August 9, 2002 BUSINESS LAW (Ms. Hawkins) 1 CHAPTER 1: OUR LAWS Chapter 1 presents the evolution of U.S. law with an emphasis on the legal system and the type of laws.
August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 1: OUR LAWS Chapter 1 presents the evolution of U.S. law with an emphasis on the legal system and the.
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August 9, 2002 BUSINESS LAW (Ms. Hawkins) 1
CHAPTER 1: OUR LAWS
Chapter 1 presents the evolution of U.S. law with an emphasis on the legal system and the type of laws.
August 9, 2002 BUSINESS LAW (Ms. Hawkins) 2
CHAPTER 1: OUR LAWS
What is law?
The enforceable rules of conduct in a society that reflect the culture and circumstances that create them.
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How long ago was the first law code set down?
The first law code was set down 4,000 years ago by King Hammurabi of Babylon, and is similar to that found in our current law codes.
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Why would law codes set down so long ago still be needed today?
People are still committing the same types of offenses against each other.
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The 4 Stages in the Growth of Law:• Individuals take revenge for wrongs done to
them.
• Awards of money or goods are substituted for revenge.
• Court systems are formed.
• A central authority figure intervenes to prevent and punish wrongs.
(gang drive-by)
(a sovereign emerges to seize power and exert control to bring peace)
(elders or priests preside over the courts)
(the sovereign uses the courts and issues laws)
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Common Law v. Positive Law
Common Law: law based on the current standards or customs of the people; usually pronounced by judges who use it to settle disputes. (too much power?)
Positive Law: Laws set down by a central authority to prevent disputes and wrongs from occurring.
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Common Law Marriage Example…
If you cohabitate with someone for a certain length of time, you have entered into a common law marriage.
True or False?
True, depending on what state you live in.(http://www.unmarried.org )
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In the state of Georgia, a marriage can get common law status if created before 1/1/97.
You must additionally “hold yourself out to be married:• Tell the community you are married• Call each other husband and wife• Use the same last name• File joint income tax returns
(http://www.unmarried.org )
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What other states allow common law marriage?
(http://www.unmarried.org )
• Alabama• Colorado• Georgia• Idaho• Iowa
• Pennsylvania• Rhode Island• South Carolina• Texas• Utah• Washington, D.C.
• Kansas• Montana• New Hampshire• Ohio• Oklahoma
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States with Laws (Rarely Enforced) Making Unmarried Cohabitation Illegal:
(http://www.unmarried.org )
Florida North Carolina Massachusetts North DakotaMichigan VirginiaMississippi West Virginia
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The following states' laws against "fornication" may also make cohabitation illegal:
(http://www.unmarried.org )
Washington, D.C. Indiana
Georgia South Carolina
Idaho Utah
Illinois
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• Here are some silly laws (some have been repealed):
(http://www.netunlimited.net/~liberty/silly.html )
If you bring a raccoon's head to the Henniker, New Hampshire town hall, you are entitled to receive 10 cents from the town.
Connersville, Wisconsin - It's illegal for a man to shoot a gun when his female partner has an orgasm.
In Carmel, N.Y., a man can't go outside while wearing a jacket and pants that do not match.
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More Silly Laws:
(http://www.netunlimited.net/~liberty/silly.html )
In Denver it is unlawful to lend your vacuum cleaner to your next-door neighbor.
In Lexington, Kentucky, it's illegal to carry an ice cream cone in your pocket.
It's illegal in Wilbur, Washington, to ride an ugly horse.
The state law of Pennsylvania prohibits singing in the bathtub.
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Marriage in Georgia (more info):
(http://www.netunlimited.net/~liberty/silly.html )
http://www.gpc.edu/~wbroadwe/gamarriage.htm
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What is the Origin of Our Legal System?
• The world’s two great systems of law are English Common Law and Roman Civil Law.
• 49 U.S. states use the English Common Law.
• Louisiana law is based on Roman Civil Law.
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English Common Law…• English Common Law followed precedent
(courts used prior cases as a guide for deciding similar new cases).
• Advantage: provided stability and uniformity in the law.
• Disadvantages: resulted in rigid adherence to proper form and harm had to be done before courts could take action.
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English Common Law…• English Common Law followed precedent
(courts used prior cases as a guide for deciding similar new cases).
