business law introduction to law – chapter 1. objectives explain the stages in the evolution of...
TRANSCRIPT
ObjectivesObjectives
Explain the stages in the evolution of lawExplain the stages in the evolution of lawDescribe the differences between common Describe the differences between common
law and positive lawlaw and positive lawDescribe the difference between law Describe the difference between law
courts and equity courtscourts and equity courts
HOT DEBATE!!!HOT DEBATE!!!
Let’s see how much you ALREADY know!Let’s see how much you ALREADY know!Read and discuss the Hot Debate on page Read and discuss the Hot Debate on page
4 with a partner. Be prepared to discuss 4 with a partner. Be prepared to discuss your answer.your answer.
You have 5 minutes!You have 5 minutes!
1. WHAT IS LAW???1. WHAT IS LAW???
LawsLaws: enforceable rules of conduct in a : enforceable rules of conduct in a societysociety
Reflect the culture and circumstances that Reflect the culture and circumstances that create themcreate them
CodeCode: laws are grouped into organized : laws are grouped into organized formform
King of BabylonKing of Babylon 4000 years ago 4000 years ago Code Code of Hammurabi – SAME law principlesof Hammurabi – SAME law principles
2. Stages of 2. Stages of Growth of Law: How Growth of Law: How Legal Systems are FormedLegal Systems are Formed
1.1. Individuals take revenge for wrongs Individuals take revenge for wrongs done to themdone to them
2.2. Awards of money or goods are Awards of money or goods are substituted for revengesubstituted for revenge
3.3. Court systems are formed Court systems are formed to hear the to hear the injuredinjured
4.4. A central authority figure intervenes to A central authority figure intervenes to prevent and punish wrongsprevent and punish wrongs issues issues lawslaws
Stage 1: Taking RevengeStage 1: Taking Revenge
Injuries sustained call for personal Injuries sustained call for personal revengerevenge
Usually disrupt the people’s normal routine Usually disrupt the people’s normal routine and result in harm to innocent bystandersand result in harm to innocent bystanders
Often results in one individual seizing Often results in one individual seizing power and exerting control to restore power and exerting control to restore peace to the societypeace to the society
Still prevalent in gangsStill prevalent in gangs
Stage 2: Awarding $$Stage 2: Awarding $$
SovereignSovereign – the powerful person from – the powerful person from Stage 1 then goes on to award money or Stage 1 then goes on to award money or goods as a substitute for revengegoods as a substitute for revenge
Stage 3: Forming CourtsStage 3: Forming Courts
Elders or priests generally preside over Elders or priests generally preside over these courtsthese courts
Sovereign presides over the most Sovereign presides over the most important casesimportant cases
Stage 4: PreventionStage 4: Prevention
The sovereign:The sovereign:Uses the courts to prevent problems from Uses the courts to prevent problems from
arisingarising Issues laws to punish behaviors that injure Issues laws to punish behaviors that injure
othersothers
3. Common Law vs. Positive Law3. Common Law vs. Positive Law
Common LawCommon Law:: Reflects the wisdom, or lack thereof, of Reflects the wisdom, or lack thereof, of
their creatorstheir creators Should be: predictable and flexibleShould be: predictable and flexible LLaws based on current standards or aws based on current standards or
customs of the people customs of the people
Positive law:Positive law: Laws dictated by central authority to Laws dictated by central authority to
prevent disputes and wrongsprevent disputes and wrongs Very inflexibleVery inflexible
4. World’s Greatest 2 Systems of Law4. World’s Greatest 2 Systems of Law
English Common LawEnglish Common LawThe US follows this type (except LA)The US follows this type (except LA)Jurisdiction evolved: the power to decide a Jurisdiction evolved: the power to decide a
casecase ‘‘Uniform and consistent’Uniform and consistent’
Roman Civil LawRoman Civil LawLA uses LA uses Individual attentionIndividual attention
5. Equity: An Alternative to 5. Equity: An Alternative to Common LawCommon Law
Common laws follow Common laws follow precedentprecedent (use prior (use prior cases to help determine new cases).cases to help determine new cases).
Disadvantage of common law: you had to Disadvantage of common law: you had to wait until injury actually occurred to take wait until injury actually occurred to take legal actionlegal action
Equity Law Equity Law (meaning FAIR): You can take (meaning FAIR): You can take legal action to prevent wrongdoingslegal action to prevent wrongdoings Injunction – an order that prohibits something Injunction – an order that prohibits something
from being donefrom being done
Think about it…Think about it…
Why do societies need laws and courts?Why do societies need laws and courts?Laws - To protect individuals and settle Laws - To protect individuals and settle
disputes between individualsdisputes between individualsCourts - settle disputes, award damages, Courts - settle disputes, award damages,
prevent/punish wrongsprevent/punish wrongs
Think about it…Think about it…
Differences between law courts and equity Differences between law courts and equity courtscourtsLaw courts follow precedents AFTER an injury Law courts follow precedents AFTER an injury
has occurredhas occurredEquity courts follow precedents but can also Equity courts follow precedents but can also
issue injunctions to stop actions in order to issue injunctions to stop actions in order to PREVENT harm from being done.PREVENT harm from being done.
