Business Law Introduction to Law – Chapter 1. Objectives Explain the stages in the evolution of law Explain the stages in the evolution of law Describe.

Business LawBusiness Law

Introduction to Law – Introduction to Law –

Chapter 1 Chapter 1

ObjectivesObjectives

Explain the stages in the evolution of lawExplain the stages in the evolution of lawDescribe the differences between common Describe the differences between common

law and positive lawlaw and positive lawDescribe the difference between law Describe the difference between law

courts and equity courtscourts and equity courts

HOT DEBATE!!!HOT DEBATE!!!

Let’s see how much you ALREADY know!Let’s see how much you ALREADY know!Read and discuss the Hot Debate on page Read and discuss the Hot Debate on page

4 with a partner. Be prepared to discuss 4 with a partner. Be prepared to discuss your answer.your answer.

You have 5 minutes!You have 5 minutes!

1. WHAT IS LAW???1. WHAT IS LAW???

LawsLaws: enforceable rules of conduct in a : enforceable rules of conduct in a societysociety

Reflect the culture and circumstances that Reflect the culture and circumstances that create themcreate them

CodeCode: laws are grouped into organized : laws are grouped into organized formform

King of BabylonKing of Babylon 4000 years ago 4000 years ago Code Code of Hammurabi – SAME law principlesof Hammurabi – SAME law principles

2. Stages of 2. Stages of Growth of Law: How Growth of Law: How Legal Systems are FormedLegal Systems are Formed

1.1. Individuals take revenge for wrongs Individuals take revenge for wrongs done to themdone to them

2.2. Awards of money or goods are Awards of money or goods are substituted for revengesubstituted for revenge

3.3. Court systems are formed Court systems are formed to hear the to hear the injuredinjured

4.4. A central authority figure intervenes to A central authority figure intervenes to prevent and punish wrongsprevent and punish wrongs issues issues lawslaws

Stage 1: Taking RevengeStage 1: Taking Revenge

Injuries sustained call for personal Injuries sustained call for personal revengerevenge

Usually disrupt the people’s normal routine Usually disrupt the people’s normal routine and result in harm to innocent bystandersand result in harm to innocent bystanders

Often results in one individual seizing Often results in one individual seizing power and exerting control to restore power and exerting control to restore peace to the societypeace to the society

Still prevalent in gangsStill prevalent in gangs

Stage 2: Awarding $$Stage 2: Awarding $$

SovereignSovereign – the powerful person from – the powerful person from Stage 1 then goes on to award money or Stage 1 then goes on to award money or goods as a substitute for revengegoods as a substitute for revenge

Stage 3: Forming CourtsStage 3: Forming Courts

Elders or priests generally preside over Elders or priests generally preside over these courtsthese courts

Sovereign presides over the most Sovereign presides over the most important casesimportant cases

Stage 4: PreventionStage 4: Prevention

The sovereign:The sovereign:Uses the courts to prevent problems from Uses the courts to prevent problems from

arisingarising Issues laws to punish behaviors that injure Issues laws to punish behaviors that injure

othersothers

3. Common Law vs. Positive Law3. Common Law vs. Positive Law

Common LawCommon Law:: Reflects the wisdom, or lack thereof, of Reflects the wisdom, or lack thereof, of

their creatorstheir creators Should be: predictable and flexibleShould be: predictable and flexible LLaws based on current standards or aws based on current standards or

customs of the people customs of the people

Positive law:Positive law: Laws dictated by central authority to Laws dictated by central authority to

prevent disputes and wrongsprevent disputes and wrongs Very inflexibleVery inflexible

4. World’s Greatest 2 Systems of Law4. World’s Greatest 2 Systems of Law

English Common LawEnglish Common LawThe US follows this type (except LA)The US follows this type (except LA)Jurisdiction evolved: the power to decide a Jurisdiction evolved: the power to decide a

casecase ‘‘Uniform and consistent’Uniform and consistent’

Roman Civil LawRoman Civil LawLA uses LA uses Individual attentionIndividual attention

5. Equity: An Alternative to 5. Equity: An Alternative to Common LawCommon Law

Common laws follow Common laws follow precedentprecedent (use prior (use prior cases to help determine new cases).cases to help determine new cases).

Disadvantage of common law: you had to Disadvantage of common law: you had to wait until injury actually occurred to take wait until injury actually occurred to take legal actionlegal action

Equity Law Equity Law (meaning FAIR): You can take (meaning FAIR): You can take legal action to prevent wrongdoingslegal action to prevent wrongdoings Injunction – an order that prohibits something Injunction – an order that prohibits something

from being donefrom being done

Think about it…Think about it…

Why do societies need laws and courts?Why do societies need laws and courts?Laws - To protect individuals and settle Laws - To protect individuals and settle

disputes between individualsdisputes between individualsCourts - settle disputes, award damages, Courts - settle disputes, award damages,

prevent/punish wrongsprevent/punish wrongs

Think about it…Think about it…

Differences between law courts and equity Differences between law courts and equity courtscourtsLaw courts follow precedents AFTER an injury Law courts follow precedents AFTER an injury

has occurredhas occurredEquity courts follow precedents but can also Equity courts follow precedents but can also

issue injunctions to stop actions in order to issue injunctions to stop actions in order to PREVENT harm from being done.PREVENT harm from being done.

