor Notes.html
To assist you in completing consulting assignments for TLG, it is important to review some basic concepts relevant to the legal system and constitutional law.
First, review the concept of federalism, the court system, and common law v. civil law, and the nature of law and the legal process.
Some important points are:
(1) the primary purpose of the law is to establish a set of rules and guidelines for society to promote order and to create parameters for acceptable and prohibited behavior;
(2) laws are inevitably subject to interpretation and reinterpretation by courts;
(3) laws must be reasonably specific, and yet sufficiently general, with inherent flexibility, to withstand the rigors of interpretation and the "test of time";
(4) laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;example: the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility
(5) laws are promulgated and interpreted by human beings, and thus, are imperfect;
(6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws;
(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical;
(8) U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors;
(9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation - every right granted to an individual or group, to some extent, impinges on the rights of another individual or group;
(10) legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair - this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;example: highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice - on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians example: laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years - on balance, society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol
(11) the familiar symbol for law and the legal system is the ...
Jurisdiction Under Private International Law.pdfnipasakter1
This document provides an overview of foreign judgments and jurisdiction under private international law. It discusses key concepts like jurisdiction, choice of law, and recognition of foreign judgments. Regarding jurisdiction, it explains the differences between civil and common law approaches. Choice of law examines traditional rules like lex loci celebrationis and lex fori. The document also outlines procedures for notifying parties and enforcing foreign judgments. Overall, it covers the major considerations and rules regarding international legal cases that involve multiple countries or jurisdictions.
This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
John Yates, a commercial fisherman, was charged with violating a federal statute prohibiting obstruction of justice after he ordered a crew member to throw undersized fish overboard to prevent authorities from discovering the violation. Yates argues the statute was intended for financial records, not fish. The court must decide whether the statute applies to Yates' actions. The document then provides background on definitions, classifications, purposes, and characteristics of law, as well as jurisprudential theories of natural law and positive law.
The document discusses the origins and development of natural law, common law, and different types of laws. It begins by explaining that ancient Greek philosophers like Plato and Aristotle posited the existence of natural justice or natural right. The concept of natural law was influential in the development of English common law. Common law derives from legal precedents established following the Norman Conquest of England in 1154. The document then contrasts common law systems with civil or code-based systems, and discusses different levels of laws from constitutional to statutory to regulatory.
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
Public International Law Vs. Private International LawRaveesha Gupta
This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.
Public international law vs private international lawWajid Ali Kharal
This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.
The document provides an overview and review of key concepts related to the 8th Amendment. It discusses the rights protected by the 8th Amendment regarding bail, fines, and punishment. It summarizes important Supreme Court cases related to bail, asset forfeiture, and what constitutes cruel and unusual punishment. The document also examines whether the death penalty violates the 8th Amendment's prohibition against cruel and unusual punishment. Finally, it reviews how the 8th Amendment applies to corrections and prisoner treatment.
Business Law I Introduction to LawHello class and welcome to t.docxRAHUL126667
Business Law I
Introduction to Law
Hello class and welcome to the week one lecture for Business Law I. We will begin with an introduction to the law and the American Legal system. Law is a grouping of rules governing relationships among individuals and between individuals and their society. The function of the law is to maintain stability while allowing for change when necessary. As we will discuss, this law originates from many sources.
To start, America has a rich common law tradition. Common law dates back to the English Court system. This common law developed through the slow accumulation of decisions over many hundreds of years. At bottom, judges generally apply the principle of Stare Decisis or the application of principles applied in earlier cases with similar facts. These earlier cases are known as precedent. This principle is important because it allows for a modicum of stability in the law as the idea is that similar cases will be decided in similar ways. However, this system allows gives the common law some flexibility. Judges may decide that old precedent is no longer applicable, for example, due to changes in society’s attitudes or in technology. When this situation occurs, the judge can create a new precedent.
The constitution provides another source of law. The federal constitution creates the rules for governing the country. It specifies which powers each branch of government may wield, and any state or federal law found to be in conflict with the constitution by the courts will be found to be invalid. A third source of law is statutory law. This source of law includes the statutes and ordinances of Congress and state legislatures. This is a very important source of law, and much of the work of the courts is consumed by interpreting these statutes.