Quick Content Check!Quick Content Check!
List the 4 stages of how the legal system List the 4 stages of how the legal system evolved.evolved.
What are some differences between What are some differences between common law and positive law?common law and positive law?
Describe the difference between law Describe the difference between law courts and equity courts.courts and equity courts.
TO DO LIST: TO DO LIST:
Page 8: Questions, 1, 2, 4, 6, 7, 8Page 8: Questions, 1, 2, 4, 6, 7, 8Stages of Law CartoonStages of Law Cartoon
Create a cartoon strip depicting the FOUR Create a cartoon strip depicting the FOUR stages of growth of law.stages of growth of law.Use paper, pencils, markers or technology Use paper, pencils, markers or technology
provided.provided.Your cartoon strip MUST include Your cartoon strip MUST include AT LEAST 4AT LEAST 4
slidesslidesMake sure to accurately represent EACH stage of Make sure to accurately represent EACH stage of
growth!!!growth!!!
Lesson 1-2 ObjectivesLesson 1-2 Objectives
Explain how constitutional, statutory, case, Explain how constitutional, statutory, case, and administrative laws are createdand administrative laws are created
Explain how to resolve conflicts between Explain how to resolve conflicts between constitutional, statutory, case, and constitutional, statutory, case, and administrative lawsadministrative laws
Describe the differences between criminal Describe the differences between criminal and civil, substantive and procedural, and and civil, substantive and procedural, and business and other forms of lawbusiness and other forms of law
Hierarchy of LawHierarchy of Law
a.a. ConstitutionsConstitutions
b.b. StatutesStatutes
c.c. Administrative RegulationsAdministrative Regulations
d.d. CasesCases
6. Constitutions6. Constitutions Constitutional lawConstitutional law: when constitutions are : when constitutions are
adopted or amended or when the courts adopted or amended or when the courts interpret the Constitutioninterpret the Constitution
A constitution is a document that sets forth the A constitution is a document that sets forth the framework of a gov. and the relationship to people it framework of a gov. and the relationship to people it governsgoverns
US Constitution and state constitutions allocate US Constitution and state constitutions allocate powers between: powers between:
1.1. People and their government – Bill of RightsPeople and their government – Bill of Rights
2.2. State and federal government – regulate foreign and State and federal government – regulate foreign and interstate businessinterstate business
3.3. Three branches of government – maintain balance of Three branches of government – maintain balance of powerpower
Types of LawsTypes of Laws
What types of laws do you follow on a What types of laws do you follow on a daily basis?daily basis?
StatutesStatutes: laws enacted by state and federal : laws enacted by state and federal legislatureslegislatures
Give 3 examples!Give 3 examples! Ordinance:Ordinance: legislation at the local level legislation at the local level
Give 3 examples!Give 3 examples!
Administrative AgenciesAdministrative Agencies::
Governmental bodies formed to carry out Governmental bodies formed to carry out particular lawsparticular laws
EPA, Social Security Administration, IRS, EPA, Social Security Administration, IRS, DMVDMV
Creates rules and regulationsCreates rules and regulations Supervised by the governor, mayor, Supervised by the governor, mayor,
or presidentor president
Case lawCase law Usually made after a trial has ended and one of Usually made after a trial has ended and one of
the parties has appealed the result to a higher the parties has appealed the result to a higher courtcourt (but the Supreme Court can change its (but the Supreme Court can change its mind later!)mind later!)
Appellate court (court that hears the appeal) Appellate court (court that hears the appeal) publishes its opinion on the casepublishes its opinion on the case used in used in future similar court casesfuture similar court cases
Stare decisisStare decisis: : legal doctrine that requires lower legal doctrine that requires lower courts must follow established case law in courts must follow established case law in deciding similar cases deciding similar cases
In This Case, page 10In This Case, page 10
7. What Happens When Laws 7. What Happens When Laws Conflict? Conflict?
Laws made by different levels of government Laws made by different levels of government may conflictmay conflict
Constitutions and ValidityConstitutions and Validity: : Supreme law of the landSupreme law of the land nothing may conflict nothing may conflict
with itwith it Unconstitutional:Unconstitutional: law is invalid because it conflicts law is invalid because it conflicts
with constitutionwith constitution
Statutes and validityStatutes and validity MUST be constitutionalMUST be constitutional Must NOT conflict with higher level of govMust NOT conflict with higher level of gov
8. Statutes and Validity8. Statutes and Validity
Are either of the following examples Are either of the following examples legal/valid?: legal/valid?:
A city enacted a law making it illegal to sell A city enacted a law making it illegal to sell gasoline for more than $1/gallon.gasoline for more than $1/gallon.
A city enacted a law making the death A city enacted a law making the death penalty mandatory for persons who penalty mandatory for persons who commit murder within the city limits. commit murder within the city limits.
