Aem 320 Week 1 - Aem 320 Week 1 Aug 23-31 I What is Law A...

Info icon This preview shows pages 1–2. Sign up to view the full content.

Aem 320 Week 1: Aug 23-31 I. What is Law? A. Establishes relationship and obligations to others i. Defines rights and obligations to others 1. There are no absolutes, it is about weighing the different interests involved. ii. Regulates conflicting interests- Sometimes there are different outcomes to similar legal problems depending on the facts of a case. 1. Nuisance in the use of property- General rule is that everyone who owns property can do whatever they want on their property. However this right is limited by a neighbor’s right to quiet enjoyment of their property. (Including condominiums, houses, and apartments). iii. Is usually prohibitory-You can “do” something unless a behavior is illegal or leads to civil liability. 1. The law tells you what you cannot do, not what you can do. B. Law v. Equity 1. Thryoff Case : discusses the evolution of resolving disputes. In feudal England combat was used to decide who was right – whatever person God smiles upon should win the case. ii. Great Britain historically had criminal and civil courts, but there were also dispensers of justice in ecclesiastical (church run) courts who would mediate justice. 1. Specific Performance (equitable doctrine) or monetary damages (remedy at law) are examples of different concepts still seen. ii. Ex. If someone signs a contract to sell you their textbook for $50, you pay and then never get the book, can you sue? Yes. However, if the same situation occurs and after 10 years you try to sue, is that fair? No, the Statute of Limitation exists because evidence may be lost and the defendant may have no way of proving innocence. Example of equitable principle. C. Substantive v. Procedural law i. Business Law mainly deals with substantive law. Public substantive law involves the government and is usually statutory. Lawmakers pass laws and identify what conduct is illegal. Private substantive law regulates dealing between parties. The government oversees
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '07
  • GROSSMAN,D.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern