ch01 - Chapter 1 THE NATURE AND SOURCES OF LAW Nature of...

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Unformatted text preview: Chapter 1 THE NATURE AND SOURCES OF LAW Nature of Law and Legal Rights Legal Rights: legal capacity to require another person to do or not do an act. Individual Rights: the right of privacy, which protects us from unreasonable searches and intrusion into or disclosure of our private affairs. Privacy and Technology is growing concern. Legal Duties: legal obligation imposed upon a person to do or not do an act. Rights and Duties co-exist. 2 Sources of Law Law consists of the pattern of rules established by society to govern conduct and relationships. These rules can be expressed as: Constitutional provisions, Statutes, Administrative regulations, and Case decisions. 3 Sources of Law Federal (U.S) Constitution Constitutional Law State Constitution Federal (U.S. Congress) Statutory Law State Legislatures Local Gov't (City, County) Federal Administrative Agencies State Administrative Agencies Treaties and Executive Orders Case Law laws made by decisions of a court; also courts may enforce common law rules Common Law made up of tradition and court precedent; may be repealed or strengthened by case law and statutory law. The National Conference of Commissioners on Uniform State Law has drafted statutes on various subjects to try to achieve uniformity among state statutes. Administrative Law 4 Classification of Law Substantive law creates, defines and regulates rights and liabilities. Procedural law specifies how rights and liabilities are enforced. Civil law is of Roman origin; common law is of English origin. 5 Classification of Law Law may be described in terms of the subject to which it relates, such as estate law or contract law. A special category of law is the principle of equity, used in special cases for which the standard law does not provide adequate remedy. 6 ...
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This note was uploaded on 05/12/2010 for the course BUS 2241 taught by Professor Mcguinnes during the Spring '10 term at Valencia.

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