Business law essay questions
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lawslide13.pptIntroduction to Law
- Power
Strong reach of the law touches nearly everything we do
Everyone will influence and be affected by the law
- Importance
Every society with a historical record has had some system of laws
Many societies contributed ideas
Solved the problem of federalism
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- Fascination
Television - Offers at least one new courtroom drama to a national audience
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- English roots
Land - Most valuable commodity
Statute of frauds
Landlord-tenant law
Precedent: Tendency to decide current cases based on previous rulings
Common law: Judge-made law
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- Law in the United States
Some laws were irrelevant in a world that was socially and geographically so different
Changing conditions raised new legal questions
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- United States Constitution - Supreme law of the land
Establishes the national government of the United States – Legislative, executive, judicial power
Creates a system of checks and balances among the branches
Guarantees many basic rights to the American people
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- Statute: Law created by a legislative body
Bill - Idea for a new law
- Common law
The principle that precedent is binding on later cases is called stare decisis - “let the decision stand”
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| Federal Government | 50 State Governments | |
| Legislative Branch | Congress | State Legislatures |
| Executive Branch | President | Governors |
| Judicial Branch | Federal Courts | State Courts |
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- Court orders
Judges have the authority to issue court orders
Place binding obligations on specific people or companies
- Administrative law
Enforce statutes passed by Congress
- Treaties
Constitution authorizes the president to make treaties with foreign nations
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- Criminal and civil Law
Criminal law: Prohibits certain behavior
Civil law: Regulates the rights and duties between parties
- Law and morality
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- Philosophy of law
- Legal positivism – Law is what the sovereign says it is
Sovereign: Recognized political power whom citizens obey
No room for questions of morality
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- Natural law
Unjust law is no law at all
- Legal realism
Who enforces the law counts more than what is in writing
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- Kuehn v. Pub Zone
Karl Kuehn – Plaintiff
Plaintiff: The party who is suing
Pub Zone – Defendant
Defendant: The party being sued
Issue – Question being decided
Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?
Excerpts - Called the holding, meaning a statement of who wins and who loses
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