Introduction to Law – Chapter 1 Business Law Introduction to Law – Chapter 1

Objectives Explain the stages in the evolution of law Describe the differences between common law and positive law Describe the difference between law courts and equity courts

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!

1. WHAT IS LAW??? Laws: enforceable rules of conduct in a society Reflect the culture and circumstances that create them Code: laws are grouped into organized form King of Babylon 4000 years ago Code of Hammurabi – SAME law principles

2. Stages of Growth of Law: How Legal Systems are Formed Individuals take revenge for wrongs done to them Awards of money or goods are substituted for revenge Court systems are formed  to hear the injured A central authority figure intervenes to prevent and punish wrongs issues laws

Stage 1: Taking Revenge Injuries sustained call for personal revenge Usually disrupt the people’s normal routine and result in harm to innocent bystanders Often results in one individual seizing power and exerting control to restore peace to the society Still prevalent in gangs

Stage 2: Awarding $$ Sovereign – the powerful person from Stage 1 then goes on to award money or goods as a substitute for revenge

Stage 3: Forming Courts Elders or priests generally preside over these courts Sovereign presides over the most important cases

Stage 4: Prevention The sovereign: Uses the courts to prevent problems from arising Issues laws to punish behaviors that injure others

3. Common Law vs. Positive Law Reflects the wisdom, or lack thereof, of their creators Should be: predictable and flexible Laws based on current standards or customs of the people Positive law: Laws dictated by central authority to prevent disputes and wrongs Very inflexible

4. World’s Greatest 2 Systems of Law English Common Law The US follows this type (except LA) Jurisdiction evolved: the power to decide a case ‘Uniform and consistent’ Roman Civil Law LA uses Individual attention

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 action Equity Law (meaning FAIR): You can take legal action to prevent wrongdoings Injunction – an order that prohibits something from being done

Think about it… Why do societies need laws and courts? Laws - To protect individuals and settle disputes between individuals Courts - settle disputes, award damages, prevent/punish wrongs

Think about it… Differences between law courts and equity courts Law courts follow precedents AFTER an injury has occurred Equity courts follow precedents but can also issue injunctions to stop actions in order to PREVENT harm from being done.

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.

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 slides Make sure to accurately represent EACH stage of growth!!!

Lesson 1-2 Objectives Explain how constitutional, statutory, case, and administrative laws are created Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law

Hierarchy of Law Constitutions Statutes Administrative Regulations Cases

6. Constitutions Constitutional law: when constitutions are adopted or amended or when the courts interpret the Constitution A constitution is a document that sets forth the framework of a gov. and the relationship to people it governs US Constitution and state constitutions allocate powers between: People and their government – Bill of Rights State and federal government – regulate foreign and interstate business Three branches of government – maintain balance of power

Types of Laws What types of laws do you follow on a daily basis?

Statutes: laws enacted by state and federal legislatures Give 3 examples! Ordinance: legislation at the local level

Administrative Agencies: Governmental bodies formed to carry out particular laws EPA, Social Security Administration, IRS, DMV Creates rules and regulations Supervised by the governor, mayor, or president

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 cases Stare decisis: legal doctrine that requires lower courts must follow established case law in deciding similar cases In This Case, page 10

7. What Happens When Laws Conflict? Laws made by different levels of government may conflict Constitutions and Validity: Supreme law of the land nothing may conflict with it Unconstitutional: law is invalid because it conflicts with constitution Statutes and validity MUST be constitutional Must NOT conflict with higher level of gov

8. Statutes and Validity Are 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.

9. Law and Validity Courts are NOT the final authority on effect of statutes Legislative bodies can nullify a court’s interpretation by abolishing or rewriting it People have power to amend constitution 16th amendment income taxes 21st amendment repeal of prohibition

What are the main types of laws? READ: What’s your verdict, pg 11

10. Criminal vs. Civil Laws: Civil laws: group of laws that redress wrongs against individual persons / property When private legal rights or property of an individual are violated defendant loses liable (must compensate) Criminal Law: when citizen’s right to live in peace is violated Crime: offense against society Acting in the name of the people, gov investigates wrongdoing and will prosecute Loss = Conviction Crime may be both civil and criminal  OJ Simpson

According to the FBI (2011)

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?

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, 1993-2005

The U.S. is world’s leading incarcerator U.S. rate of incarceration of 941 inmates per 100,000 population record high The U.S. now locks up its citizens at a rate SIGNIFICANTLY higher than that of other industrialized nations For every 100,000 population: 139 in England/Wales 116 in Canada 91 in Germany 85 in France

11. Procedural vs. Substantive Laws: Procedural law: deals with methods of enforcing legal rights and duties Specify how and when police can make arrests and what methods can be used in trial Determine equitable remedies Examples Substantive law: defines YOUR rights and duties All rules of conduct for citizens Defines offenses murder, theft, vehicular homicide, breach of contract, negligence

12. Business Law: Covers all business situations and transactions Most business transactions involve merchant and consumer Concerned mostly with civil law, especially contracts Tort: 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 law Laws vary from state to state must be constitutional Uniformity is becoming more and more important!!!

TO DO LIST: Questions 1-14, pg 13 FINISH Stages of Law Cartoons / Worksheet Ch 1-1 quiz tomorrow Ch 1-2 quiz Monday TEST TUESDAY

Ch 1-2 Review: Review/Re-read: ‘Concepts in Brief’, pg 14 Complete: Vocab, pg 14 Ch 1-2 Review sheet AND Answer questions: 16, 19, 20, 22, 27, 29, 31, 32, 33 – pg 15-16