BLS 342 Day 2 Notes

BLS 342 Day 2 Notes - BLS 342 Day 2 Class Note s 8/25/2010...

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BLS 342 Day 2 Class Note s 8/25/2010 I. Classification of Law o Private Law : Involves disputes between private individuals or groups. Biggest designation is that government isn’t involve (no stake in case) o Public Law : Involves disputes between private individuals or groups and their government. o Civil Law : Involves the rights and responsibilities involved in relationships between persons and between persons and their government. If you do commit this crime you pay money. Statue = A law that is put in place, or inactive law. All criminal laws are a product of statues Estate (entity that is created when someone dies) of Ron Goldman vs. OJ Simpson. Probate laws = liquid liabilities then give left over money to the one entitle. Wrongful Death Action = private law, wrongful taking the life of another. Victim has right to go to court. Liability is what they are looking for, is person liable to pay for crime. o Preponderance = determining whether someone is liable or not. o Criminal Law : Involves incidents in which someone commits an act against the public as a whole. Main purpose is to maintain order in society, done by passing down ruling. Not much has changed between Rome rules and today’s rules. Moral rules, EX) don’t kill someone; if you do you go to jail. Criminal law is public law; government protects the rest of the public. Up to the government to prosecute the crime. Double Jeopardy applies in criminal law. State of California vs. OJ Simpson. To be proven guilty you have to have to be proven with reasonable doubt. They protect the public. II. Sources of Business Law o Constitutions o Statutes- laws enacted by state legislatures o Cases o Administrative law o Treaties= President is the only one who can make treaties. Agreements between the US and foreign countries. President presents it to the senate, which then approves the treaty. Doesn’t become a law until congress approves it. Some treaties grant us individual rights. o Executive Orders= executive branch is the president. President’s power has grown over the years because the court orders executive power to
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him/her. o Common Law= court made law, decided based on similar cases o Precedent= first case of certain facts o Stare Decisis= Latin term for STAND BY YOUR DECISION o Civil Code System/ Napolenonic code/ romanic code= wrote down all you can or cannot do III. BLS 342 Day 3 Class Notes- 8/30/10 o Types of U.S. Court Systems Federal System U.S. Supreme Court- The Last Word. Only hear cases that they want to hear. Only hear 40 cases a year, have to be very important. Once it makes a decision it binds its judgment for ALL states. ** Certiorari= how one gets into the Supreme Court. Issue this order (writ) so one gets into the Supreme Court. Circuit Courts of Appeals- Appeal from the law; take case
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BLS 342 Day 2 Notes - BLS 342 Day 2 Class Note s 8/25/2010...

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