• Advantages: provided stability and uniformity in the law; ability to adapt to changes in society.
• Disadvantages: resulted in rigid adherence to proper form; harm had to be done before courts could take action.
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English Common Law…• Equity (basic fairness) was missing from the
early system.
• Only persons who could petition the king directly (e.g. noblemen) could get equity.
• A system of equity courts became available to all citizens eventually.
• Law courts and equity courts are generally merged in the U.S. today (See FYI, Page 8).
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What are the sources of our laws?• Laws in the U.S. are created at federal, state,
and local levels of government.
• Types of laws:ConstitutionsStatutesAdministrative RegulationsCase Law
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Constitutions (State and Federal):A constitution is a document that sets forth the framework of a government and its relationship to the people it governs.
Constitutional law is made when… Constitutions are adopted Constitutions are amended Constitutions are interpreted by courts
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The Federal Constitution:
It is the main instrument for allocating powers between people and their governments.
It does so through the its first 10 amendments—The Bill of Rights.
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The Bill of Rights:
The Bill of rights granted personal rights to people. How many of the Bill of Rights can you name?
http://www.archives.gov/exhibit_hall/charters_of_freedom/bill_of_rights/bill_of_rights.html
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The Bill of Rights:How many of the Bill of Rights can you name?
Freedom of speech
Freedom of religion
Freedom of the press
The right to bear arms
The right of trial by jury
The right to remain silent if accused of a crime
The right to peacefully assemble
Protection against unreasonable search and seizure
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Statutes:Statutes are laws enacted by legislatures (local, state, and federal).
Legislation at the local (towns, cities, and counties) level is called an ordinance.
Example: cigarette warning label (See What’s Your Verdict, Page 9).
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Administrative Regulations:Administrative Agencies are governmental bodies formed to carry out particular laws.
These agencies are usually controlled by the executive branch of the government (The President, governor, or mayor).
Example: Social Security Administration (federal), motor vehicle division (state), zoning commission (local)
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Cases:The judicial branch of government (state and federal) creates case law.
Case law is usually created after an appellate court decision.
The effectiveness of case law is based on the doctrine of stare decisis (lower courts follow established case law in deciding similar cases).
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What Happens When Laws Conflict?:No lower laws are valid if they conflict with the Constitution (unconstitutional).
Administrative agencies cannot make laws which are outside the scope of powers given to it.
The people have the right to amend constitutions through their votes (elected representatives).
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What are the Main Types of Laws?:
Criminal Law: laws that address wrongs against society.
Civil Law: laws that address wrongs against individual persons (one person can sue another).
Procedural Law: laws that deal with methods of enforcing legal rights and duties (how and when police can make arrests).
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What are the Main Types of Laws?:
Substantive: laws that define rights and duties (define offenses such a s murder, theft, vehicular homicide, breach of contract, negligence).
Business Law: laws that apply to business situations and transactions.
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What are the Main Types of Laws?…:Torts are a category of business law pertaining to private wrongs against people or organizations.
Example: manufacturers may make defective products that injure users.
Uniform Commercial Code (UCC) is a widely adopted uniform business law that governs sales of goods, certain aspects of banking, and leases of goods.
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Uniform Commercial Code (UCC)
Most states have a body of statutes, called Uniform Commercial Codes, that are designed to govern commercial transactions and to protect and make accessible to interested parties the history of debtors and creditor agreements and actions.
This area of business law includes consumer and warranty claims, business mortgage and lease disputes, or disputes between distributors or franchisees and their licensees.
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Uniform Commercial Code (UCC)…Georgia state “Lemon Law” (Motor Vehicle Warranty Rights Act) statutes say:
“1 repair attempt in the braking or steering system or 3 repair attempts or 30 calendar days out of service for other problems” means you have a “lemon.”
This coverage applies for 1 year or 12,000 miles, whichever occurs first. http://www.carlemon.com/lemons.html
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Protection Against Fraud in Georgia:
Consumer guides are available for auto repair, elder fraud, health spas, home improvement, identity theft, the “No Call Law,” odometer tampering, and deceptive advertising.
http://www2.state.ga.us/GaOCA/brochures.htm
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How Should We Analyze Cases?:Determine: The identity of the parties The court in which the case was heard The issue of the case The arguments of both parties The decision of the court The reasoning of the court in their decision
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The End
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