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Business Law Chapter One

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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

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