What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
The postings should reflect individual comprehension and inquire.docxgabrielaj9
The postings should reflect individual comprehension and inquires of the material and include supporting information that is properly referenced. The initial posts should be the
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of a short paragraph and a maximum of two paragraphs (approximately 250 words). Also 2 references
Chapter 1
Chapter 1.10 The Legal System
The United States has become an increasingly litigious society; annually, millions of lawsuits are filed by citizens seeking legal remedy to problems they have encountered in the course of their personal or professional lives. Therefore, recreation and sport managers must understand the basic components of the complex United States legal system, including origins of the law, the legal system, and the legal process.
FUNDAMENTAL CONCEPTS
Origins of the Law
There are multiple sources of law including Constitutional law and laws enacted, enforced, and interpreted by the three branches of government.
A constitution is a document that sets forth the basic principles of government, including limits on government power. The federal government, as well as all 50 states, has a constitution; each constitution provides citizens many protections.
Additionally, the federal and state governments each have three branches that exist as a source of law: the legislative branch, which is responsible for enacting new laws and amending existing laws through federal or state legislatures; the executive branch, which enforces existing laws through elected officials or administrative agencies; and, the judicial branch which interprets constitutions or other existing laws through the federal and state court systems.
Legislative Branch
A Congress (or legislature), either state or federal, is the legislative branch of the government, comprised of elected officials in the Senate and in the House of Representatives.
Executive Branch
Often times, statutes require further explanation to be applied to real-life scenarios. This guidance typically comes in the form of regulations created by the executive branch, or an administrative agency created by the executive branch. Regulations are “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.”
Judicial Branch
Whether the source of law is a constitution, a statute, or a regulation, the judicial branch is charged with interpreting and applying the law by adjudicating legal claims. When a court makes a decision in a legal case, and authors a written opinion, the decision is referred to as case law; the collective body of case law is called common law.
The Legal System
Once laws are created, they must be interpreted and applied to particular circumstances; as discussed above, this interpretation/application occurs in the judiciary, or court systems.
Federal Court Syst.
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 ...
Chapter 1 – Business and Its Legal Environment1. Schools of Ju.docxcravennichole326
Chapter 1 – Business and Its Legal Environment
1. Schools of Jurisprudential Thought
A. The judge function is not to make the laws but to interpret and apply them. The court plays a significant role in defining what the law is. Judges have some flexibility in interpreting and applying the law, in which each judge’s unique personality, legal philosophy, set of values, and intellectual attributes necessarily frame the judicial decision-making process to some extent.B. The Natural Law School is the oldest and one of the most significant schools of legal though. It is a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason. According to Aristotle, natural law applies universally to all humankind.
C. The Positivist School is a school of thought that can be no higher law than a nation’s positive law or national law, the written law of a given society at a particular point in time. In contrast to natural law, positive law does not believe in “natural rights”, but rather human rights exist solely because of laws.
D. The Historical School emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should beE. Legal Realism is popular in the 1920s and 1930s that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more realistic approach to the law, and the circumstances in which transactions take place.
2. Business Activities and the Legal Environment A. Laws and government regulations affect virtually all business activities and basic knowledge of the laws and regulations governing these activities is beneficial – if not essential. Therefore, a study of business law necessarily involves an ethical dimension.
B. There are many areas of the law that may affect a single business decision making. Compartmentalizing a law promotes conceptual clarity, but it does not indicate the extent to which a number of different laws may apply to just one transaction. If any dispute cannot be resolved amicably, then the laws and the rules concerning courts and court procedures can spell out the steps of the lawsuit.
C. Ethics and business decision making is an important part of business decision because ethics constitutes right or wrong behavior. Business decision makers need to consider not just whether decision is profitable and legal but also whether it is ethical.3. Sources of American LawA. There are two main sources of American Law -- primary sources that establish the law and the secondary sources that summarize and clarify the primary sources of law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law.
B. Constitutional Law is a law that is expressed in the U.S. Constitution a ...
1Chapter 2 LEGAL RIGHTS AND RESPONSIBILITIES(Laws Governi.docxhyacinthshackley2629
1
Chapter 2: LEGAL RIGHTS AND RESPONSIBILITIES
(Laws Governing the Workplace)
2
Paradoxes about working for the public sector and legal rights
· How and when do we give up personal rights in public employment?
· Must balance three elements
· Employee rights
· Employer needs
· Policy dictates (governmental needs)
In this chapter on Legal Rights and Responsibilities, we are essentially covering laws governing the workplace, of course focusing on the public sector arena. The introduction points out the particularly important paradoxes of living in a democracy in which we value our personal rights, and yet we must yield up or narrow many of those rights in employment situations. This paradox is founded on the underlying principle that public law is trying to balance three elements: the needs of employers, the needs of employees, and the interests of government in pursuing public policy. The entire chapter looks at how these three elements—employees, employers, and policy dictates—are balanced in a wide variety of areas. On one hand, the balancing that is achieved is a magnificent monument to rationality at its best, because the legal system does an extraordinary job of ensuring fairness for employees, employers, and the implementation of policy. It also allows for varying the balance to suit different issues, to evolve over time, and to consider fact-specific situations. Yet on the other hand, public law can be frustrating too, because the balancing act does vary from area to area, does vary constantly over time, and predictability in fact-specific situations is sometimes in doubt until situations are legally challenged and litigated. Thus, public law can be very challenging and frustrating for public managers. As the book points out, managers must embrace the law to avoid the law. This chapter is the primary means that the MPA program uses to ensure that managers are both informed and relatively comfortable dealing with this challenging aspect of management.
3
Not all employment requirements stem directly from laws…
Many issues are not covered by laws, but rather by collective bargaining rules and agency guidelines which are nearly as firm
An interesting note is that much of what constrains employers is not in the law itself, but in civil service rules and tenure systems. Such rules are considered to be freely adopted by governments or individual agencies, and in most cases either have the weight of law, or at least a very strong legal weight in litigation and provide a weapon that can be used when individuals and unions seek protection of employee rights. Thus many of the generalizations in the chapter are based on common practices articulated in rules, rather than specific laws themselves. A prime example of this is in discipline, where civil service systems constrain agencies to act through specific procedures which must be followed scrupulously. Governments set up the legal framework, it is further articulated in collective barg.
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
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