BMGT380 Textbook Notes - Bmgt 380 Textbook Notes Kelsey...

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Bmgt 380 Textbook Notes Kelsey Forbes Chapter 1: The Nature of Law Types and Classifications of Law Constitution – exists at state and federal level Two general functions Set up structure of government for political unit they control Create branches and subdivisions of government stating powers given and denied to each Done through Separation of Powers Principle of Federalism – state has their own power to make laws in certain areas Second function is to prevent other units of government from taking certain actions or passing certain laws. Statute Laws created by elected representatives in Congress or a state legislature Stated in authoritative form in statute books or codes Uniform Acts – model statutes drafted by private bodies of lawyers and scholars, does not become law until a legislature enacts them. Ex. Uniform Commercial Code, etc. Common Law Law made and applied by judges as they decide cases not governed by statutes or other types of law. Only exists at state level Precedents – decisions of other judges in similar cases Stare decisis – let the decision stand Common Law came from English settlers Case law reasoning – when courts make and apply common law rules Equity Meant for common law courts that could not be resolved fairly, tries to restore the victim Also has some approaches not usable in common law courts Injunction – most important equitable remedy, a court order forbidding a party to do some act or commanding him to perform some act. Specific performance – contract remedy, party is ordered to perform according to the terms of his contract Reformation – contract remedy, court rewrites the contract's terms to reflect the parties' real intentions Rescission – contract remedy, cancellation of a contract and a return of the parties to their pre contractual position. Administrative Regulations and Decisions Administrative agencies began to rise because of the social and economic problems created with the industrialization of the US in 19 th century Have ability to make a law through a delegation Two types of laws made Administrative regulation Appear in precise form in one authoritative source
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Bmgt 380 Textbook Notes Kelsey Forbes Differ from statutes in the fact that the body enacting regulations is not an elected body. Agency decisions Legally binding Treaties When made by the president with foreign governments and approved by two thirds of Senate, becomes the “Supreme Law of the Land.” Invalidate inconsistent (and sometimes federal) laws. Ordinances Governmental functions that are enacted in counties and municipalities Ex. zoning ordinances Executive Orders President or State governor has limited power to issue laws, normally results from a legislative delegation.
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