Management 260 Week 1 Notes
Management 260 Week 1 Notes Management 260
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This 3 page Class Notes was uploaded by Eunji Cho on Friday January 22, 2016. The Class Notes belongs to Management 260 at University of Massachusetts taught by Michael Malkovich in Spring 2016. Since its upload, it has received 44 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.
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Date Created: 01/22/16
Management 260 Professor Malkovich Week 1 Notes: Jan 19-22 By Eunji Cho Sources of the Law 1. Constitution: state/federal • Foundation of the government, foundation of the ability to make laws • Bill of Rights: First 10 amendments o Fundamental rights that must be protected o Basic, natural rights o These rights are violated sometimes under ‘reasonable circumstances’ 2. Legislation (statutes/Black letter law) • Determined by the legislators • Elected representatives make the laws • Has grey areas 3. Common Law – court decisions, case law • Cases that are clear in black letter law may not be as clear in an actual situation. • 4 thamendment: people should be free of unwanted searches o “reasonable expectation of privacy”: if the state obtains evidence by violating the constitution, the evidence can be suppressed. o With cell phone calls, you don’t have a reasonable expectation of privacy since cell phone signals can be intercepted. • Trial -> Appeals court -> Supreme judicial court o If you go to trial, and lose, you have a right to get your case looked at by the appeals court. o Appeals court and supreme court gives out written decisions on the cases o If you lose in appeals court, it is the supreme court’s discretion whether to take the case or not. You have to convince them that there is room to believe the appeals court’s decision is wrong. Conflicting decisions in the appeals court can be a reason. § At trial, all of the information is presented. § Courts can change, expand, reverse, or create existing laws § “real case or controversy” § Judges look at case precedence “stare decisis” when making decisions Adversary system • The way the courts handle the issues by having each side show the laws and evidences that support their decision. Judicial activism • A justice on pellet court who is more comfortable allowing for expansion or contraction of the law. Judicial restraint • A justice who leaves the job up to the legislators rather than getting involved in bending the law and making the law more accommodating for cases.
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