© 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 David P. Twomey - Boston College Marianne M. Jennings - Arizona State University

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 2 Chapter 1 The Nature and Sources of Law Chapter 1 The Nature and Sources of Law

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 3 A.Nature of Law and Legal Rights 1.Legal Rights 2.Individual Rights 3.The Right of Privacy 4.Privacy and Technology

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 4 A. Nature of Law and Legal Rights 1.Legal Rights: legal capacity to require another person to do or not do an act. [LO.1] –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.

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 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.  Wilson v. Layne case: having reporters and photographers along in the execution of a warrant is a violation of the Fourth Amendment rights of the parties being searched.

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 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.

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 7 B.Sources of Law

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 8 B. Sources of Law [LO.2] Law provides the framework for business and personal rights and duties, expressed as :Law provides the framework for business and personal rights and duties, expressed as : –Constitutional provisions, –Statutes, –Administrative regulations, and –Case decisions.

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 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. Treaties and Executive Orders Common Law – made up of tradition and court precedent; may be repealed or strengthened by case law and statutory law. Case Law– laws made by decisions of a court; also courts may enforce common law rules Constitutional Law Administrative Law Statutory Law

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 10 C. Uniform State Laws

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 11 C. Uniform State Laws [LO.3] National Conference of Commissioners on Uniform State Laws has drafted model statutes which have been adopted in nearly every state. Best example is the Uniform Commercial Code which regulates sale of goods, leases, banking, and letters of credit.National Conference of Commissioners on Uniform State Laws has drafted model statutes which have been adopted in nearly every state. Best example is the Uniform Commercial Code which regulates sale of goods, leases, banking, and letters of credit. –Other examples include: Model Business Corporations Act and Uniform Partnership Act.

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 12 D.Classifications of Law

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 13 D. Classifications of Law [LO.4] Substantive law creates, defines and regulates rights and liabilities.Substantive law creates, defines and regulates rights and liabilities. Procedural law specifies how rights and liabilities are enforced.Procedural law specifies how rights and liabilities are enforced. Civil law is of Roman origin; common law is of English origin.Civil law is of Roman origin; common law is of English origin.

© 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. Twomey -Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. 14 D. Classifications of Law Law may be described in terms of the subject to which it relates, such as estate law or contract law.Law may be described in terms of the subject to which it relates, such as estate law or contract law. A special category of law is the principle of equity, used in special cases for which the standard law does not provide adequate remedy.A special category of law is the principle of equity, used in special cases for which the standard law does not provide adequate remedy.