9. Law and Validity9. Law and Validity
Courts are NOT the final authority on Courts are NOT the final authority on effect of statuteseffect of statutes
Legislative bodies can nullify a court’s Legislative bodies can nullify a court’s interpretation by abolishing or rewriting itinterpretation by abolishing or rewriting it
People have power to amend People have power to amend constitutionconstitution
16th amendment16th amendment income taxes income taxes 21st amendment21st amendment repeal of prohibition repeal of prohibition
What are the main types of laws?What are the main types of laws?
READ: What’s your verdict, pg 11READ: What’s your verdict, pg 11
10. Criminal vs. Civil Laws: 10. Criminal vs. Civil Laws: Civil laws:Civil laws: group of laws that redress wrongs group of laws that redress wrongs
against individual persons / propertyagainst individual persons / property When private legal rights or property of an When private legal rights or property of an
individual are violatedindividual are violated defendant losesdefendant loses liable (must compensate) liable (must compensate)
Criminal LawCriminal Law: when citizen’s right to live in : when citizen’s right to live in peace is violatedpeace is violated
Crime: offense against societyCrime: offense against society Acting in the name of the people, gov investigates Acting in the name of the people, gov investigates
wrongdoing and will prosecutewrongdoing and will prosecute Loss = ConvictionLoss = Conviction
Crime may be both civil and criminalCrime may be both civil and criminal OJ SimpsonOJ Simpson
School violence - School violence - http://youthviolence.edschool.virginia.edu/violence-in-schools/national-statistics.html http://youthviolence.edschool.virginia.edu/violence-in-schools/national-statistics.html
1.1. Which school has the most bullying in it?Which school has the most bullying in it?
2.2. Which school is most likely to have gang Which school is most likely to have gang activity?activity?
3.3. Which school has the most colt or Which school has the most colt or extremist activity?extremist activity?
4.4. Which gender is more likely to bring a Which gender is more likely to bring a gun to school?gun to school?
Percentage of students in grades 9-12 who reported Percentage of students in grades 9-12 who reported carrying a weapon at least 1 day during the previous 30 carrying a weapon at least 1 day during the previous 30
days, by location and sex: Various years, 1993-2005days, by location and sex: Various years, 1993-2005
The U.S. is world’s leading incarceratorThe U.S. is world’s leading incarcerator
U.S. rate of incarceration of 941 inmates per U.S. rate of incarceration of 941 inmates per 100,000 population100,000 population record highrecord high
The U.S. now locks up its citizens at a rate The U.S. now locks up its citizens at a rate SIGNIFICANTLY higher than that of other SIGNIFICANTLY higher than that of other industrialized nationsindustrialized nations
For every 100,000 population: For every 100,000 population: 139 in England/Wales139 in England/Wales116 in Canada116 in Canada91 in Germany91 in Germany85 in France85 in France
11. Procedural vs. Substantive Laws: 11. Procedural vs. Substantive Laws:
Procedural lawProcedural law: deals with methods of enforcing : deals with methods of enforcing legal rights and dutieslegal rights and duties
Specify how and when police can make arrests and what Specify how and when police can make arrests and what methods can be used in trialmethods can be used in trial
Determine equitable remediesDetermine equitable remedies ExamplesExamples
Substantive lawSubstantive law: defines YOUR rights and duties: defines YOUR rights and duties All rules of conduct for citizensAll rules of conduct for citizens Defines offensesDefines offenses murder, theft, vehicular homicide, murder, theft, vehicular homicide,
breach of contract, negligencebreach of contract, negligence
12. Business Law: 12. Business Law: Covers all business situations and transactions Covers all business situations and transactions
Most business transactions involve merchant and Most business transactions involve merchant and consumerconsumer
Concerned mostly with civil law, especially contractsConcerned mostly with civil law, especially contracts
TortTort: unintentional violation of another person’s rights, : unintentional violation of another person’s rights, usually due to negligence. This is a form of civil usually due to negligence. This is a form of civil offenses and damages can be recovered. offenses and damages can be recovered.
May also be governed by criminal lawMay also be governed by criminal law Laws vary from state to stateLaws vary from state to state must be constitutional must be constitutional
Uniformity is becoming more and more important!!!Uniformity is becoming more and more important!!!
TO DO LIST: TO DO LIST:
Questions 1-14, pg 13Questions 1-14, pg 13 FINISH Stages of Law Cartoons / FINISH Stages of Law Cartoons /
WorksheetWorksheet
Ch 1-1 quiz tomorrowCh 1-1 quiz tomorrow Ch 1-2 quiz MondayCh 1-2 quiz Monday TEST TUESDAYTEST TUESDAY
Ch 1-2 Review:Ch 1-2 Review:
Review/Re-read: ‘Concepts in Brief’, pg Review/Re-read: ‘Concepts in Brief’, pg 1414
Complete: Vocab, pg 14Complete: Vocab, pg 14 Ch 1-2 Review sheet ANDCh 1-2 Review sheet AND Answer questions: 16, 19, 20, 22, 27, 29, Answer questions: 16, 19, 20, 22, 27, 29,
31, 32, 33 – pg 15-1631, 32, 33 – pg 15-16