Unit 2-1 Business Law. History of the Law What is the basis of law?

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Presentation transcript:

Unit 2-1 Business Law

History of the Law What is the basis of law?

Declaration of Independence Important Documents Declaration of Independence-July 4, 1776 a document that announced we need to have rights and that “all men are created equal” to get this we must have our own government to get these rights.

Article of Confederation-1781 Important Documents adopted following items 1. 1 hour legislation 2. Strict term limits for legislation. 3. Power to declare war, peace and treaties. 4. States asked to join and make payments 5. National Defense. 6. Legislation-2/3 vote to pass items. 7. Unanimous vote to make amendments.

U.S. Constitution-1788 Important Documents An additional and clean up of the 7 Articles of Confederation. 9 states approved which made it law The big concern was adequate human rights protection.

Bill of Rights Amendment I-Freedom of religion, free speech, freedom of the press, and the right to assemble and petition to the government for a redress of grievances. Amendment II-Freedom to bear arms Amendment III-No soldiers should be housed by individuals Amendment IV-Right to reasonable searches and seizure

Bill of Rights Amendment V-Right to due process of law, freedom from self- incrimination, and no double jeopardy Amendment VI-Right to speedy and public trial Amendment VII-Right to have a jury trial for civil cases Amendment VIII-Freedom from cruel and unusual punishment also excessive bail.

Bill of Rights Amendment IX-rights of the people should be honored Amendment X –Powers reserved by the States.

Civil Rights Definition-are the rights that include freedom of speech, press and assembly. Advantages-to stop oppression of certain groups of people, separation of church and state, and to help all people have a voice in our government. Disadvantages-too much individual rights may interfere with government safety

Civil Rights Important Amendments- First-right to religion and freedom of speech 4 th -no unlawful searches and must have just cause. 5 th –must have due process of law 15 th -gave feed slaves the right to vote 19 th -gave women the right to vote 26 th -changed the voting age to 18 in 1971

Natural Rights Definition- the ability to protect and defend what is ours as humans-such as our lives and health Advantages-to protect all of the people from dangers, to help the country be strong with strong individuals and to build a strong nation Disadvantages-the need to help protect all that cannot defend

Political Rights Definition-the establishment of the political system with checks and balances. Advantages-the need for equal and just freedoms, the ability to give set boundaries for each group, no one group is ultimately in power. Disadvantages-can play against each other and nothing gets done.

Political Rights Executive Branch-the president and vice-president and their powers Requirements-must be natural born US citizen, must have lived in the US for the last 14 years, must be at least 35 years old Cannot have been impeached by the Senate or have created a rebellion against the government.

Political Rights Executive-is the person who enforces the laws Balance of power included-vetoing laws passed by Congress Congress in turn can overturn by a 2/3 margin President appoints the Judicial members with consent by Congress

Political Rights Legislative-makes the laws Senate contains 2 senators from each state-6 year term House of Representatives is based on population of states-2 year term House has power to impeach Government officials, but Senate has the hearings

Political Rights Judicial Branch-makes sure the laws are ethical and just Supreme Court-who are appointed by the Executive office, but confirmed by the Legislative Terms for justices are for life, consist of 8 judges and 1 supreme court justice Supreme Court of the land who handle cases that go through the appeals process.

Cyber Law Definition-is law that governs the use of computers in e- commerce and the Internet. Created in 1960’s by the Department of Defense Tim Bernes-Lee was the developer of the use of www, html language and http 1990’s is when the Internet began to be used by most Legal issues are still being developed

Cyber Laws Lanham Act of 1976-protection of trademarks and copyrights Trademark Dilution Act of 1996-attempts to protect the holders of famous trademarks from the effect of domain-page registration that tend to confuse users Computer Fraud and Abuse Act-an often amended act that pioneered the treatment of computer related crimes a unique offenses in the US

Cyber Laws Telecommunications Ac of 1996-The Communications Decency Act of 1996 (CDA)- makes it criminal to knowingly transport bad material or interstate or foreign commerce for sale. Fraudulent Online Identity Sanctions Act of 2004-increase potential prison sentences by up to 7 years for the false use of domain name regisrtar or authority