© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 1 © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. David P. Twomey - Boston College Marianne M. Jennings - Arizona State University

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 Chapter 1 The Nature and Sources of Law Chapter 1 The Nature and Sources of Law

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 A.Nature of Law and Legal Rights 1.Legal Rights 2.Individual Rights 3.The Right of Privacy 4.Privacy and Technology

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 A. Nature of Law and Legal Rights [LO.1] 1. Legal Rights: –Legal capacity to require another person to do or not do an act. –Our rights flow from the U.S. Constitution, state constitutions, federal and state statutes, local laws. –Duties and Rights coexist. No right exists without a corresponding duty.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 A. Nature of Law and Legal Rights 2.Individual Rights: – Include freedom of speech, due process, right to vote. 3. Right of Privacy: –Right to be secure against unreasonable searches and seizures. –Includes right to protection against intrusion by others.  Arizona vs. Gant case: Searches require warrants or a valid exception to the privacy provided under the Fourth Amendment.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 A. Nature of Law and Legal Rights 4. Privacy and Technology: –Technology has changed the way we interact with each other and allows easier intrusion into another’s privacy. –Courts and Congress have said that right to privacy also exists in electronic form and the Internet.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 B.Sources of Law

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 B. Sources of Law [LO.2]  Law provides the framework for business and personal rights and duties, expressed as: –Constitutional law –Statutory law –Administrative law –Private law –Case law, Statutory interpretation & Precedent –Treaties and Executive orders –Uniform State Laws

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 Federal (U.S) Constitution State Constitution Federal (U.S. Congress) State Legislatures Local Gov’t (City, County) Federal Administrative Agencies State Administrative Agencies B. Sources of Law The National Conference of Commissioners on Uniform State Law has drafted statutes on various subjects to try to achieve uniformity among state statutes. Constitutional Law Administrative Law Statutory Law

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 B. Sources of Law Rules and regulations parties agree to as part of their contractual relationship. Private Law Laws made by decisions of a court; Clarifies the meaning of statutes and creates precedents. Many times courts apply common law. Case Law Treaties made by the United States and executive orders of the president of the United States or other public officials. Treaties and Executive Orders Statutes drafted by the National Conference of Commissioners for adoption by the states. Best example is the Uniform Commercial Code (UCC). Uniform State Laws

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 C.Classifications of Law

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 C. Classifications of Law [LO.3] – Substantive law creates, defines and regulates rights and liabilities. – Procedural law specifies how rights and liabilities are enforced. – Criminal laws define wrongs against society. – Civil laws define the rights of one person against another.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 C. Classifications of Law  Law vs. Equity: –Equity is a body of law that provides justice when the law does not offer an adequate remedy of the application of the law would be terribly unfair.