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BLAW 316 Introduction - Chapter 1 (And a little bit of Chapter 3!)

by: Christine Gilbert

BLAW 316 Introduction - Chapter 1 (And a little bit of Chapter 3!) 316

Marketplace > New Mexico State University > BLAW > 316 > BLAW 316 Introduction Chapter 1 And a little bit of Chapter 3
Christine Gilbert

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About this Document

These notes go over the course introduction, all of Chapter 1 and a small portion of Chapter 3 that will be covered in our next class.
Legal Environment of Business
Professor Nancy Oretskin
Class Notes
Law, business, Criminal, businessminor, business consulting, Civil Procedure, history, Legal Environment of business, Legal Studies, BLAW316
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This 8 page Class Notes was uploaded by Christine Gilbert on Tuesday August 23, 2016. The Class Notes belongs to 316 at New Mexico State University taught by Professor Nancy Oretskin in Fall 2016. Since its upload, it has received 15 views. For similar materials see Legal Environment of Business in BLAW at New Mexico State University.


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Date Created: 08/23/16
Chapter 1: Origin of U.S. Law:  British Law, which is Common Law Legal Systems: 1. Common Law 2. Sharia Law 3. Civil Law There are 196 legally recognized countries: (193 are part of the UN)  UN Countries under Common Law: about 35  UN countries under Sharia Law: about 22  UN Countries under Civil Law: (the rest) about 36 *Look at “who colonized who” to get an idea of how a country or regions legal system is set up. E.g. New Mexico has civil law aspects from Spain > Mexico > New Mexico. Common Law Attributes:  Juries – adversarial, i.e. “innocent until proven guilty”  Built on the principle of “Stare decisis” (Latin) meaning, “Let the decision stand.” To determine a verdict, you have to look at the results of prior court cases, the precedent.  State and Federal courts Precedent: prior court decision. This Common Law system give our court systems the attribute of “Looking backwards all the time.” Benefit: (from business perspective particularly) predictable, reliable, stable. (Businesses don’t like risk, so predictability leads to reliability and stability). Disadvantage: slow to change. (Hard to override a previous court case or change outdated processes for the present.) Sources of U.S. Law: 1. Constitution: acts as the foundation for the structure for the governing of a nation 2. Judicial system: court cases, precedents, etc. 3. Legislature: laws that become statutes. (U.S. has 50 state legislatures, and one federal in DC) 4. Administrative Law: organizations governing the regulations for specific industries, i.e. the IRS, FDA, etc. 5. Treaties: international contract between countries. E.g. NAFTA. 6. Executive order: issued only by the president under specified regulations and circumstances. BLAW 316 - 8/23/16 Writing Assignment (NMSU) writing assignment 1: - First paragraph should cover content of movie/TV show. The rest of the paper should be about the legal issues themselves. - Write in concise, complete, to-the-point sentences: very factual. (This is not a creative writing assignment.) - Turn in paper face-to-face on the due date: if this is not possible, email it to her. - Each class will be started with a current issue discussion, so be up-to- date on current legal issues to discuss. Chapter 1 (cont.): Discussion topic: Ryan Lochte  False accusation: one of the legal issues  Case would be under national law, not international. (Brazil national law). Why? International law cases concern disputes between two countries.  Lost sponsorships due to breaching his contracts: under contractual law. (Companies include conduct in legal contracts when signing for sponsorship because otherwise bad behavior can hurt their brand.) Review: “Stare Decicis” – leads to precedents  Precedents must be viewed concerning cases that are in the same jurisdiction as the current case at hand. Before precedents were set, legal systems would look at the history to see what had been done in the past. New Mexico: - Only 100 years old (which is fairly new) - Previously part of Mexico, (longer than it’s been part of the U.S.), so many of the founding laws were founded in Civil Law, not Common Law. (Especially regarding water laws) The Supreme Court CAN reverse a precedent: it’s a slow process, but once a precedent is reversed, every case dealing with that precedent is reversed. Review: Sources of U.S. Law (four main sources) - Constitution - Judicial (established in Article 3 of the Constitution) - Legislature (established in Article 1) - Administrative (not outlined in the Constitution) DHS (Department of Homeland Security) created in 90 days after 9/11: it’s under Administrative Law. Took over the immigration process and responsibility. President’s Cabinet: pass administrative law - Dept. of Defense - Dept. of Education - Etc. *Administrative Law effects our lives more than any other branch of law! Review: Other two sources of U.S. Law - Treaties - Executive Orders: often used in cases of “gridlock” in the U.S. Congress Executive Order are currently controversial because the current president has issued more than previous presidents. Gridlock: when two parties (i.e. Democrat and Republican) disagree and do not change their stance, sometimes not even voting, so progress comes to a standstill. Classifications of Law: 1) *Procedural vs Substantive Law: a) Procedural: how the case came to court. E.g., a “drug bust:” were Constitutional laws violated in obtaining evidence? (If so, evidence cannot be used.) b) Substantive: dealing with the issue, complaint, or “substance.” E.g., assault and battery, robbery, etc. 2) Civil vs. Criminal: a) Civil: Plaintiff vs. Defendant. Individuals file complaints, with typically a financial outcome, (I.e. fines, winning money). “Preponderance of Evidence” is needed to win b) Criminal: State vs. Defendant: police report brought before a Grand Jury who issues an Indictment. Results typically incarceration. “Beyond a Reasonable Doubt” is needed to win. 3) National vs International a) National: A dispute between and individual or group and the Nation where the situation occurs. b) International: a dispute between two countries. Governed by WTO, the World Trade Organization. *When you have a lawsuit, you first must decide if it’s Civil or Criminal. Then you determine if it’s Procedural or Substantive. (Address whether the issue is procedural or substantive in your first paper!)  Indictment: issued by Grand Jury based off a police report if the Grand Jury deems necessary  Incarceration: going to jail  Crime: a wrongful act committed against society  Burden of Proof: legal standard of valid evidence you must bring to trial to win your case. (Three kinds): 1. Preponderance of Evidence: more than 50% of the evidence must prove the side of the verdict. 2. *Beyond a Reasonable Doubt: literally meaning that if a reasonable person looked at the evidence, they would arrive at that conclusion. 75-90% of the evidence must prove this. 3. Clear and Convincing: for Administrative Law: about 69% of the evidence must point to that side. *You don’t have to prove someone is innocent to free them from a law dispute: you just have to keep the amount of evidence against them below the Burden of Proof. Our class will primarily cover Civil law, because it’s most common in business law. Many times, both sides will use the same case as the precedent: you must prove that the case is in YOUR favor. Chapter 3: Civil Dispute Resolution (i.e., suing people) 1. Litigation: suing people (93% of litigation cases decide to settle) 2. Arbitration 3. Mediation 4. *Negotiation The last three are all considered ADR, Alternative Dispute Resolution options. *Negotiation is the most important skill you can have in business law: it can solve a lot of issues before they begin. Litigation: - Federal vs. State - Both have a Supreme court, a Trial court, and a Court of Appeal. (Note that the Legislature for the state gets to name each branch, so they often have different names across the country. We will just be looking at the roles of each one to identify them) Trial Court: Where the case is initiated, “court of first impression,” the only part of the legal system where the trial actually occurs, where the jury is, etc. (Rest will be covered next week!)


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