I. Introduction A. Law definition B. Law in business.

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Presentation transcript:

I. Introduction A. Law definition B. Law in business

II. Nature of Law A. More limited meaning B. Functions of law 1. keeping peace 2. enforcing standards of conduct 3. facilitating planning 4. promotes social justice

III. Classification of law A. Substantive vs procedural 1. substantive definition 2. procedural B. Criminal vs. civil 1. criminal definition: 2. civil definition: 3. same behavior can violate both criminal & civil laws 4. procedural safeguards

IV. American legal system A. Checks & balances 1. between powers of state & federal government 2. between branches of government B. Constitutional powers C. Constitutional limitations 1. Bill of Rights 2. other rights D. Fifty-one legal systems

V. Sources of law A. Constitution, both federal & state B. Treaties C. Statutes D. Administrative rules & regulations E. Executive Order

VI. Court decisions A. Interpretation of statutes 1. power to interpret is important 2. process of interpretation 3. courts tend to uphold agency interpretation B. Common law definition: Judge made law C. Judicial review 1. Roe vs. Wade 2. Johnson vs. Texas

VI. Court Decisions (cont’d) D. Stare decisis 1. Precedent 2. Overturn 3. distinguish

VII. Evolution of Law A. Dilemma of Certainty vs. Flexibility B. Predictability 1. to avoid punishment people must be able to know law 2. procedural requirements of legislature & agencies 3. stare decisis C. Adaptability 1. flexibility in application of stare decisis 2. overrule precedent 3. distinguish case

VIII. Preventive Law A. Definition Business B. Objectives of preventive law C. Practice of preventive law

I. Sources of law A. Constitution, both federal & state B. Treaties C. Statutes D. Administrative rules & regulations E. Executive Order

II. Court decisions A. Interpretation of statutes 1. power to interpret is important 2. process of interpretation 3. courts tend to uphold agency interpretation B. Common law definition: Judge made law C. Judicial review 1. Roe vs. Wade 2. Johnson vs. Texas D. Stare decisis 1. Precedent 2. Overturn 3. distinguish