Business LawBusiness Law

Unit 1 – Law, Justice, and Unit 1 – Law, Justice, and YouYou

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Table of ContentsTable of Contents IntroductionIntroduction What is Business Law?What is Business Law? How were laws How were laws

created?created? The Bill of RightsThe Bill of Rights Forms of LawForms of Law Civil Law vs. Criminal Civil Law vs. Criminal

LawLaw Other Types of LawOther Types of Law Settling DisputesSettling Disputes Court StructuresCourt Structures

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So what are we learning So what are we learning anyway?anyway?

What are Laws?What are Laws?–LawsLaws are enforceable rules are enforceable rules of conduct in societyof conduct in society

** Laws are often grouped ** Laws are often grouped into an organized form into an organized form called a called a codecode

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What is different about What is different about Business Law?Business Law?–Business LawBusiness Law is law that is law that applies to business entities, applies to business entities, such as partnerships and such as partnerships and corporationscorporations

** ** White-collar crimesWhite-collar crimes occur occur when laws are broken within when laws are broken within the business worldthe business world

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Ok…So how were laws Ok…So how were laws created?created?

10 Commandments10 Commandments–Jewish followingsJewish followings

By him???

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Magna Carta (1215)Magna Carta (1215)–Latin for “The Great Charter”Latin for “The Great Charter”–Most significant early influence Most significant early influence of the later constitutional lawof the later constitutional law

Constitution (1787)Constitution (1787)–The Bill of RightsThe Bill of Rights

Ok…So how were laws Ok…So how were laws created?created?

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The Bill of RightsThe Bill of Rights

The first 10 amendments to the The first 10 amendments to the Constitution:Constitution:

1.1. Freedom of speech, press Freedom of speech, press and religionand religion

2.2. Right to bear Right to bear arms/regulated militiaarms/regulated militia

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3.3. “No soldier shall, in time of “No soldier shall, in time of peace or war, be quartered peace or war, be quartered in any house, without the in any house, without the consent of the owner” consent of the owner”

- The Patriot- The Patriot- Revolutionary War- Revolutionary War

4.4. Right against unreasonable Right against unreasonable search and seizure, except search and seizure, except when probable cause (due when probable cause (due process)process)

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55.. Double Jeopardy / Double Jeopardy / protection against self-protection against self-incrimination / DUE incrimination / DUE PROCESSPROCESS

7.7. Right to a speedy and Right to a speedy and public trial by jury and public trial by jury and assistance of counsel assistance of counsel (due process)(due process)

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7.7. Any common law suit Any common law suit over $20 reserves the over $20 reserves the right to jury (due process)right to jury (due process)

8.8. No cruel and unusual No cruel and unusual punishment or excessive punishment or excessive bail (due process)bail (due process)

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9.9. Rights not specifically Rights not specifically listed in the constitution listed in the constitution can still be considered can still be considered rights of the people rights of the people

10.10.Any power not taken by Any power not taken by the federal government is the federal government is given to the state levelgiven to the state level

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Activity Activity Break!Break!

http://www.evgschool.org/bill_of_rightshttp://www.evgschool.org/bill_of_rights.htm.htm

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Forms of LawForms of LawConstitutional LawConstitutional Law (federal) (federal)

StatutesStatutes (state or federal) (state or federal)

OrdinancesOrdinances (town, city or (town, city or county)county)

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Case Law – law made through Case Law – law made through decisions of the courtsdecisions of the courts

Stare decisisStare decisis – let the decision – let the decision standstand

Administrative Regulation Administrative Regulation

(Pg 34)(Pg 34)

Forms of LawForms of Law

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Criminal vs. Civil Criminal vs. Civil LawLaw

Criminal (crimes) – Criminal (crimes) – offenses against societyoffenses against society

Civil (torts) – wrongs Civil (torts) – wrongs against individual against individual personspersons

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Other Types of LawOther Types of Law

Substantive LawSubstantive Law–DEFINESDEFINES rights and rights and duties (criminal and duties (criminal and civil)civil)

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Other Types of LawOther Types of Law

Procedural LawProcedural Law–Deals with methods of Deals with methods of enforcing legal rights and enforcing legal rights and dutiesdutiesMiranda Rights, Court Miranda Rights, Court Proceedings (DUE PROCESS)Proceedings (DUE PROCESS)

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Settling DisputesSettling Disputes

Litigation (settling in Litigation (settling in court)court)

Mediation (way to settle Mediation (way to settle out of court)out of court)

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Settling DisputesSettling Disputes

–MediatorMediatorattempts to develop a attempts to develop a solution acceptable to both solution acceptable to both sides – NOT bindingsides – NOT binding

–ArbitratorArbitratorHears both sides and makes Hears both sides and makes decision – IS bindingdecision – IS binding

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State CourtState CourtStructureStructure

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Federal CourtFederal CourtStructureStructure

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Federal District Courts Federal District Courts (89)(89)

Hears cases dealing with…Hears cases dealing with…federal question - federal question - constitutional or US lawconstitutional or US law

Lawsuits among people from Lawsuits among people from different states (or countries)different states (or countries)

Lawsuits greater than Lawsuits greater than $75,000$75,000

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Appellate Courts (13)Appellate Courts (13)

Do not accept new Do not accept new evidence or witnessesevidence or witnesses

Review all old Review all old informationinformation

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Supreme CourtSupreme CourtHear approx. 100 cases a Hear approx. 100 cases a

yearyear

Must issue a Must issue a Writ of CertiorariWrit of Certioraricompels the state court to compels the state court to turn over the records of the turn over the records of the casecase