LAW 3220 Exam 1.pdf - Chapter 1 Law May be viewed as a...

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Chapter 1: Law- May be viewed as a collection of rules or principles that limit and direct human behavior. - it creates predictability and some uniformity of acceptable social behavior. - Laws in different jurisdictions reflect other social norms. Legal systems: - help define social behavior. - restrict activities that damage public interest - restricts behavior outside of ethical norms. - encourages certain social and political goals. What makes a rule a law? - The enforceability of the government system. What are laws used for? - Creating social change (ie: Legalization of marijuana in certain states) Conflict Resolution: - Courts are one mechanism for resolving disputes. Businesses turning to formal private settlement techniques. (alternative agreements outside of the courts) Sources of Law in the United States: (Hierarchy of Law) - Constitution (Highest source of law) - Federal & State Legislatures - Every state has a constitution. Fed/State Courts, Post Office, Federal Legislatures: Congress, House of Rep. State Legislatures: Columbia, SC. - Administrative Agencies & Regulations- Rules that agencies make must “enable statues” - Judiciary and Common Law - Executive- Executive Orders - International Sources of Law US Constitution: - Fundamental Law of the land - Establishes limits and power of government - Oldest written constitution in force in the world. - Establishes Legislative, Executive, and Judicial Branches of government… (creates separation of powers) Legislative: Makes Law, Executive: Enforces Law Judicial: Interprets law State Constitutions: Create leg, exec, and judicial branches of state gov Long and detailed Amending a state constitution is MUCH EASIER than US Constitution
Legislatures & Statutes: -Legislatures create statutory law Ex: 1972 Congress enacted Clean Water Act, sets standards for national water quality. - Federal Laws State Laws Ex: State statutes regulate insurance industry, usually giving authority to state insurance commissions. - Municipal Laws - Judges interpret. - Laws must pass Constitutional “muster” Administrative Agencies and Regulations: - Congress creates a statue. - Statue names administrative agencies. - Agency makes regulations. - Sometimes both congress and states enact regulations in the same area of concern. Example: Environmental Regulations ( EPA, Environmental Protection act creates the Environmental Protection Agency (EPA) -Agencies and Regulations- Major effects on the legal environment of business. - Agencies can be on federal and state level. Must comply with statute, which must comply with constitution. (Hierarchy of Law) Judiciary and Common Law: Common Law: setting the regulation for the cases to come. Provides predictability. -Comes from old English system. - Legal principles from cases= precedent - Cases published in case reporters. - Use of precedent= Stare Decisis.

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