1. Business Law Chapter One
Our Laws
p.5-17

2. Section 1-1 Goals Explain the stages of evolution of law
Describe the differences between common and positive law
Describe the differences between law courts and equity courts

3. Hot Debate – Page 4 Who was at Fault?
What arguments would Donna’s Attorney present at the civil trial to determine who was negligent?
What arguments would Wilma’s attorney present?

4. Basic Terms Law Code Enforceable rules of conduct in a society
Reflect the culture and circumstances that create them
Code
Laws grouped into an organized form
Criminal, property, business, family, personal injury, labor laws

5. Stages in the Growth of Law
1. Individuals take revenge for wrongs done to them 2. Awards of money or goods are substituted for revenge 3. Court systems are formed 4. A central authority figure (sovereign) intervenes to prevent and punish wrongs

6. Common vs. Positive Common Law Example: Positive Law
Based on current standards or customs
Usually pronounced by judges
Used to settle disputes
Example:
Cigarettes
Positive Law
Dictated from above
Usually from a higher central authority figure
To prevent disputes before they happen
* Laws should be both predictable and flexible

7. English Common Law The Kings Court Example: Ox Cart Accident – Page 6
1150 by King Henry II
Developed to create consistency among regions
Appointed Judges
Good weather months judges would “ride circuit”
Bad weather months judges met in London to hear cases
Example: Ox Cart Accident – Page 6

8. English Common Law Kings Court Established: Jurisdiction- Jury-
The power to decide a case
Jury-
panel of citizens, to interpret local customs
Unique to English Common Law
Precedent-
Use of prior cases as a guide for similar cases

9. Levels of Government Federal State Local Each level consists of
Constitutions
Statutes
Administrative Legislations
Case Law

10. Section 1-2 Goals Explain how the four levels of law are created
Explain how to resolve conflicts between those four levels
Describe the differences between:
Criminal & Civil
Substantive & Procedural
Business & Others

11. Basic Terms Constitution Allocation of power between:
A document that sets forth the framework of a government & its relationship to the people it governs
Allocation of power between:
People & government – Bill of Rights
State & federal government – Fed regulates commerce (intrastate and interstate)
Branches of government – checks and balances between the three branches

12. Basic Terms Statutes Ordinances Administrative Agencies
Laws enacted by state or federal legislature
Example: What's Your Verdict? Page 9
Ordinances
Laws enacted at the local level
Administrative Agencies
Government bodies formed to carry out particular laws
Social Security Administration Federal
Pa Department of Transportation State
County Zoning Commission Local

13. Basic terms cont. Case Law READ “IN THIS CASE”…PAGE 10
Usually is made after a trial has ended and appealed.
The decision of that appeal may create a new law
Stare decisis
READ “IN THIS CASE”…PAGE 10

14. What Happens when Laws Conflict?
Any federal, state or local law that conflicts with the constitution is unconstitutional
That law is invalid
Turn to page 618 for some constitutional laws

15. Criminal Vs. Civil Law
What’s your verdict? Page 11
Criminal or Civil?

16. Criminal Vs. Civil Law Criminal Law Civil Law
Define and set punishment for offences against society
Violates citizen’s right to live in peace
Civil Law
Define and set punishment for offences against individuals
Example: tenant refuses to pay rent; owner can sue
Crime- an offence against society

17. Criminal Vs. Civil Law What’s your verdict? Page 11 Criminal or Civil?
Both – running through a stop sign is a crime against society
- smashing into Bates is a civil offense

18. Law in the Media?? Read Karla Faye Tucker Case - P.12
Is execution ever justified as a punishment for crime?
Why? / Why not?

19. Procedural vs. Substantive
Deals with methods of enforcing legal rights and duties
How/when arrests can be made
Determine equitable remedies
Stare decisis
lower courts must follow existing case law in similar cases

20. Substantive Defines rights and duties Rules of conduct
Except enforcement
Defines offences
Murder
Theft
Vehicular homicide
negligence

21. Business Law
Covers rules that apply to business situations & transactions
Most occur between merchant and consumer
Concerned with Civil law
Torts
Private wrongs against people/organizations
Manufactures make defective products

22. Two types of Procedural Law
Criminal Procedural
Defines the process for enforcing the law when someone is charged with a crime
Civil Procedural
Used when civil law is violated
Concerned with private offences
Police & public prosecutors generally do not get involved

23. Uniform Commercial Code (UCC)
Widely adopted uniform business law
Gives consistency between state commercial laws
Sales of goods, aspects of banking, leases of goods, credit transactions, etc.

24. Review what you know Think Critically page 13
#10 - #12 & 14
Your Legal Vocabulary page 14
#1 - 14