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Business Law Unit 1 Law, Justice, and You

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1 Business Law Unit 1 Law, Justice, and You
Lesson 1-2 Types of Laws

2 Goals Identify the four sources of law
Discuss how to resolve conflicts between different sources of laws Compare and contrast criminal and civil law, and substantive and procedural law

3 Constitutions Document that sets forth the framework of a government and its relationship to the people it governs You are governed by the: Constitution of the United States Constitution of the State of New Jersey The Supreme Court of the United States is the final interpreter of the federal Constitution The New Jersey Supreme Court is the final authority of the state constitution

4 Constitutions When courts interpret constitutions, constitutional law is made Federal Constitution is “the supreme law of the land” Fed. Constitution is the main instrument for allocating powers between people and their governments Bill of Rights – 1st 10 amendments First ten amendments Protects people from actions of their government Freedom of speech, right to remain silent, etc

5 Constitutions Fed. Constitution allocates power between federal and state government Interstate commerce taken care of by federal government Intrastate commerce taken care of by the state government

6 Constitutions Allocation of power among the branches of government
Three branches of government: Executive Legislative Judicial System of checks and balances

7 Statutes The federal Constitution created the Congress of the U. S.
State constitutions created the state legislatures Both are composed of elected representatives of the people These legislatures enact laws called statutes.

8 Case Law Created by the Judicial Branch
Can be both at Federal and State Level After Trial is ended and appeal is made the appellate court publishes it’s opinion = case law Case Law states new rules to be used in deciding similar/same cases Stare Decisis – “Let the decision stand” Not always binding to the supreme court

9 Administrative Regulations
Federal, state, and local legislatures all create administrative agencies Governmental bodies formed to carry out particular laws Social Security Administration (federal) New Jersey Department of Transportation (state) Zoning Commission (local) Usually controlled by the executive branch of government that formed the agency

10 Administrative Regulations
Legislative power Authorized to create administrative laws Rules and regulations Limited judicial power Hearings Make determinations of fact Apply the law to particular cases

11 Conflicting Laws Any federal, state, or local statute, case law or admin. decision is not valid if it conflicts with the constitution (unconstitutional) The people have the power to amend the constitution if they disagree with the Supreme Court’s interpretation

12 Conflicting Laws Statutes and validity
Must be constitutional to be valid Court can examine to see if the body that authorized it exceeded the scope of their powers Administrative regulations and validity Case law and validity Courts are not the final authority Statutes can be abolished or rewritten Administrative agencies can revise regulations if challenged People, through votes for representatives, have power to amend constitutions

13 Main types of Laws Civil and criminal laws
Procedural and substantive laws Business law Uniform business laws

14 Civil v. Criminal Law Civil law
When the private legal rights of an individual are violated One person has a right to sue another person Police do not take action in civil conflicts

15 Civil v. Criminal Law Criminal law
Crime—an offense against society Disrupts the stable environment that we depend on to make civilization work Government acts in the name of all the people to investigate an alleged crime Conviction Fine Imprisonment Execution (in some states) *An offense can be both a crime and civil offense.

16 Procedural v. Substantive Laws
Procedural law Deals with methods of enforcing legal rights and duties How and when police can make arrests Trial methods Stare decisis Rules for determining the supremacy of conflicting laws

17 Two types of Procedural
Criminal Procedure Civil Procedure Defines the process for enforcing the law when someone is charged with a crime Used when a civil law has been violated Concerned only with private offenses Police and public prosecutors generally don’t get involved

18 Substantive Laws Substantive laws Defines rights and duties
Concerned with all rules of conduct except those involved with enforcement Defines offenses Murder Theft Vehicular homicide, etc.

19 Business Law Covers rules that apply to business situations and transactions Mostly civil law Contracts Torts—private wrongs (civil offenses) against people or organizations Uniform Commercial Code (UCC)-a set of laws that is formulated hoping states will adopt them.

20 Types of Laws

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