The final source of law to discuss is the administrative law. The development of this law has become increasingly important. As the economy began to grow more complex, Congress devolved some of its powers to administrative agencies (generally under the supervision of the executive branch) to regulate the economy. For example, the Clean Air Act requires the Environmental Protection Agency (EPA) to keep the air safe. This mandate empowers the EPA to pass and enforce regulation protecting society from airborne pollutants. Although this area of law gets less coverage from the press, it can be critically important as these regulations have a monumental impact on the economy. Judges are frequently called upon to determine if the agencies have exceeded the scope of their mandate.
Another important distinction involves the relationship between the federal and state courts. Each state and the federal government has its own court system. And each of these entities will often have different statues, common law, administrative law, and constitutions. States are generally required to follow the decisions of other court’s due to the full faith and credit clause ...
This document provides a summary of articles from the April 2001 issue of Harper's Magazine, including:
1) An article by David Foster Wallace on debates over language, grammar, and usage in English and democracy.
2) An article by Barry Graham profiling America's toughest sheriff.
3) An article by Michael Korda on the future of publishing from an insider's perspective.
It also lists a work of fiction by Joyce Carol Oates and notes contributions from Cristina Nehring and Robert Vivian.
This document provides an overview and instructions for navigating an online course. It includes sections for the instructor's contact information, the course syllabus, schedule, and content for Week 1 which focuses on the topic and outcomes for the week along with associated activities and assignments. The document is intended to welcome and orient the student to the course.
This document contains screenshots for an assignment on RSS feeds, including a screenshot of the home page of a Google Reader account and a screenshot of starred feeds in that Google Reader account. The screenshots are being provided to satisfy the requirements of Assignment 8 for the CITS F220 course.
The document discusses the resolution of private disputes through the court system in the United States. It describes the hierarchy of federal and state courts, including trial courts that have either general or limited jurisdiction. It also discusses the concepts of subject matter jurisdiction, in personam jurisdiction, and in rem jurisdiction. Finally, it provides an overview of the civil litigation process, including pleadings, discovery, pre-trial motions, trial procedures, and post-trial remedies.
Chapter 4 - Business Ethics, Corporate Social Responsibility, Corporate Gover...Pacific University, Oregon
1) The document discusses various topics related to business ethics, corporate social responsibility, and critical thinking. It provides learning objectives and overview sections on these topics.
2) Ethical theories like utilitarianism, rights theory, and justice theory are explained. Guidelines for ethical decision making are presented.
3) Common logical fallacies are defined, including false analogies, circular reasoning, and appeals to tradition. The importance of critical thinking in ethical decision making is emphasized. Tests are included to assess the reader's understanding.
The document provides an overview of key concepts in psychology including research methods, influential founders, schools of thought, careers in psychology, and ethics. It discusses descriptive and experimental research methods, influential pioneers like Wilhelm Wundt and Mary Calkins, major approaches like behaviorism and psychoanalysis, and specialties like clinical, counseling, and industrial psychology. The document also covers evaluating theories and research, sources of bias, and protecting participants' rights.
The document discusses key factors in business environments including factors of production, social trends, economic systems, and trends in technology and global competition. It notes that factors of production include natural resources, labor, capital, entrepreneurship, and knowledge. Social trends discussed include increasing lifestyle diversity and more dual-income families. Economic systems mentioned include capitalism, communism, socialism, and mixed systems. Technological trends include miniaturization, the internet, and advances in areas like artificial intelligence. Global competition is increasing as exports rise and more companies can compete worldwide.
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
THE SACRIFICE HOW PRO-PALESTINE PROTESTS STUDENTS ARE SACRIFICING TO CHANGE T...indexPub
The recent surge in pro-Palestine student activism has prompted significant responses from universities, ranging from negotiations and divestment commitments to increased transparency about investments in companies supporting the war on Gaza. This activism has led to the cessation of student encampments but also highlighted the substantial sacrifices made by students, including academic disruptions and personal risks. The primary drivers of these protests are poor university administration, lack of transparency, and inadequate communication between officials and students. This study examines the profound emotional, psychological, and professional impacts on students engaged in pro-Palestine protests, focusing on Generation Z's (Gen-Z) activism dynamics. This paper explores the significant sacrifices made by these students and even the professors supporting the pro-Palestine movement, with a focus on recent global movements. Through an in-depth analysis of printed and electronic media, the study examines the impacts of these sacrifices on the academic and personal lives of those involved. The paper highlights examples from various universities, demonstrating student activism's long-term and short-term effects, including disciplinary actions, social backlash, and career implications. The researchers also explore the broader implications of student sacrifices. The findings reveal that these sacrifices are driven by a profound commitment to justice and human rights, and are influenced by the increasing availability of information, peer interactions, and personal convictions. The study also discusses the broader implications of this activism, comparing it to historical precedents and assessing its potential to influence policy and public opinion. The emotional and psychological toll on student activists is significant, but their sense of purpose and community support mitigates some of these challenges. However, the researchers call for acknowledging the broader Impact of these sacrifices on the future global movement of FreePalestine.
