bu206wk1scripts

bu206wk1scripts - BU206 Week 1 Powerpoint Scripts S1 This...

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BU206 Week 1 Powerpoint Scripts S1 This week we will discuss Chapter 1 S2 Chapter 1 begins with Primary Sources of Law. The United States Constitution is the Supreme Law of the Land. It states what government can do and what government cannot do. If a governmental body passed a law that violates the constitution, it would be declared invalid and would not be enforced. For example, if Congress passed a law that said it is a criminal violation to practice, say, Catholicism, that law would be challenged and held unconstitutional because it violates the first amendment (free exercise of religion). In addition, states have their own constitution. Statutes are written laws passed by various legislatures Regulations are rules created by administrative agencies. We’ll talk more about this I a moment. Finally, we have case law, which is judicial decisions. Secondary Sources of Law include restatements and summaries of law. S3 Regarding administrative law, there are 2 types of administrative agencies: executive agencies and independent agencies. Executive agencies are within the executive branch of government. An example here is the Food and Drug Administration, which is part of the Department of Health and Human Services. There are also independent agencies, such as the Federal Trade Commission. Other agencies include the EPA and IRS. Agencies are created with enabling legislation. When Congress first enacted an income tax, it created the IRS to run it. The IRS is then free to make its own rules. They publish Rules in the Federal Register; they then allow a comment period, then the final rule is published again in the Federal Register. S4 Common law is a tradition of case law from England. It began in 1066 with William the Conqueror and the Norman Conquest. When he conquered England, he established a system of Kings Courts to handle disputes. The wanted to establish some consistency and commonality in court decisions, so they wrote the decisions down. And the evolution of these cases became Common Law. And our founding fathers brought this law over from England. It is the basis of law in 49 of the 50 states. Louisiana took its law from France (Code de Napoleon) and also from Spanish Law. The basis in common law is to rely on precedent – what happened before. A court decision serves as precedent, so that subsequent decisions will make the same decision when confronted with similar or identical facts. S5 Stare Decisis means to stand on decided cases. In other words, you follow precedent. Binding precedent means the courts are required to follow a ruling of another court. For example, all courts must follow all rulings of the U.S. Supreme Court – its decisions are
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binding precedent on all courts. On the other hand, if a court has not ruled on an issue or if the court that ruled is in a different jurisdiction, you can use other decisions as persuasive authority – a court can look to it for advice, but is not bound by the decision. Sometimes courts depart from precedent.
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This note was uploaded on 09/10/2011 for the course BU 206 taught by Professor Rolfes during the Spring '11 term at Herzing.

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bu206wk1scripts - BU206 Week 1 Powerpoint Scripts S1 This...

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