ch 1 - Law Social force that can bind together diverse...

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Unformatted text preview: Law Social force that can bind together diverse people Rules Of Society Created By State (a governing body) Enforced To Create Confidence 1-1 Rule Of Law Only In Democracies Generally and Equally Applicable Ideal- Not fact Lawmakers held accountable 1-2 Property Private, Exclusive, Rights In Resources- Ownership Owners Can: Possess Transfer Prevent Interference Basis For Private Market See page 6 Wheel of Property 1-3 Property- Broad Sense Ownership Rights Individual Constitutional Excludes State from Interference "Liberty" 1-4 Classifications of Law Common Law and Civil Law Common- Judge made law Uses cases to establish legal principles Civil- legislatively created law Relies more on legislation than judicial decisions (i.e. Louisiana) 1-5 Classifications of Law Public and Private Public- regulation of society i.e. Constitutional, Administrative, Criminal Influence behavior Bring about social change Private- legal relationships among members of society i.e. Property, Contracts, Torts Resolve disputes Primarily common law 1-6 Classifications of Law Civil and Criminal Criminal Objective is to punish wrongdoer The guilty can be fined, imprisoned, or both Either a felony or a misdemeanor Burden of Proof: "beyond a reasonable doubt" Civil Wrongdoer pays money, but no jail time Objective is restitution Burden of Proof: preponderance of the evidence" More likely than not 1-7 Classifications of Law Substantive and Procedural Substantive Defines legal rights and responsibilities Regulates behavior Procedural Machinery for enforcing those rights and responsibilities (the "nuts and bolts") 1-8 Sources of Law Constitutions Legislatures Administrative Agencies Common Law oldest source of law in the U.S. Judiciary interprets and enforces statutory law, administrative actions and actions taken by the executive branch. Executive President can issue executive orders 1-9 Constitutional Law Fundamental law of the land Establishes limits and power of government U.S. Constitution, the oldest written constitution in force in the world Establishes legislative, executive, and judicial branches of the government Division of power is separation of powers Each state also has its own constitution Federal Constitution says what feds CAN do State Constitution says what states can NOT do More in chapter 6 1-10 Statutory Law Legislatures create statutory law Federal Laws - usually called statutes or acts State Laws - usually called statutes or acts Municipal Laws usually called ordinances The compilation of these laws are called Codes Courts review these laws --Judges interpret them Must pass Constitutional muster 1-11 Uniformity of Legislation Have federal, state and municipal laws Ways to provide uniformity 1) Congress enacts a law that preempts (overrides) various state laws 2) states adopt a uniform law in a particular area i.e. Uniform Commercial Code (applies to commercial transactions for the sale of goods) 1-12 Legislation Interpretation General Language Precise meaning often unclear Courts InterpretPurpose is to determine the intent of the legislature Process called Statutory Construction 1-13 Administrative Regulations Congress creates statute Statute names administrative agency EPA, SEC, OSHA, IRS Agency makes regulations More in Chapter12 1-14 COMMON LAW Came from old English system Judge usually followed earlier decisions that resolved similar disputes Legal principle from cases is called precedent Use of this precedent is Stare Decisis Novel issue? Judge makes new common law Common law varies by state Provides stability but allows change 1-15 Judicial Decisions Case law comes in the form of OPINIONS issued by courts the opinions give reasons for the decision those cases become precedent Citation for cases 313 N.W.2d 301 (1982) 313 is the volume number N.W.2d is the reporter Northwestern 2nd edition 301 is the page where the case first appears (1982) is the year the decision was issued 1-16 Judicial Decisions Advantages Predictability Certainty Stability Disadvantages Volume, time, and expense No precedent exists Dicta things not relevant to the case Rejecting precedent Conflict of laws 1-17 Legal Sanctions Enforcement of law is vital to rule of law and a proper legal system Encourage/Force Compliance Punishment & Prevention Benefit Of Society Punish Someone Benefit Of Another- Remedy 1-18 Criminal Conduct Crime- Public Wrong Court Punishes On Behalf Of Society Punishment Death Imprisonment Fine Removal Disqualification 1-19 Breach Of Contract Failure To Perform is a breach Compensatory Damages is the usual remedy (but usually NOT attorney fees) be able to rescind (get out of) If one party breaches, the other may Specific Performance 1-20 Tort Liability Tort is a civil wrong NOT a breach of contract Intentional Negligence/Unintentional Compensatory Damages Punitive or Exemplary 1-21 Often similar to those imposed for criminal conduct, breach of contract, or tortious conduct i.e. Sherman Antitrust Act Violation Of Statutes Or Regulations Fine/Imprisonment Injunction Sue for triple damages Seizure/Forfeiture of Property 1-22 Corporation legal person Ownership- Legal System & Corporate Governance shareholders/stockholders Resource Control 1) Board of Directors 2) Managers Corporate Governance- Rules Protecting Owners' Property Interest 1-23 ...
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This note was uploaded on 04/07/2008 for the course LAW 322 taught by Professor Ward-vaughn during the Fall '07 term at Clemson.

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