Quick Content Check!Quick Content Check!

List the 4 stages of how the legal system List the 4 stages of how the legal system evolved.evolved.

What are some differences between What are some differences between common law and positive law?common law and positive law?

Describe the difference between law Describe the difference between law courts and equity courts.courts and equity courts.

TO DO LIST: TO DO LIST:

Page 8: Questions, 1, 2, 4, 6, 7, 8Page 8: Questions, 1, 2, 4, 6, 7, 8Stages of Law CartoonStages of Law Cartoon

Create a cartoon strip depicting the FOUR Create a cartoon strip depicting the FOUR stages of growth of law.stages of growth of law.Use paper, pencils, markers or technology Use paper, pencils, markers or technology

provided.provided.Your cartoon strip MUST include Your cartoon strip MUST include AT LEAST 4AT LEAST 4

slidesslidesMake sure to accurately represent EACH stage of Make sure to accurately represent EACH stage of

growth!!!growth!!!

Lesson 1-2 ObjectivesLesson 1-2 Objectives

Explain how constitutional, statutory, case, Explain how constitutional, statutory, case, and administrative laws are createdand administrative laws are created

Explain how to resolve conflicts between Explain how to resolve conflicts between constitutional, statutory, case, and constitutional, statutory, case, and administrative lawsadministrative laws

Describe the differences between criminal Describe the differences between criminal and civil, substantive and procedural, and and civil, substantive and procedural, and business and other forms of lawbusiness and other forms of law

Hierarchy of LawHierarchy of Law

a.a. ConstitutionsConstitutions

b.b. StatutesStatutes

c.c. Administrative RegulationsAdministrative Regulations

d.d. CasesCases

6. Constitutions6. Constitutions Constitutional lawConstitutional law: when constitutions are : when constitutions are

adopted or amended or when the courts adopted or amended or when the courts interpret the Constitutioninterpret the Constitution

A constitution is a document that sets forth the A constitution is a document that sets forth the framework of a gov. and the relationship to people it framework of a gov. and the relationship to people it governsgoverns

US Constitution and state constitutions allocate US Constitution and state constitutions allocate powers between: powers between:

1.1. People and their government – Bill of RightsPeople and their government – Bill of Rights

2.2. State and federal government – regulate foreign and State and federal government – regulate foreign and interstate businessinterstate business

3.3. Three branches of government – maintain balance of Three branches of government – maintain balance of powerpower

Types of LawsTypes of Laws

What types of laws do you follow on a What types of laws do you follow on a daily basis?daily basis?

StatutesStatutes: laws enacted by state and federal : laws enacted by state and federal legislatureslegislatures

Give 3 examples!Give 3 examples! Ordinance:Ordinance: legislation at the local level legislation at the local level

Give 3 examples!Give 3 examples!

Administrative AgenciesAdministrative Agencies::

Governmental bodies formed to carry out Governmental bodies formed to carry out particular lawsparticular laws

EPA, Social Security Administration, IRS, EPA, Social Security Administration, IRS, DMVDMV

Creates rules and regulationsCreates rules and regulations Supervised by the governor, mayor, Supervised by the governor, mayor,

or presidentor president

Case lawCase law Usually made after a trial has ended and one of Usually made after a trial has ended and one of

the parties has appealed the result to a higher the parties has appealed the result to a higher courtcourt (but the Supreme Court can change its (but the Supreme Court can change its mind later!)mind later!)

Appellate court (court that hears the appeal) Appellate court (court that hears the appeal) publishes its opinion on the casepublishes its opinion on the case used in used in future similar court casesfuture similar court cases

Stare decisisStare decisis: : legal doctrine that requires lower legal doctrine that requires lower courts must follow established case law in courts must follow established case law in deciding similar cases deciding similar cases

In This Case, page 10In This Case, page 10

7. What Happens When Laws 7. What Happens When Laws Conflict? Conflict?

Laws made by different levels of government Laws made by different levels of government may conflictmay conflict

Constitutions and ValidityConstitutions and Validity: : Supreme law of the landSupreme law of the land nothing may conflict nothing may conflict

with itwith it Unconstitutional:Unconstitutional: law is invalid because it conflicts law is invalid because it conflicts

with constitutionwith constitution

Statutes and validityStatutes and validity MUST be constitutionalMUST be constitutional Must NOT conflict with higher level of govMust NOT conflict with higher level of gov

8. Statutes and Validity8. Statutes and Validity

Are either of the following examples Are either of the following examples legal/valid?: legal/valid?:

A city enacted a law making it illegal to sell A city enacted a law making it illegal to sell gasoline for more than $1/gallon.gasoline for more than $1/gallon.

A city enacted a law making the death A city enacted a law making the death penalty mandatory for persons who penalty mandatory for persons who commit murder within the city limits. commit murder within the city limits.

