BUSA 303 - study guide .docx - Chapter 1 BUSA 303 Study...

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BUSA 303- Study guide (Business Law and Ethics) Chapter 1 LO1 – What are four primary sources of law in the United States?
Secondary source of law : A publication that summarizes of interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review. The four primary sources Constitutional Law Statutory Law Administrative law Case law and Common law doctrines Constitutional Law Found in text and cases arising from federal and state constitution U.S. constitution is supreme law of the land - Very brief document - Contains very little in ways of rules - Involves the establishment of the federal government (and various branches thereof) - Bill of rights deals with limitation of federal power (and has since been interpreted to expand or limit state and federal power Statutory Law Laws enacted by federal and state legislatures Case Citations Uniform Laws The Uniform Commercial Code (UCC) - First issued in 1952 - Adopted in all states - Rules for commercial transactions Administrative Law: Rules, orders and decisions of administrative agencies Enabling legislation The Administrative Procedure act Legislative Rules Rulemaking - Notice - Comment - Final Rule Enforcement and Investigation Adjudication Case Law and Common Law Doctrines - Case Law The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law. - Common Law King’s courts started after Norman Conquest of 1066.
Established the common law—body of general legal principles applied throughout the English empire King’s courts used precedent to build the common law. Precedent: court decision that furnishes an example involving identical or similar facts LO2- Differences between Civil Law and Criminal Law Civil Law Criminal Law Definition Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses Purpose To deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim To maintain the stability of the state and society by punishing offenders and deterring them and others from offending. Jury opinion In cases of civil law, the opinion of the jury may not have to be unanimous. Laws vary by state and country. Juries are present almost exclusively in criminal cases; virtually never involved in civil actions. Judges ensure law prevails over passion. In the criminal justice system, the jury must agree unanimously before a defendant is convicted Case filed by Private party Government Decision Defendant can be found liable or not liable, the judge decides this.

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