Law and Legal Reasoning
Law and Legal Reasoning 2030-H1522
Oakland Community College
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This 5 page Class Notes was uploaded by Emily Strzelecki on Thursday September 8, 2016. The Class Notes belongs to 2030-H1522 at Oakland Community College taught by TBA in Fall 2016. Since its upload, it has received 51 views. For similar materials see Business Law 1 in Business at Oakland Community College.
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Date Created: 09/08/16
Wednesday, September 01, 2016 Business Law 1 Notes Welcome to the First Class: Chapter 1: Law and Legal Reasoning Primary Sources of Law: o Sources that establish the law. o Includes: The U.S. Constitution and constitutions of the various states. Statutory Law: includes laws passed by Congress, state legislatures, or local governing bodies. o Regulations created by administrative agencies EX: FDA, etc. o Case Law and Common Law doctrines. Secondary Sources of Law: Books, articles, and other documents that summarize and clarify primary sources. o EX: Legal Encyclopedias, Treaties, Articles in law reviews, complications of law etc. o Often referred to for guidance in interpreting and applying primary law. Constitutional Law: Federal Government and sate have separate written constitutions to set forth general organization, powers and limits. Statutory Law: Laws enacted by legislative bodies at any level of government. o Included in: The Federal code of laws State code of laws Local Ordinances o Ordinances: Laws, rules, or orders passed by Municipal or county governing units to cover matters not included in state or Federal Law. Wednesday, September 01, 2016 Wednesday, September 01, 2016 Uniform Laws: (model statutes) for the states to consider adopting. o NCCUSL: National Conference of Commissioners of Uniform State Laws. Uniform Commercial Code (UCC): Facilitates commerce among states by providing uniform (yet flexible) set of rules governing Commercial transactions. Administrative Law: consists of the rules, orders, and decisions of administrative agencies. Federal Agencies: National level, cabinet departments of the Executive Branch including numerous executive agencies (US Dept. Human Services_ o State and Local agencies run parallel to the Federal Agencies. Case Law: doctrines and principles announced in cases. Covers all areas not covered by statutory law or administrative law, and is a part of our Common Law Tradition. Common Law: a body of general rules applied throughout the entire English realm o Remedies: (Legal) Means to enforce a right or redress a wrong. King awarded compensation. Courts of Law: Land, Money, or items of value. Courts of Equity: nonmonetary relief based on “notions of Justice and fair dealing”. o Federal and State courts have consolidated remedies, Consolidated remedies at law and equity, same court order includes both damages and equitable or injunctive relief. Stare Decisis: (“stand on decided cases”) is a judge made law. o Each decision and interpretation becomes a legal precedent. Wednesday, September 01, 2016 I-R-A-C FORM I – ISSUE: key facts and issues. Ask: What are the questions that need to be answered. R – RULE: what law governs this matter. A: - APPLYING facts: How do the rules of law apply to these facts. C – CONCLUSION: decision or verdict. There is no “right” answer. Classification of Law: o Civil: Auto accident – suing for money. Business Civil case could be lying on tax deductions (this can also become criminal). o Criminal: Violation of law, act of doing, terrorism = Federal law that can be charged at state and local levels. Substantive v. Procedural Law Substantive Law: defines or creates the rights and obligations of persons and governments. Procedural Law: (code) provides the steps one must follow in order to avail oneself of one’s legal rights or enforce another’s legal obligations. o EX: Evidence must be provided to the court within ‘x’ number of days (months) > if deadlines are missed there are penalties. Cyber Law: Not really a “new” type of law, but traditional legal rules applied to online transactions. o EX: The box that says: “I accept the terms and conditions”. You are signing a contract that will always win in court. Wednesday, September 01, 2016 Understanding Law Sources
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