9. Law and Validity9. Law and Validity

Courts are NOT the final authority on Courts are NOT the final authority on effect of statuteseffect of statutes

Legislative bodies can nullify a court’s Legislative bodies can nullify a court’s interpretation by abolishing or rewriting itinterpretation by abolishing or rewriting it

People have power to amend People have power to amend constitutionconstitution

16th amendment16th amendment income taxes income taxes 21st amendment21st amendment repeal of prohibition repeal of prohibition

What are the main types of laws?What are the main types of laws?

READ: What’s your verdict, pg 11READ: What’s your verdict, pg 11

10. Criminal vs. Civil Laws: 10. Criminal vs. Civil Laws: Civil laws:Civil laws: group of laws that redress wrongs group of laws that redress wrongs

against individual persons / propertyagainst individual persons / property When private legal rights or property of an When private legal rights or property of an

individual are violatedindividual are violated defendant losesdefendant loses liable (must compensate) liable (must compensate)

Criminal LawCriminal Law: when citizen’s right to live in : when citizen’s right to live in peace is violatedpeace is violated

Crime: offense against societyCrime: offense against society Acting in the name of the people, gov investigates Acting in the name of the people, gov investigates

wrongdoing and will prosecutewrongdoing and will prosecute Loss = ConvictionLoss = Conviction

Crime may be both civil and criminalCrime may be both civil and criminal OJ SimpsonOJ Simpson

According to the FBI (2011)According to the FBI (2011)

School violence - School violence - http://youthviolence.edschool.virginia.edu/violence-in-schools/national-statistics.html http://youthviolence.edschool.virginia.edu/violence-in-schools/national-statistics.html

1.1. Which school has the most bullying in it?Which school has the most bullying in it?

2.2. Which school is most likely to have gang Which school is most likely to have gang activity?activity?

3.3. Which school has the most colt or Which school has the most colt or extremist activity?extremist activity?

4.4. Which gender is more likely to bring a Which gender is more likely to bring a gun to school?gun to school?

Percentage of students in grades 9-12 who reported Percentage of students in grades 9-12 who reported carrying a weapon at least 1 day during the previous 30 carrying a weapon at least 1 day during the previous 30

days, by location and sex: Various years, 1993-2005days, by location and sex: Various years, 1993-2005

The U.S. is world’s leading incarceratorThe U.S. is world’s leading incarcerator

U.S. rate of incarceration of 941 inmates per U.S. rate of incarceration of 941 inmates per 100,000 population100,000 population record highrecord high

The U.S. now locks up its citizens at a rate The U.S. now locks up its citizens at a rate SIGNIFICANTLY higher than that of other SIGNIFICANTLY higher than that of other industrialized nationsindustrialized nations

For every 100,000 population: For every 100,000 population: 139 in England/Wales139 in England/Wales116 in Canada116 in Canada91 in Germany91 in Germany85 in France85 in France

11. Procedural vs. Substantive Laws: 11. Procedural vs. Substantive Laws:

Procedural lawProcedural law: deals with methods of enforcing : deals with methods of enforcing legal rights and dutieslegal rights and duties

Specify how and when police can make arrests and what Specify how and when police can make arrests and what methods can be used in trialmethods can be used in trial

Determine equitable remediesDetermine equitable remedies ExamplesExamples

Substantive lawSubstantive law: defines YOUR rights and duties: defines YOUR rights and duties All rules of conduct for citizensAll rules of conduct for citizens Defines offensesDefines offenses murder, theft, vehicular homicide, murder, theft, vehicular homicide,

breach of contract, negligencebreach of contract, negligence

12. Business Law: 12. Business Law: Covers all business situations and transactions Covers all business situations and transactions

Most business transactions involve merchant and Most business transactions involve merchant and consumerconsumer

Concerned mostly with civil law, especially contractsConcerned mostly with civil law, especially contracts

TortTort: unintentional violation of another person’s rights, : unintentional violation of another person’s rights, usually due to negligence. This is a form of civil usually due to negligence. This is a form of civil offenses and damages can be recovered. offenses and damages can be recovered.

May also be governed by criminal lawMay also be governed by criminal law Laws vary from state to stateLaws vary from state to state must be constitutional must be constitutional

Uniformity is becoming more and more important!!!Uniformity is becoming more and more important!!!

TO DO LIST: TO DO LIST:

Questions 1-14, pg 13Questions 1-14, pg 13 FINISH Stages of Law Cartoons / FINISH Stages of Law Cartoons /

WorksheetWorksheet

Ch 1-1 quiz tomorrowCh 1-1 quiz tomorrow Ch 1-2 quiz MondayCh 1-2 quiz Monday TEST TUESDAYTEST TUESDAY

Ch 1-2 Review:Ch 1-2 Review:

Review/Re-read: ‘Concepts in Brief’, pg Review/Re-read: ‘Concepts in Brief’, pg 1414

Complete: Vocab, pg 14Complete: Vocab, pg 14 Ch 1-2 Review sheet ANDCh 1-2 Review sheet AND Answer questions: 16, 19, 20, 22, 27, 29, Answer questions: 16, 19, 20, 22, 27, 29,

31, 32, 33 – pg 15-1631, 32, 33 – pg 15-16