Level 3 NCEA - NZ: A Nation In the Making 1872 - 1900 SML.pptHenry Hollis
The History of NZ 1870-1900.
Making of a Nation.
From the NZ Wars to Liberals,
Richard Seddon, George Grey,
Social Laboratory, New Zealand,
Confiscations, Kotahitanga, Kingitanga, Parliament, Suffrage, Repudiation, Economic Change, Agriculture, Gold Mining, Timber, Flax, Sheep, Dairying,
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Elevate Your Nonprofit's Online Presence_ A Guide to Effective SEO Strategies...TechSoup
Whether you're new to SEO or looking to refine your existing strategies, this webinar will provide you with actionable insights and practical tips to elevate your nonprofit's online presence.
3. Learning Objectives
Types and sources of law
Important legal doctrines
Classification of law
Jurisprudence and legal reasoning
Statutory interpretation
Limitations on judicial power
1-3
4. Types and
Classifications of Law
Federal, state, and tribal level:
Constitution: establishes governmental
structure, specific rights and duties
Example: U.S. Constitution
Statute: enacted by legislative body to
regulate conduct
Example: Clean Air Act, 42 U.S.C. §§ 7401 et
seq. (1970)
Counties and municipalities enact
“ordinances” (e.g., zoning ordinance)
1-4
5. Types and
Classifications of Law
Federal, state, and tribal level:
Common Law: case law (judge-made)
Example: Gribben v. Wal-Mart Stores, Inc.
Administrative Law: agency rules to
implement enforcement of statutes
Example: U.S. Environmental Protection
Agency’s Identification and Listing of
Hazardous Waste Rule, 40 CFR – Part 261, as
amended, 73 FR 64760
1-5
6. Types and
Classifications of Law
Issued at the chief executive level:
Executive Order: under limited powers
Examples: http://www.whitehouse.gov
/news/orders/
Treaty: with other nations, by the U.S.
president on behalf of the nation, ratified by
the U.S. Senate
Example: The Antarctic Treaty
1-6
7. Important Doctrines
Stare Decisis (let the decision stand) is the
doctrine of precedent applied in common law
Example: in Gribben v. Wal-Mart Stores, the
Indiana Supreme Court cited Cahoon v.
Cummings for a well-established rule about
intentional first-party spoliation of evidence
Equity is applied by the judiciary to achieve
justice when legal rules would produce
unfair results
Examples: injunction or specific performance
1-7
8. Important Doctrines
Federal supremacy: a rule of priority for
conflicts between laws that holds the U.S.
Constitution is the supreme law of the land
Supremacy Clause, Article VI, Section 2, of the
U.S. Constitution
Practical meaning:
Federal law defeats state law
A state constitution defeats state legislation
A statute defeats an administrative regulation
A statute or regulation defeats common law
1-8
9. Trentadue v. Gorton
Facts & Procedural History:
Trial court decided that the common law
discovery rule applied to claims against corporate
defendants for crime of an employee rather than
statute of limitations and appellate court affirmed
Issue: Does a legislated rule (statute of limitations)
abrogate a common law rule?
