Chapter1 Detailed Version


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Chapter1 Detailed Version

  1. 1. Business Law Mr. Whisel Chapter 1-2
  2. 2. Objectives Explain the stages in the evolution of law Describe the differences between common law and positive law Describe the difference between law courts and equity courts
  3. 3. What is law? Enforceable rules of conduct in a society, reflect culture and circumstances that create them. What is code? Laws grouped into organized form Hammurabi’s Code Page 5
  4. 4. Stages in the Growth of Law Individuals take revenge for wrongs done to them Awards of money or goods are substituted for revenge Court systems formed (Local) A central authority figure intervenes to prevent and punish wrongs (Judge)
  5. 5. Common Law Vs. Positive Law Common Law Law based on the current standards or customs of the people Positive Law Law dictated from above
  6. 6. Origins of Our Legal System Pages 6 and 7 Read Aloud
  7. 7. Objectives Explain the stages in the evolution of law Describe the differences between common law and positive law Describe the difference between law courts and equity courts
  8. 8. End of Section 1.1 Think About Legal Concepts Think Critically About Evidence
  9. 9. Objectives Explain how constitutional, statutory, case and administrative laws are created Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws. Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law
  10. 10. Three Levels of Government Federal State Local Each Level has its own constitutional, statutory, case, and administrative laws.
  11. 11. Constitution Document that sets forth the framework of a government and its relationship to the people it governs. Constitutional Law- when Constitutions are adopted and amended, or when courts interpret constitution. Who governs you? Constitution of the U.S. and the Constitution of your state.
  12. 12. Constitution Cont. Federal and State defines Allocated power Between the people and their governments. Between the state governments and federal government Among the branches of the government.
  13. 13. Final Interpreter? U.S. Supreme Court- Federal State Supreme Court- Local
  14. 14. Allocation of Power Between People andGovernment Federal Constitution is main instrument for allocation power. By the Bill of Rights  First Ten Amendments of the Constitution • Protects people from their government  Freedom of Religion, Freedom of Speech, Freedom of Press  See Chapter 3 for Bill of Rights
  15. 15. Allocation Between Federal and StateGovernments Federal Constitution divided between state and government Federal Power to reign over foreign and interstate commerce (occurs between two or more states) State Power to reign over intrastate (occurs in the state) Business Divided depending on the Business and its location or locations
  16. 16. Allocation Between Branches ofGovernment Among the three Branches of Government we have: Executive Legislative Judicial (Courts have authority to hold trials not congress) System created to form a system of checks and balances. Ensures that no branch of government becomes too strong.
  17. 17. Statutes Federal Constitution created Federal Legislatures State Constitutions created State Legislatures Elected Representatives of the people  Acting for us. Legislatures enact laws called Statutes  Town, City, and Counties  Legislation at this level is called Ordinances
  18. 18. Administrative Regulations Federal, State, and Local Legislatures create people to enforce laws, called Administrative Agencies Social Security Administration DMV Zoning Commission Controlled by executive branch (Federal Government) This branch creates rules and regulations called Administrative Law.
  19. 19. Case Law Judicial branch of government Law created after cases Rules to follow when similar cases are on trial Stare Decisis To adhere to decided cases Follow same procedure as already decided cases. Case Law is seldom revoked
  20. 20. What happens when laws conflict? Constitutions are highest source of law Federal Constitution  “The supreme law of the land” Because of the different branches, laws conflict, so we must prove that they are constitutional We find that all laws must be constitutional and if we find that they are not it is unconstitutional so law would be revoked
  21. 21. Main Types of Law Criminal Offense against society Civil Offense against a single person Procedural Methods of enforcing legal rights and duties (Procedure) Substantive Defines rights and duties (Murder, Battery, Breach of Contract) Business Rules that apply in Business Situations and Transactions Mainly civil law (Contracts) Tort  Private wrongs in persons or organizations UCC Uniform Commercial Code
  22. 22. Think and Legal Concepts Page 13
  23. 23. Think Critically about Evidence Page 13
  24. 24. End of Chapter 1