BUSINESS LAW

BUSINESS LAW - BUSINESS LAW Chapter One A. Nature of Law...

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BUSINESS LAW Chapter One A. Nature of Law and Legal Rights a. Law consists of the body of principles that govern conduct and that can be enforced in courts or by administrative agencies. The law can also we described as a collection or bundle of rights. law - the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them 1. Legal Rights right - legal capacity to require another person to perform or refrain from an action (these flow from the U.S. Constitution, state constitutions, federal and state statutes, and ordinances at the local levels, including cities counties and boroughs) duty- an obligation of law imposed on a person to perform or refrain from performing a certain act. [these both coexhist] 2. Individual Rights these rights are those as stated in the Constitution i.e. .speech, due process, voting 3. The Right To Privacy right of privacy -the right to be free from unreasonable intrusion from others (stated in the Fourth Amendment) a. Two Components i. the right to be secure against any unreasonable searches or seizures by the government ii. the protection of individuals against intrusions by others b. Exclusionary Rule i. disallows the use of illegally obtained evidence in criminal trial 4. Privacy and Technology a. with the development of new technology, law has stepped in to reestablish the right of privacy B. Sources of Law a. Constitution - a body of principles that establishes the structure of government and the relationship of the government to the people who are governed i. First ten amendments (Bill of Rights) ii. Due Process of Law- have t follow the proper procedures before it effects the defendant iii. Amendments can “beat” the constitution, the only other way to
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beat it is interpretation iv. Privacy- the right to privacy is not actually in the constitution, but there should be a right to privacy when there is an expectation of privacy (there is no expectation of privacy in the work place) b. statutory law (statutes)- legislative acts declaring, commanding, or prohibiting something { both congress and state legislatures enact statutory i. All cities, counties, and other governmental subdivisions have some power to adopt ordinances within their sphere of operation ii. Federal government, state legislative bodies, cities, counties, towns etc. c. administrative regulations - rules made by state and federal administrative agencies d. private law - the rules and regulations parties agree to s part of their contractual relationships i. Example: landlords develop rules for their tenants, such as parking and laundry usage e. case law - law that includes principles that are expressed for the first time in court decisions f. Precedent - a decision of a court that stands as the law for a particular problem in the future ( what becomes of case law ) g. Stare Decisis - “let the decision stand” ; the principle that the decision of a court should serve as a guide or precedent and control the
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BUSINESS LAW - BUSINESS LAW Chapter One A. Nature of Law...

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