Holding: Yes; plain language of statute indicated
legislative intent to exclude common law rules
1-9
10. Classification of Law
Criminal law establishes
duties to society
Government charges and
prosecutes defendant,
who is found guilty or
innocent
A convicted defendant
will be imprisoned or
fined
1 - 10
11. Classification of Law
Civil law establishes
duties between private
parties
Plaintiff sues defendant
for monetary damages
or equitable relief
A defendant will be
held liable or not liable
1 - 11
12. Classification of Law
Substantive law establishes rights and duties
of people in society
Example: The act of murder is a crime
Procedural law establishes how to enforce
those rights and duties
Example: A defendant charged with murder
has the right to a jury trial
1 - 12
13. Classification of Law
Public law refers to the relationship between
governments and private parties
Examples: constitutional, statutory, and
administrative law
Private law refers to the regulation of conduct
between private parties
Examples: contract, tort, and property laws
1 - 13
14. Jurisprudence
Jurisprudence refers to the philosophy of
law as well as the collection of laws
Legal positivism: law is the command of a
recognized political authority
Just or unjust, law must be obeyed
Natural law: universal moral rules bind all
people whether written or unwritten
Unjust positive laws are invalid
1 - 14
15. Jurisprudence
Legal realism defines law as the behavior of
the judiciary as they rule on matters within
the legal system
Thus law in action dominates positive law
Sociological jurisprudence unites theories that
examine law within its social context
1 - 15
16. Legal Reasoning
Basically deductive, with legal rule as major
premise and facts as the minor premise
Result is product of the two
Court may stand on precedent or
distinguish prior case from current case
If precedent inapplicable, new rule
developed
1 - 16
17. Hagan v. Coca-Cola Bottling Co.
Facts & Procedural History:
Florida plaintiffs drank from bottle of Coke, found
foreign object, suffered emotional distress, and
brought suit for negligence
Jury returned verdict for plaintiffs, judge reduced
jury award, and both parties appealed
Certified question sent to Florida Supreme Court
Question: Should the impact rule (physical injury
required to state a claim) be abolished or amended in
Florida?
1 - 17
18. Hagan v. Coca-Cola Bottling Co.
Court’s Reasoning:
Reviewed facts and arguments of parties
Reviewed application of impact rule within
Florida, including modifications to the rule
Discussed public policy recognized by the Florida
Supreme Court in Doyle v. Pillsbury Co.
Noted court decisions in other states
Holding: Impact rule does not apply where
emotional damages are caused by conduct that is a
freestanding tort (e.g., contaminated food)
1 - 18
19. Statutory Interpretation
Plain meaning rule: court applies statute
according to usual meaning of the words
Courts examine legislative history and purpose
when plain meaning rule is inadequate
Example A: Why does the Communications
Decency Act offer immunity for some entities?
Example B: What is meant by a prohibition
against discrimination “because of an
individual’s age?”
1 - 19
20. General Dynamics Land Systems, Inc
Facts:
Collective bargaining agreement
discriminated against workers under 50
years of age; plaintiffs over 40 and under 50
filed a claim under the Age Discrimination in
Employment Act (ADEA)
Issue:
Does the ADEA forbid “favoring the old
over the young?”
1 - 20
21. General Dynamics Land Systems,
Inc. v. Cline
Reasoning:
Plain meaning of “age” within the statute not
clear, but legislative history makes clear that
an employer may favor an older employee
over a younger one
Holding:
Judgment reversed in favor of employer
1 - 21
22. Statutory Interpretation
Courts may interpret a statute in light of a
general public purpose or public policy
Courts follow prior interpretation of a statute
(precedent) to promote consistency
Maxims may be used to assist in statutory
interpretation
1 - 22
23. Statutory Interpretation
Example of a maxim:
Ejusdem generis (things of the same type)
When general words follow specific words,
the general words are limited to the same
things as specific words
“Automobiles and other vehicles” does not
include airplanes
1 - 23
24. Limitations on Judicial Power
Courts limited to deciding existing cases or
controversies
In other words, the dispute must be current
and not yet resolved
However, a declaratory judgment allows
parties to determine rights and duties prior
to harm occurring
1 - 24
25. Limitations on Judicial Power
Parties must have standing (direct interest in
the outcome) to sue
Whales, for example,
do not have standing
The Cetacean
Community v. Bush,
386 F.3d 1169 (9th
Cir. 2004)
1 - 25
26. Global Business Environment
Courts may faced with
treaty interpretation “The carrier shall be liable for
damage sustained in the event
U.S. Supreme Court of the death or wounding of a
passenger or any other bodily
injury suffered by a passenger,
interpreted The Warsaw if the accident which caused
the damage so sustained took
Convention in place on board the aircraft or
in the course of the operations
Olympic Airways v. Husain of embarking or
disembarking.”
How would you have Warsaw Convention, Art. 17
interpreted the treaty
language?
