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? What arguments would Donna’s Attorney present at the civil trial to determine who was negligent? What arguments would Wilma’s attorney present?

Basic Terms Law Code 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

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

Common vs. Positive Common Law Example: Positive 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 * Laws should be both predictable and flexible

English Common Law The Kings Court Example: Ox Cart Accident – Page 6 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

English Common Law Kings Court Established: Jurisdiction- Jury- 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

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

Section 1-2 Goals Explain how the four levels of law are created Explain how to resolve conflicts between those four levels Describe the differences between: Criminal & Civil Substantive & Procedural Business & Others

Basic Terms Constitution Allocation of power between: 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

Basic Terms Statutes Ordinances Administrative Agencies 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

Basic terms cont. Case Law READ “IN THIS CASE”…PAGE 10 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

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

Criminal Vs. Civil Law What’s your verdict? Page 11 Criminal or Civil?

Criminal Vs. Civil Law Criminal Law Civil 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 Crime- an offence against society

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

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

Procedural vs. Substantive 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

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

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

Two types of Procedural Law 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

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.

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