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Chapter 1 - Legal Heritage and the Digital Age

by: Megan Koh

Chapter 1 - Legal Heritage and the Digital Age MGT 2106

Marketplace > Georgia Institute of Technology > Business Administration > MGT 2106 > Chapter 1 Legal Heritage and the Digital Age
Megan Koh
Georgia Tech
GPA 4.0
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This packet contains all bolded definitions in the book, including the ones not listed in the margins, as well as lecture notes in case if you missed class! The notes listed here are color-coded b...
Legal Aspects of Business
Karie Denise Davis-Nozemack
Class Notes




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This 3 page Class Notes was uploaded by Megan Koh on Friday September 9, 2016. The Class Notes belongs to MGT 2106 at Georgia Institute of Technology taught by Karie Denise Davis-Nozemack in Fall 2016. Since its upload, it has received 8 views. For similar materials see Legal Aspects of Business in Business Administration at Georgia Institute of Technology.

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Date Created: 09/09/16
Chapter 1: Legal Heritage and the Digital Age Megan Koh Functions of Law • Law - is that which must be obeyed and followed by citizens, subject to sanctions or legal consequences. Law is a body of rules of action or conduct prescribed by controlling authority and having binding legal force. • Jurisprudence - is the philosophy or science of the law. 1. Keeping the peace 2. Shaping moral standards 3. Promoting social justice 4. Maintaining the status quo 5. Facilitating orderly change 6. Facilitating planning 7. Providing a basis for compromise 8. Maximizing individual freedom Schools of Law • The Natural School of Law - “The law is based on what is ‘correct’.” Moral Theory of Law - is the concept that law should be based on morality and ethics. • • The Historical School of Law - “The law is an aggregate of social traditions and customs that have developed over the centuries.” • The Analytical School of Law - “The law is shaped by logic.” • The Sociological School of Law -“ The law is a means of achieving and advancing sociological goals.” • The Command School of Law - “The law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society’s morality, history, logic, and sociology.” • The Critical Legal Studies School of Law - “The law is unnecessary and used as an obstacle by the powerful to maintain the status quo.” • The Law and Economics School of Law - “The law serves to promote market efficiency.” Types of Courts • Law Courts - were courts that delivered law in a uniform manner. Legal procedure (form) was emphasized over merit (substance). Money was often the only form of relief. • Chancery/Equity Courts - were courts that inquired into the merits of a case. Remedies fit the individual scenario, rather than fitting a uniform procedure. • Merchant Courts - were courts that specifically handled commercial disputes. • Law Merchant - were rules based on common trade practice and usage, employed in a Merchant Court. The United States Federal Powers • Constitution of the United Stated of America - is the supreme law of the United States. • The Legislative Branch (Congress) - has the power to make the law. • The Executive Branch (President) - has the power to enforce the law. • The Judicial Branch (Courts) - has the power to interpret and determine the validity of the law. Sources of Law in the United States Chapter 1: Legal Heritage and the Digital Age Megan Koh 1. Constitution 2. Treaty - is a compact made between two or more nations. 3. Codified Law (including statutes and ordinances) - is when federal law is organized into a code book by topic • Code Books - contain federal codified law • Statutes - are written laws enacted by the legislative branch of the federal and state governments that establish certain courses of conduct that covered parties must adhere to. • State statutes - are enacted by state legislatures, placed in code books, and accessed in hardcopy code books or online. • Ordinances - are laws enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts. 4. Executive Order - is an order issued by a member of the executive branch of the government. 5. Administrative Rules and Regulations - interpret the statutes that an Administrative Agency is authorized to enforce. They have the force of the law and the power to decide disputes. • Administrative Agencies - are agencies (such as the Securities and Exchange Commission and the Federal Trade Commission) that the legislative and executive branches of federal and state governments are empowered to establish. • Orders - are the decisions of Administrative Agencies. 6. Judicial Decisions - are decisions about an individual lawsuit issued by a federal or state court. Methods of Critical Legal Thinking • Socratic Method - is a process that consists of a series of questions and answers and a give- and-take inquiry and debate between a professor and students. • IRAC Method - is a method used to examine a law case. IRAC is an acronym that stands for issue, rule, application, and conclusion. I - What is the legal issue in the case? • • R - What is the rule (law) of the case? • A - What is the court’s analysis and rationale? • C - What was the conclusion or outcome of the case? Other Definitions • English Common Law - is law developed by judges who issue their opinions when deciding a case. The principles announced in these cases became precedent for later judges deciding similar cases. • Precedent - is a rule of law established in a court decision. Lower courts must follow the precedent established by higher courts. • Stare Decisis - is Latin for “to stand by the decision”. Adherence to precedent. The Rule of Law • “For the United Nations, the rule of law refers to a principle of governance in which all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are (1) publicly promulgated, (2) equally enforced, and (3) Chapter 1: Legal Heritage and the Digital Age Megan Koh independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of (4) supremacy of law, (5) equality before the law, (6) accountability to the law, (7) fairness in the application of the law, (8) separation of powers, (9) participation in decision-making, (10) legal certainty, (11) avoidance of arbitrariness, and (12) procedural and legal transparency.” 1. Publicly promulgated - “Publishing and announcing the law publicly.” 2. Equally enforced - “Applying the same standard in the same manner to everyone via precedence.” 3. Independently adjudicated - “Hearing disputes by a third-party without bias.” 4. Supremacy of law - “Letting the law rule, rather than a man’s whims.” 5. Equality before the law - “Treating every man equally given the current precedent.” 6. Accountability to the law - “Applying the law and the consequences of the law to the entire nation, including illegal immigrants, the president, and firms.” 7. Fairness in the application of the law - “Giving a similar sentence of similar conduct.” 8. Separation of powers - “Checking and balancing power through the legislative, executive, and judicial branches of the government.” 9. Participation in decision-making - “Allowing everyone to vote on the law through a representative.” 10. Legal certainty - “Knowing the law ahead of time to avoid claims of ignorance.” 11. Avoidance of arbitrariness - “Making the law (and sentences) stable and rational, based on reasons which will be available to the condemned at any point in time.” 12. Procedural and legal transparency - “Allowing every condemned individual to know why he was charged, what he was charged for, and that he has the right to fight back if he so chooses.” Lecture Notes To appeal, you must be the loser of a case. • • 99% of the time, you will receive 3 judges chosen at random from a given court. • In the other 1% of the time, you will receive an en banc panel, which includes all of the judges. En banc panels are used for more difficult and important cases. • There are 12 circuits. One is the DC circuit. The constitution claims that there are several sources of supreme law: the Constitution, • federal law, state law, codes, regulations, treaties. High Court: U.S. Supreme Court Appellate Court: Appellate Court: U.S. Circuit Court of Appeals U.S. Court of Appeals for the Federal Circuit Trial Court: U.S. District Courts Trial Court: Trial Court: (94 Districts) U.S. Court of Federal Claims U.S. Court of International Trade Trial Court: U.S. Bankruptcy Courts (1 per District)


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