Presentation on theme: "Business Law Unit 1 Law, Justice, and You"— Presentation transcript:
1 Business Law Unit 1 Law, Justice, and You Lesson 1-2Types of Laws
2 Goals Identify the four sources of law Discuss how to resolve conflicts between different sources of lawsCompare and contrast criminal and civil law, and substantive and procedural law
3 ConstitutionsDocument that sets forth the framework of a government and its relationship to the people it governsYou are governed by the:Constitution of the United StatesConstitution of the State of New JerseyThe Supreme Court of the United States is the final interpreter of the federal ConstitutionThe New Jersey Supreme Court is the final authority of the state constitution
4 ConstitutionsWhen courts interpret constitutions, constitutional law is madeFederal Constitution is “the supreme law of the land”Fed. Constitution is the main instrument for allocating powers between people and their governmentsBill of Rights – 1st 10 amendmentsFirst ten amendmentsProtects people from actions of their governmentFreedom of speech, right to remain silent, etc
5 ConstitutionsFed. Constitution allocates power between federal and state governmentInterstate commerce taken care of by federal governmentIntrastate commerce taken care of by the state government
6 Constitutions Allocation of power among the branches of government Three branches of government:ExecutiveLegislativeJudicialSystem of checks and balances
7 Statutes The federal Constitution created the Congress of the U. S. State constitutions created the state legislaturesBoth are composed of elected representatives of the peopleThese legislatures enact laws called statutes.
8 Case Law Created by the Judicial Branch Can be both at Federal and State LevelAfter Trial is ended and appeal is made the appellate court publishes it’s opinion = case lawCase Law states new rules to be used in deciding similar/same casesStare Decisis – “Let the decision stand”Not always binding to the supreme court
9 Administrative Regulations Federal, state, and local legislatures all create administrative agenciesGovernmental bodies formed to carry out particular lawsSocial Security Administration (federal)New Jersey Department of Transportation (state)Zoning Commission (local)Usually controlled by the executive branch of government that formed the agency
10 Administrative Regulations Legislative powerAuthorized to create administrative lawsRules and regulationsLimited judicial powerHearingsMake determinations of factApply the law to particular cases
11 Conflicting LawsAny federal, state, or local statute, case law or admin. decision is not valid if it conflicts with the constitution (unconstitutional)The people have the power to amend the constitution if they disagree with the Supreme Court’s interpretation
12 Conflicting Laws Statutes and validity Must be constitutional to be validCourt can examine to see if the body that authorized it exceeded the scope of their powersAdministrative regulations and validityCase law and validityCourts are not the final authorityStatutes can be abolished or rewrittenAdministrative agencies can revise regulations if challengedPeople, through votes for representatives, have power to amend constitutions
13 Main types of Laws Civil and criminal laws Procedural and substantive lawsBusiness lawUniform business laws
14 Civil v. Criminal Law Civil law When the private legal rights of an individual are violatedOne person has a right to sue another personPolice do not take action in civil conflicts
15 Civil v. Criminal Law Criminal law Crime—an offense against societyDisrupts the stable environment that we depend on to make civilization workGovernment acts in the name of all the people to investigate an alleged crimeConvictionFineImprisonmentExecution (in some states)*An offense can be both a crime and civil offense.
16 Procedural v. Substantive Laws Procedural lawDeals with methods of enforcing legal rights and dutiesHow and when police can make arrestsTrial methodsStare decisisRules for determining the supremacy of conflicting laws
17 Two types of Procedural Criminal ProcedureCivil ProcedureDefines the process for enforcing the law when someone is charged with a crimeUsed when a civil law has been violatedConcerned only with private offensesPolice and public prosecutors generally don’t get involved
18 Substantive Laws Substantive laws Defines rights and duties Concerned with all rules of conduct except those involved with enforcementDefines offensesMurderTheftVehicular homicide, etc.
19 Business LawCovers rules that apply to business situations and transactionsMostly civil lawContractsTorts—private wrongs (civil offenses) against people or organizationsUniform Commercial Code (UCC)-a set of laws that is formulated hoping states will adopt them.