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BUS 205 Week 1, Chapter 1 Book and Class Notes

by: Rachel Rheingold

BUS 205 Week 1, Chapter 1 Book and Class Notes BUS 205

Marketplace > Colorado State University > BUS 205 > BUS 205 Week 1 Chapter 1 Book and Class Notes
Rachel Rheingold
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Here are the notes on Chapter 1 in the textbook and from the Chapter 1 powerpoint slides
Legal and Ethical Issues in Business
Mac V Danford
Class Notes




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This 9 page Class Notes was uploaded by Rachel Rheingold on Wednesday September 21, 2016. The Class Notes belongs to BUS 205 at Colorado State University taught by Mac V Danford in Fall 2016. Since its upload, it has received 65 views.


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Date Created: 09/21/16
Ch. 1 Introduction to Law (Book Notes) The Role of Law in Society  Power o Negotiating a deal with a game developer (contact law) o Researching whether similar games exist or not (intellectual property law) o Complaining about harassment at work (employment law) o Complaining about log work hours (administrative law) o Inside trading (securities law)  Importance o Law is essential for our lives to function and for us to be safe o Every society has a system of laws o Native Americans played a role in making their own government  And influenced the U.S. system of laws  The Iroquois solved the problem of federalism  2 levels o each with specific set of powers o this impressed Benjamin Franklin  and the drafting of the constitution  Fascination o Courts fix our problems o Lots of shows about law and crimes Origins of our Laws  Law is very complex and complicated  English roots  Precedent – the tendency to decide current causes based on previous rulings o This precedent requires that judges decide current issues based off of past rulings on similar cases  Common Law – judge made law o Law in the United States  With immigration Americans want more law to protect themselves  New things come up over time and new laws are created as times evolve Sources of Contemporary Law  United States Constitution o The U.S. Constitution is the supreme law of the land o This federal constitution does 3 basic things  It created the national government of the United States with its 3 branches  It creates a system of checks and balances  No one branch has enough power over the other to overthrow it  The constitution guarantees many basic rights to the American people o Branches of the Government  The founding fathers didn’t want the power all in one place 2  Authority is divided into 3 branches  Legislative  Executive  Judicial  Legislative branch o Creates new laws o Congress o 2 houses  senate  house o voters elect representatives to serve in congress o the house of representatives has 435 voting members o the states voting power is based on the population of the states o the senate has 100 voting members – 2 from each state  Executive branch o Enforces law  Judicial branch o Right to interpret and determine validity in the laws o Checks and balances  One branch of the government can trip up the other but cannot overthrow it  The founding fathers wanted each part of the government to have some power over the other 3  The president can veto congressional legislation  The supreme court can impeach the president  The supreme court can void laws passed by congress  The president appoints judges to the federal courts  Congress can override the supreme court  The president and the congress influence the supreme court by controlling who is placed on the court in the first place o Fundamental rights  The Bill of Rights  First 10 amendments o There are to protect the basic rights of the people o Statute - a law created by legislative body  The second important source of law  The constitution gave the U.S. Congress the power to pass laws  Almost all statues are established the same way  Proposed to congress as a bill  The senate and the house then vote on it  To pass, it must have a majority vote  If it passes, it goes on to the president where he can veto it or make it law  Common law 4 o The principle that the precedent is binding for later court cases similar to the one that set the precedent  Court orders o Court orders bind obligations on specific people or companies  Administrative law o Most government agencies are created by congress o Treaties  Binding contracts upon all citizens as a federal statute Classifications  Criminal and Civil Law o Criminal law concerns behaviors so threatening and dangerous to people and society that it becomes outlawed  Most criminal laws are statutes o Civil law regulates the rights and duties between parties o Law and morality  Not the same thing but linked somehow Jurisprudence  The philosophy of law o Legal positivism  Law is what the sovereign says it is o Sovereign – the recognized political power in which the citizens obey  No room for questions 5  Propositions  Things the people feel important o Natural law  Where do we find the moral basis that would justify a law?  People?  The past?  The present? o Legal realism  What counts is who is enforcing the law not who made the law 6 Ch.1 Introduction to Law (Class Notes) Role of Law in Society  Power o Strong reach of law that affects nearly every single thing we do o Everyone is influenced and affected by the law  Importance o Everyone in society with a historical record has the same system of laws o Many societies contributed ideas  Some ideas even solved the issue of federalism  The systems seem to be modeled after the Iroquois  Fascination o Many television shows have been made influenced by crimes, laws, and society  Courtroom drama Origins of Our Law  English roots o Land – most valuable thing o Statute of frauds o Landlord – tenet law o Precedent – tendency to decide current cases on previous rulings o Common Law – judge made law  Law in the United States o Some laws irrelevant in a world that was different o Changing times and morals question age old laws Sources of Contemporary Law  United States Constitution - supreme law of the land o Established the national government of the United States of America o System of checks and balances o Guarantees many basic rights to the American people (you and me) o Statute – law created by a legislative body  Bill – idea for a new law o Common Law – very hard to change  The idea that the precedent is binding later on in cases  Stare Decisis – let the decision stand (precedent)  Court orders o Judges have the authority and power to issue court orders o Place a binding obligation or promise on specific people and companies  Administrative Law o Day to day work  Treaties o The constitution authorizes the president to make treaties (contracts) with foreign nations Classifications  Criminal and Civil Law o Criminal law – prohibits certain behavior o Civil law – regulates the rights and duties between parties o Law and morality  Jurisprudence o Legal positivism – law is what the sovereign says o Sovereign – recognized political power that the citizens obey o No room for questions of morality  Natural Law o Unjust law is no law at all  Legal realism 2 o Who enforces the law counts more than what the law says  Corrupt police?  Judges?  Who gets to decide what’s right and wrong? Case Analysis  Kuehn V. Pub Zone o Karl Kuehn – plaintiff  Plaintiff – the party who is suing o Pub Zone – defendant  Defendant – the party who is being sued o Issue – question being decided  Did the pub zone have a duty to protect Kuehn from the pagan’s attack? o Excerpts - called the holding  A statement of who wins and who loses 3


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