Upload
peregrine-richard
View
215
Download
1
Embed Size (px)
Citation preview
©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Chapter 1Sources of Business Law
and the Global Legal Environment
Chapter 1Sources of Business Law
and the Global Legal Environment
2©2002 by West Legal Studies in BusinessA Division of Thomson Learning
The Nature of Law
The Nature of Law
Aristotle: “citizens of a state will do justice to one another.”
Plato: law is a form of social control.
Blackstone: “rule of civil conduct prescribed by state.”
3©2002 by West Legal Studies in BusinessA Division of Thomson Learning
The Common Law Tradition
The Common Law Tradition
Early English Courts of LawStare Decisis: “stand on
decided cases.”– Departures From Precedent.
Brown v. Board of Education (1954).
– When There is No Precedent: use persuasive authorities.
4©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Equitable Remedies and
Courts of Equity
Equitable Remedies and
Courts of EquityLegal Remedy: means to compensate plaintiff for violation of a right.
Equitable Remedy: based on equity and fair dealing.
Today: merger of law and equity.
5©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Sources of American Law
Sources of American Law
Constitutional LawStatutory Law
– Federal Statutes– State and Local Statutes– Uniform Laws– Uniform Commercial Code
6©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Administrative LawAdministrative Law
Administrative law: the rules, orders and decisions of administrative agencies.
Types of Agencies– Executive Agencies– Independent Regulatory Agencies
7©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Case Law and Common Law
Doctrines
Case Law and Common Law
DoctrinesCommon Law: doctrines and principles of case law not covered by statutory law.
Relationship Between Common Law and Statutory Law.
Restatements of the Law.
8©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Classifications of Law
Classifications of Law
Substantive Law: laws dealing with rights and duties.
Procedural Law: methods of enforcing rights.
Civil vs. Criminal Law.– Civil: private injury – Criminal: injury against society.
9©2002 by West Legal Studies in BusinessA Division of Thomson Learning
National Law: varies from country to country.
International Law:– Written and unwritten laws– Treaties– International Organizations
Classifications of Law
Classifications of Law
10©2002 by West Legal Studies in BusinessA Division of Thomson Learning
The ConstitutionThe Constitution
The Commerce Clause– Breadth of the Commerce
Clause•Case 1.1 Heart of Atlanta Motel
vs. United States (1964).
– State Regulatory Powers•Case 1.2 Goodenow v. City Council
of Maquoketa (1998).
11©2002 by West Legal Studies in BusinessA Division of Thomson Learning
First Amendment-Freedom of Speech– Symbolic Speech– Corporate Political Speech– Commercial Speech-Advertising– Case 1.3 Bad Frog v. NY State
Liquor Auth. (1998).– Unprotected Speech
The ConstitutionThe Constitution
12©2002 by West Legal Studies in BusinessA Division of Thomson Learning
First Amendment-Freedom of Religion– Due Process– Procedural Due Process– Substantive Due Process
The ConstitutionThe Constitution
13©2002 by West Legal Studies in BusinessA Division of Thomson Learning
Reading and Analyzing Case
Law
Reading and Analyzing Case
LawFinding Statutory and Administrative Law
Finding Case Law– Federal Court Decisions– State Court Decisions– Unpublished Opinions