Presentation on theme: "Introduction to Law – Chapter 1"— Presentation transcript:
1 Introduction to Law – Chapter 1 Business LawIntroduction to Law –Chapter 1
2 Objectives Explain the stages in the evolution of law Describe the differences between common law and positive lawDescribe the difference between law courts and equity courts
3 HOT DEBATE!!! Let’s see how much you ALREADY know! Read and discuss the Hot Debate on page 4 with a partner. Be prepared to discuss your answer.You have 5 minutes!
4 1. WHAT IS LAW??? Laws: enforceable rules of conduct in a society Reflect the culture and circumstances that create themCode: laws are grouped into organized formKing of Babylon 4000 years ago Code of Hammurabi – SAME law principles
5 2. Stages of Growth of Law: How Legal Systems are Formed Individuals take revenge for wrongs done to themAwards of money or goods are substituted for revengeCourt systems are formed to hear the injuredA central authority figure intervenes to prevent and punish wrongs issues laws
6 Stage 1: Taking Revenge Injuries sustained call for personal revenge Usually disrupt the people’s normal routine and result in harm to innocent bystandersOften results in one individual seizing power and exerting control to restore peace to the societyStill prevalent in gangs
7 Stage 2: Awarding $$Sovereign – the powerful person from Stage 1 then goes on to award money or goods as a substitute for revenge
8 Stage 3: Forming CourtsElders or priests generally preside over these courtsSovereign presides over the most important cases
9 Stage 4: Prevention The sovereign: Uses the courts to prevent problems from arisingIssues laws to punish behaviors that injure others
10 3. Common Law vs. Positive Law Reflects the wisdom, or lack thereof, of their creatorsShould be: predictable and flexibleLaws based on current standards or customs of the peoplePositive law:Laws dictated by central authority to prevent disputes and wrongsVery inflexible
11 4. World’s Greatest 2 Systems of Law English Common LawThe US follows this type (except LA)Jurisdiction evolved: the power to decide a case‘Uniform and consistent’Roman Civil LawLA usesIndividual attention
12 5. Equity: An Alternative to Common Law Common laws follow precedent (use prior cases to help determine new cases).Disadvantage of common law: you had to wait until injury actually occurred to take legal actionEquity Law (meaning FAIR): You can take legal action to prevent wrongdoingsInjunction – an order that prohibits something from being done
13 Think about it… Why do societies need laws and courts? Laws - To protect individuals and settle disputes between individualsCourts - settle disputes, award damages, prevent/punish wrongs
14 Think about it… Differences between law courts and equity courts Law courts follow precedents AFTER an injury has occurredEquity courts follow precedents but can also issue injunctions to stop actions in order to PREVENT harm from being done.
15 Quick Content Check!List the 4 stages of how the legal system evolved.What are some differences between common law and positive law?Describe the difference between law courts and equity courts.
16 TO DO LIST: Page 8: Questions, 1, 2, 4, 6, 7, 8 Stages of Law Cartoon Create a cartoon strip depicting the FOUR stages of growth of law.Use paper, pencils, markers or technology provided.Your cartoon strip MUST include AT LEAST 4 slidesMake sure to accurately represent EACH stage of growth!!!
17 Lesson 1-2 ObjectivesExplain how constitutional, statutory, case, and administrative laws are createdExplain how to resolve conflicts between constitutional, statutory, case, and administrative lawsDescribe the differences between criminal and civil, substantive and procedural, and business and other forms of law
18 Hierarchy of Law Constitutions Statutes Administrative Regulations Cases
19 6. ConstitutionsConstitutional law: when constitutions are adopted or amended or when the courts interpret the ConstitutionA constitution is a document that sets forth the framework of a gov. and the relationship to people it governsUS Constitution and state constitutions allocate powers between:People and their government – Bill of RightsState and federal government – regulate foreign and interstate businessThree branches of government – maintain balance of power
20 Types of LawsWhat types of laws do you follow on a daily basis?
21 Statutes: laws enacted by state and federal legislatures Give 3 examples!Ordinance: legislation at the local level
22 Administrative Agencies: Governmental bodies formed to carry out particular lawsEPA, Social Security Administration, IRS, DMVCreates rules and regulationsSupervised by the governor, mayor, or president
23 In This Case, page 10 Case law Usually made after a trial has ended and one of the parties has appealed the result to a higher court (but the Supreme Court can change its mind later!)Appellate court (court that hears the appeal) publishes its opinion on the case used in future similar court casesStare decisis: legal doctrine that requires lower courts must follow established case law in deciding similar casesIn This Case, page 10
24 7. What Happens When Laws Conflict? Laws made by different levels of government may conflictConstitutions and Validity:Supreme law of the land nothing may conflict with itUnconstitutional: law is invalid because it conflicts with constitutionStatutes and validityMUST be constitutionalMust NOT conflict with higher level of gov
25 8. Statutes and ValidityAre either of the following examples legal/valid?:A city enacted a law making it illegal to sell gasoline for more than $1/gallon.A city enacted a law making the death penalty mandatory for persons who commit murder within the city limits.
26 9. Law and ValidityCourts are NOT the final authority on effect of statutesLegislative bodies can nullify a court’s interpretation by abolishing or rewriting itPeople have power to amend constitution16th amendment income taxes21st amendment repeal of prohibition
27 What are the main types of laws? READ: What’s your verdict, pg 11
28 10. Criminal vs. Civil Laws: Civil laws: group of laws that redress wrongs against individual persons / propertyWhen private legal rights or property of an individual are violateddefendant loses liable (must compensate)Criminal Law: when citizen’s right to live in peace is violatedCrime: offense against societyActing in the name of the people, gov investigates wrongdoing and will prosecuteLoss = ConvictionCrime may be both civil and criminal OJ Simpson
30 School violence - http://youthviolence. edschool. virginia Which school has the most bullying in it?Which school is most likely to have gang activity?Which school has the most colt or extremist activity?Which gender is more likely to bring a gun to school?
31 Percentage of students in grades 9-12 who reported carrying a weapon at least 1 day during the previous 30 days, by location and sex: Various years,
32 The U.S. is world’s leading incarcerator U.S. rate of incarceration of 941 inmates per 100,000 population record highThe U.S. now locks up its citizens at a rate SIGNIFICANTLY higher than that of other industrialized nationsFor every 100,000 population:139 in England/Wales116 in Canada91 in Germany85 in France
33 11. Procedural vs. Substantive Laws: Procedural law: deals with methods of enforcing legal rights and dutiesSpecify how and when police can make arrests and what methods can be used in trialDetermine equitable remediesExamplesSubstantive law: defines YOUR rights and dutiesAll rules of conduct for citizensDefines offenses murder, theft, vehicular homicide, breach of contract, negligence
34 12. Business Law: Covers all business situations and transactions Most business transactions involve merchant and consumerConcerned mostly with civil law, especially contractsTort: unintentional violation of another person’s rights, usually due to negligence. This is a form of civil offenses and damages can be recovered.May also be governed by criminal lawLaws vary from state to state must be constitutionalUniformity is becoming more and more important!!!
35 TO DO LIST: Questions 1-14, pg 13 FINISH Stages of Law Cartoons / WorksheetCh 1-1 quiz tomorrowCh 1-2 quiz MondayTEST TUESDAY