1 - 26
27. Test Your Knowledge
True=A, False = B
The Constitution, statutes, and case law are
sources of law in the United States
Agency regulations, presidential orders, and
treaties are sources of law in the United States
Stare decisis refers to the doctrine of equity
The Supremacy Clause states that the U.S.
Constitution is the supreme law of the land
1 - 27
28. Test Your Knowledge
True=A, False = B
Civil law establishes the duties an individual
has to keeping a civil society
Substantive law establishes how to enforce
the rights and duties of people in society
Jurisprudence refers to the philosophy of law
as well as the collection of laws
Legal reasoning is basically inductive
1 - 28
29. Test Your Knowledge
Multiple Choice
The plain meaning rule means that the court
applies a statute
(a) according to the unique or special meaning
of words
(b) according to usual meaning of the words
(c) according to public policy and legislative
purpose
1 - 29
30. Test Your Knowledge
Multiple Choice
Courts are:
(a) Limited to hearing existing cases or
controversies
(b) Limited to hearing cases in which plaintiff
has standing (a direct interest in the outcome)
(c) Unlimited in types of cases they may hear
(d) All of the above
(e) Both A & B
1 - 30
31. Thought Question
What do you think the authors of the U.S.
Constitution would think about current legal
issues in our society?
1 - 31
Editor's Notes
The hyperlink to the U.S. Constitution is to the 21 st edition (2003). The hyperlink to the Clean Air Act is to the U.S. Environmental Protection Agency website, which offers several versions of the statute. The tribal level often is ignored in references to sources of law. However, Indian nations are sovereign governmental units with the authority to establish a Constitution and enact supporting laws.
The hyperlinks are to the case decision and the Hazardous Waste Rule (Oct. 30, 2008).
The hyperlinks are to the listing of executive orders on the U.S. Government whitehouse.gov website and the Antarctic Treaty on the U.S. Department of State website.
Case was reversed and remanded
The hyperlink is to the case opinion on the Florida Supreme Court website.
Example A refers to the question in Fair Housing Council of San Fernando Valley v. Roommate.com, LLC. The court discussed why “interactive service providers” were provided immunity under the statute and whether the particular defendant had gone beyond the purpose of the immunity so as to incur liability for its acts. Note that the opinion in the text is the rehearing by the Ninth Circuit en banc . The original decision was issued on May 15, 2007 by a three judge panel. The en banc court ruled 8-3 to uphold the original panel decision. Judge Kozinski wrote the majority opinion for the en banc decision and had also written the lead opinion in the three-judge panel ruling. For the original ruling, a number of computer service providers provided amicus curiae briefs: Amazon.com, Inc., America Online, Inc., Ebay Inc., Google Inc., Tribune Company, Yahoo! Inc., Netchoice and United States Internet Service Provider Association. According to the Electronic Frontier Foundation, a non-profit internet watchdog that submitted an amicus brief requesting rehearing, the decision was “a dangerous holding that endangered features like search customization and user feedback on interactive web services.” Example B is the General Dynamics case.
The hyperlink is to the case information and opinion on the Oyez.org website.
The hyperlink is to the case information and opinion on the Oyez.org website. The class should discuss the interpretation of the treaty language in light of the facts of the case. In the case, the deceased passenger had a condition that cigarette smoking made much worse. The passenger repeatedly requested to be moved away from the smoking section and the flight attendant refused. The passenger became very ill, walked to the front of the airliner to get fresh air and collapsed and died. The wife of the deceased filed a wrongful death action against the airline company. The district court found the company liable and the Ninth Circuit Court of Appeals affirmed. The Supreme Court interpreted “accident” to be an unexpected or unusual event. The Court also stated that, “for purposes of the ‘accident’ inquiry, a plaintiff need only prove that ‘some link in the chain was an unusual or unexpected event external to the passenger.’ ” The Court determined that the flight attendant’s repeated refusal to assist the deceased was an unusual or unexpected event within the meaning of the treaty’s language.
True True False. Stare decisis (to stand on the decision) refers to the doctrine of precedent. The doctrine of equity is applied by judges to achieve justice when legal rules would produce unfair results True
False. Civil law establishes duties between private parties. False. Substantive law establishes the rights and duties of people in society. Procedural law establishes how to enforce the rights and duties of people in society. True False. Legal reasoning is deductive.