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BLW2021GreNotes1 - BLW 2021 Business Law I Professor...

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BLW 2021 – Business Law I Spring 2002 Professor Greenberg Notes by Jeffrey Rosenberg Downloaded from: www.yumesorah.com Page 1 of 31 BLW2021GreNotes1.pdf Business Law 1/22/02 Basic sources of law in the US: 1) Constitution, which is the “supreme law of the land” (Constitution, Article 6). 2) Each state has its own constitution. There is the Federal Constitution and the 50 State Constitution. If there is a conflict between Federal and State Constitutions, the Feds win. Fed talks about freedom of speech and religion and a state Constitution could offer more protection but not less (e.g. abortion). Fed establishes the minimum level of protection and state has ability to increase and add on. Federalism – this is a division of power between Federal Government/Constitution and State Government/Constitution. Power is not concentrated in a central authority – divided into National Authority and Local Authority. Within Fed Gov’t and State Gov’t there is a further separation of powers – Executive, Judicial and Legislative Branches. Legislative makes the laws. Executive enforces the laws and Judicial interprets the laws. Each serves as a source of law. Legislative law is statutory law – legislative pass statutes. Judicial gives us case, or common, law – Judiciary decides cases. Executive branch gives executive orders. When looking for a law, you go to the statutes first and then you go to the cases, because cases interpret the statutes. Historiography of Law: Common Law tradition – focuses on cases to determine laws – any country with historical ties to England is a Common Law country. Civil Law tradition – focuses on statutes, or codes of legal principles – Continental Europe – France, Italy and Germany and other countries that trace their roots to continental Europe. All countries in the 21 st century are based on both, but one is more dominant. 1/24 Constitutional law overrides all three branches Code of Hammurabi – earliest code of legal principles found - collection. Early Roman law – Code of Justinian. 1800’s – Napoleonic Code – France. 1066 – English Common Law – William the Conqueror after the Invasion of Normandy. Magna Carta – for England what the Constitution is to the US. Role of Gov’t in society. Common Law: 1) Body of law came to apply in common to all members of society. 2) Meant to apply through the country – common for whole country. Before this, each area had its own rules – common law made it identical to the whole country. 3) Based on Common practices of the people – when a judge had to decide a case, he would look to see what ordinary people do in this situation, hence common practice. If this never happened before he would reason and then come up with a judgment ° instead of looking into law books.
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