Intro to Law Slides0001

Intro to Law - Introduction to Law ~ LAW encompass the rules that are in force and the process by which they are formulated and administered

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Unformatted text preview: 5/29/2010 Introduction to Law ~ LAW : encompass the rules that are in force and the process by which they are formulated and administered PRIMARY SOURCES OF LAW: THOSE THAT ARE LEGALLY BINDING ‘STATE AND FEDERAL CONSTITUTIONS *STATUTES ‘ADMINISTRATIVE AGENCIES RULINGS AND REGULATIONS ‘COURT DECISIONS ‘FEDERAL TREATIES ’CITY ORDINANCES 5/29/2010 Classification of Law Constitutional Law Criminal Law Administrative Law Substantive Law Tons Contracts -- Sales Commercxal Paper Agency Partnerships Procedure Corporations Law Methods of Property enforcement (courts) ’ Classification of Law Substantive— law creating rights and duties Procedulal— rules for enforcing substantive law Public~ law dealing with the relationship between government and individuals Privahe— law governing the relationships among individuals and legal entities Civil— law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity Criminal— law establishing duties which, if violated, constitute a wrong against the entire community Criminal Law , Commencement of Aggrieved individual State or federal government 1 action (plaintiff) sues prosecutes Purpose Burden of proof Preponderance of the Beyond a reasonable doubt evidence m Uale Not liab e Guilty Not gui ty . . _ Monetary damages Capital punishment Pnncrpal sanctions , a . Equiia le remedies Imprisonment C(JhflhAC)N LAVV PRECEDENT : AN ADJUDGED CASE OR DECSION . CONSIDERED AS FURNISHING AN EXAMPIE OR AUTHORITY FOR AN IDENTICAI. OR SIMILAR FACT SITUATION AND QUESTION OF [AW DOCTRINE OF STARE DECISIS: 'ro srAND av Exsnuc DECISIONS - T0 ABIDE IN on ADHERE TO A DECIDED CASE JUDICIAL RELIANCE ON PRECEDENT TYPES OF PRECEDENT: MANDATORY AUTHORITV >AUI'HORI'I'VTHAYAJUDGE Musr Fouaw - nuuucs OF A HIGHER COURTIN THE ADPEuATE mam, WHICH HAS AUTHORITY quRTME couqu aursnou PEFBUASIVE AUTHORITY - NOT MmDAmRv - EASE: Emu amER suns ~CASES ERoMccumsoE EQUAL 0R lESSER AUTHORITV - ARTIClES - PERSUASIVE ARGUMEMIS STATUTORY or LEGISLATIVE LAW STATUTES: Laws enacted by legislative bodies. Deal with: Day to day operation of government Areas not conducive to waiting for judicial rulings : Criminal Law Corporate requirements Sales Used to expressly change and clarify common law 5/29/2010 Selected Statutes UCC Regulates Sales, Commercial Paper, Leases, etc. 11 Articles Adopted by all States - (loulsianaunlv adopted Portions) Deceptive Trade Practices Act— Deals with business Misconduct Business Organization Acts: UPA< ULPA— Uniforms Partnership and Limited Partnership, Acts RMBCA -Revised Model Business Corporation Act 5/29/2010 ...
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This note was uploaded on 10/12/2010 for the course MBA 11111 taught by Professor Spike during the Fall '10 term at Lewis University .

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Intro to Law - Introduction to Law ~ LAW encompass the rules that are in force and the process by which they are formulated and administered

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