2 WHAT IS THE PURPOSE OF THE LAW? Laws sets standards that govern our conduct—let’s us know what is expected of us and others—provides method to settle disputes—PROVIDES JUSTICE AND HARMONY IN OUR SOCIETY!
3 OVERVIEW Sources of Law Constitutional Law (Federal and State)Statutory Law (Federal and State)Administrative RegulationsCourt Decisions through interpreting the law
4 U.S. CONSTITUTION Established our form of government Provides the framework as the “ultimate” decision maker in interpreting lawsOutlines and protects our rightsStrong/flexible – Limited/justStrong: provides for national governmentLimited and just: Protects our guaranteed rights.
5 STRUCTURE OF CONSTITUTION ArticlesAmendmentsFirst 10 are the Bill of Rights
6 ARTICLES I-III Establishes our three branches of government. WHY is this important?
8 System of Checks and Balances Each branch has some authority over the othersThe Legislative Branch passes lawsThe Executive Branch enforces lawsThe Judicial Branch interprets laws
9 Taking a look at the U.S. Constitution… Recent vacancies on the Supreme CourtThe Constitution and balance of power in action!
10 ARTICLES IV - VII Relationships between states, full faith and credit How will the Constitution be amendedEstablishes the U.S. Constitution, federal laws, federal treaties as supreme law of the landRatifies the original constitution.
11 Relationship between “Business Law” and the Constitution Branches of government to pass, enforce and interpret lawsFramework and processes all flow from the authority granted by the ConstitutionFramework to ensure constitutionality
12 STATE CONSTITUTIONSSets forth much of the same framework for a State that the U.S. Constitution sets forth for the United States.The U.S. Constitution is supremeThe Wisconsin State Constitution
13 STATUTORY LAWFederal laws (statutes) are compiled in the USC (United States Code)Commercial transaction laws are compiled in the UCC (Uniform Commercial Code)Wisconsin laws (statutes are compiled in the WI Stats. (Wisconsin State Statutes)
14 Courts involvement in Law Common LawInterpretation of StatutesJudicial review
15 1. COMMON LAWHistorically, the compiled record of previous decisions made by various judges throughout the districtsBased on precedentStare decisis “Standing by the decision”Unless there is a good reason, cases presenting same legal issue should be based on precedent
16 2. STATUTORY INTERPRETATION Provides clarityEvaluates the legislative intent of the lawEvaluates old laws that new law replacesEvaluates past precedent
19 ADMINISTRATIVE REGULATIONS Regulations that are Agency specificAdministrative Agency:A board, bureau, office, department etc. of the executive branch that implements the law which originates with the legislative branch.A REGULATORY AGENCY!FBI, Federal Aviation, Homeland SecurityDept of Motor Vehicles, County Emergency Government
20 ADMINISTRATIVE REGS Federal Administrative Statutes Compiled in the CFR (Code of Federal Regulations)Wisconsin Administrative Codes
21 How is business law derived from the U.S. Constitution? U.S. Constitution sets forth the framework of our government (separation of powers) grants powers to Congress to make lawsU.S. Constitution sets for the framework of the Supreme Court and lower courts as the judicial body (justice system!)Laws and regulations are to be in compliance with the U.S. Constitution (Constitutional)U.S. Constitution is supreme and Supreme Court is highest judicial body
22 SummaryThe Constitution contains the framework of government and separation of powers; framework for ensuring rights; U.S. Constitution is supremeThe purpose of the law:Helps to achieve justice in harmony in societySets standards that govern conductA means to settle disputesLaws come from a variety of sourcesConstitutionStatutesCourt DecisionAdministrative Regulations