Business Law
Derives its legal system from England. Common law is based on judge-made law. Set PRECEDENTS-(examples for settling similar disputes) Courts of Equity-Came from England – No Jury! King decides what action to take! Courts of Law – followed prior cases – only money damages as punishment. Specific performance – Granted by equity courts – to Do Something. Injunction – Not to do something Page 48-49
Federal State Local Page 49
Case Law- Based on Common Law It is created when an appellate court issues an opinion! Page 48
Federal Law prevails over state and local law. State Law prevails over local law. Page 49
Executive Legislative Judicial Page 52
Interstate – occurs between two or more states. Intrastate – Occurs within one state, is left to the states. Page 52
Governmental bodies formed to carry out particular law. Legislatures sometimes give administrative agencies legislative powers and limited judicial powers. Legislative power means the agency is authorized to create administrative laws which are called rules and regulations. Social Security Administration Page 53
Latin for “To Adhere to Decided Cases.” Once Case law is stated, it must be followed by lower courts in other similar cases. Page 54
Civil Law = Wrongs against individual persons The police will not take any action in civil conflicts! Criminal Law = When the rights of the public – society as a whole are violated. Page 56
Uniform Commercial Code: A large set of business statutes which simplified, clarified, and modernized many laws relating to commercial transactions. Page 59
Also known as COMMERCIAL LAW Covers rules that apply to business situations and transactions. Involve both a merchant and a consumer. Gain legal knowledge to help you become a more competent consumer. Mainly concerned with civil law- especially contracts. Torts is another category of business law. Torts are private wrongs against people or organizations. Page 59