BEM 261 Lecture Notes - BEM 261 Lecture Notes 9/1 Tax lies...

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BEM 261 Lecture Notes 9/1: Tax lies under the legislative authority o It is rooted in the constitution What holds a society together? o Law binds a society together needs to be enforced o Religion o Customs/Culture Law: rules that are enforced/created by the state Three reasons how you can identify is a state is effective: o Law Binds society together o Rule of Law General Application Implies that there are no groups of people that are exempt from the law, everyone has to abide by it o Property: a brief etymology (origin of the word) Quotes the idea of ownership of yourself – John Locke “nature, quality” Later possession, thing owned From latin proprietatem “ownership, a property, propriety, quality,” literally “special character” Success of the market system in the Western World Juris prudence: the different philosophical reasoning of law, it’s a philosophy of law o Jursit = Judge o Justice = Court Legal Systems o Common law system: a system in English oriented areas that involves taking past court cases of interpreting the law The law that lawyers and judges practice Decision-based system Based off of precedent (if we have facts from the past it will probably have a same outcome in the future) o Stare Decisis “let the decision stand” o Civil law: Legislative “codification” Classifying Disputes o Public The regulation of society o Private
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Private resource Ex: Contract o Civil Private rights against people Ex: Divorce o Criminal A violation/offense against the state o Substantive What category of law are we looking at? o Procedural How do you get into court? After a certain amount of time CLAD o Constitutional o Legislative o Administrative o Decision 9/6: Administrative Law o Government by agency Hierarchy of Courts (Highest level first) Supreme Court Has a special kind of procedure/selection of cases Petition for Seriris o Has national repercussions Groups of petitioners All decisions are precedent—some are precedent and some not Appellate Court
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