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Business Law Chapter One

Business Law Chapter One. Our Laws p.5-17. Section 1-1 Goals. Explain the stages of evolution of law Describe the differences between common and positive law Describe the differences between law courts and equity courts. Hot Debate – Page 4. Who was at Fault?

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Business Law Chapter One

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  1. Business Law Chapter One Our Laws p.5-17

  2. Section 1-1 Goals • Explain the stages of evolution of law • Describe the differences between common and positive law • Describe the differences between law courts and equity courts

  3. Hot Debate – Page 4 • Who was at Fault? • What arguments would Donna’s Attorney present at the civil trial to determine who was negligent? • What arguments would Wilma’s attorney present?

  4. Basic Terms • Law • Enforceable rules of conduct in a society • Reflect the culture and circumstances that create them • Code • Laws grouped into an organized form • Criminal, property, business, family, personal injury, labor laws

  5. Stages in the Growth of Law 1. Individuals take revenge for wrongs done to them 2. Awards of money or goods are substituted for revenge 3. Court systems are formed 4. A central authority figure (sovereign) intervenes to prevent and punish wrongs

  6. Common Law Based on current standards or customs Usually pronounced by judges Used to settle disputes Example: Cigarettes Positive Law Dictated from above Usually from a higher central authority figure To prevent disputes before they happen Common vs. Positive * Laws should be both predictable and flexible

  7. English Common Law • The Kings Court • 1150 by King Henry II • Developed to create consistency among regions • Appointed Judges • Good weather months judges would “ride circuit” • Bad weather months judges met in London to hear cases • Example: Ox Cart Accident – Page 6

  8. English Common Law • Kings Court Established: • Jurisdiction- • The power to decide a case • Jury- • panel of citizens, to interpret local customs • Unique to English Common Law • Precedent- • Use of prior cases as a guide for similar cases

  9. Levels of Government • Federal • State • Local • Each level consists of • Constitutions • Statutes • Administrative Legislations • Case Law

  10. Basic Terms • Constitution • A document that sets forth the framework of a government & its relationship to the people it governs • Allocation of power between: • People & government – Bill of Rights • State & federal government – Fed regulates commerce (intrastate and interstate) • Branches of government – checks and balances between the three branches

  11. Basic Terms • Statutes • Laws enacted by state or federal legislature • Example: What's Your Verdict? Page 9 • Ordinances • Laws enacted at the local level • Administrative Agencies • Government bodies formed to carry out particular laws • Social Security Administration Federal • Pa Department of Transportation State • County Zoning Commission Local

  12. Basic terms cont. • Case Law • Usually is made after a trial has ended and appealed. • The decision of that appeal may create a new law • Stare decisis • READ “IN THIS CASE”…PAGE 10

  13. What Happens when Laws Conflict? • Any federal, state or local law that conflicts with the constitution is unconstitutional • That law is invalid • Turn to page 618 for some constitutional laws

  14. Criminal Law Define and set punishment for offences against society Violates citizen’s right to live in peace Civil Law Define and set punishment for offences against individuals Example: tenant refuses to pay rent; owner can sue Criminal Vs. Civil Law • Crime- an offence against society

  15. Criminal Vs. Civil Law • What’s your verdict? Page 11 • Criminal or Civil? • Both – running through a stop sign is a crime against society - smashing into Bates is a civil offense

  16. Law in the Media?? • Read Karla Faye Tucker Case - P.12 • Is execution ever justified as a punishment for crime? • Why? / Why not?

  17. Procedural Deals with methods of enforcing legal rights and duties How/when arrests can be made Determine equitable remedies Stare decisis lower courts must follow existing case law in similar cases Procedural vs. Substantive

  18. Substantive • Defines rights and duties • Rules of conduct • Except enforcement • Defines offences • Murder • Theft • Vehicular homicide • negligence

  19. Business Law • Covers rules that apply to business situations & transactions • Most occur between merchant and consumer • Concerned with Civil law • Torts • Private wrongs against people/organizations • Manufactures make defective products

  20. Criminal Procedural Defines the process for enforcing the law when someone is charged with a crime Civil Procedural Used when civil law is violated Concerned with private offences Police & public prosecutors generally do not get involved Two types of Procedural Law

  21. Uniform Commercial Code (UCC) • Widely adopted uniform business law • Gives consistency between state commercial laws • Sales of goods, aspects of banking, leases of goods, credit transactions, etc.

  22. Review what you know • Think Critically page 13 • #10 - #12 & 14 • Your Legal Vocabulary page 14 • #1 - 14

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