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