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by: Mr. Reginald O'Reilly


Marketplace > Appalachian State University > Law > LAW 2150 > LEGAL ENVIRON OF BUS
Mr. Reginald O'Reilly
GPA 3.56

Richard Mattar

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Richard Mattar
Class Notes
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This 6 page Class Notes was uploaded by Mr. Reginald O'Reilly on Friday October 2, 2015. The Class Notes belongs to LAW 2150 at Appalachian State University taught by Richard Mattar in Fall. Since its upload, it has received 20 views. For similar materials see /class/217674/law-2150-appalachian-state-university in Law at Appalachian State University.




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Date Created: 10/02/15
Exam 1 Notes Chapter One Introduction 0 One of the important functions of law in any society is to provide stability predictability and continuity so that people can be sure of how to order their affairs help people determine what is legally right and what is legally wrong 0 At a minimum law consists of enforceable rules governing relationships among individuals and between individuals and their society 0 Enforceable Rules 7 unwritten principles of behavior law code written laws and court decisions they establish rights duties and privileges that are consistent with the values and beliefs of their society or its ruling group Schools of Jurisprudential Thought Concept Summary 11 page 4 o How judges apply the law to specific disputes depends in part on their philosophical approaches to law 0 Legislative branch of the government 7 make the law Judges 7 to interpret and apply the law some exibility in how they interpret them because laws enacted by legislative bodies tend to be expressed in general terms 0 The Natural Law School 7 Natural law denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence or reason conscience higher or universal law 0 One of the oldest and most significant schools of jurisprudence Aristotle 7 natural law applies universally to all humankind o The Positivist School 7 Positive law or national law applies only to the citizens of that nation or society 0 National Law 7 the written law of a given society at a particular point in time 0 Those who adhere to the positivist school believe that there can be no higher law than a nation s positive law 0 No such thing as natural rights 7 human rights exist because of law 0 Irrelevant is a law is good or bad 0 The Historical School 7 emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system 0 Looks to the past to discover what the principles of contemporary law should be 0 Legal Realism 7 based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs O O 0 Law is human enterprise 7 judges should take social and economic realities into account when deciding cases The law can never be applied with total uniformity In uenced growth of Sociological School 7 views law as a tool for promoting justice in society Business Activities and the Legal Environment 0 Many different laws may affect a single business transaction various areas of law that may in uence business decision making contracts sales negotiable instruments creditors rights intellectual property ecommerce product liability torts agency business organizations professional liability courts and court procedures Exhibit ll on page 5 o Breach 7 breaks or failure to perform the contract 0 Ethics 7 the study of what constitutes right or wrong behavior Sources of American Law Concept Summary 12 page 8 0 Primary Sources of Law 7 sources that establish the law 0 O Constitutional Law 7 The US Constitution and the constitutions of various states I The Constitution is the supreme law of hand 7 it is the basis of all law in the United States Each state has its own constitution Unless it con icts with the US Constitution or a federal law a state constitution is supreme within the state s borders Statutory Law 7 Laws enacted by legislative bodies at any level of government 7 including laws passed by Congress state legislatures or local governing bodies I Includes local Ordinances 7 statutes laws rules or orders passed by municipal or county governing nits to govern matters not covered by federal or state law zoning ordinances building and safety codes Uniform Laws 7 model laws for the state to consider adopting National Conference of Commissioners of Uniform State Laws 7 NCCUSL Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state Uniform Commercial Code was created through joint efforts of the NCCUSL and the American Law Institute facilitates commerce among the states by providing a uniform yet exible set of rules governing commercial transactions and assures businesspersons that their contract if validly entered into normally will be enforced 0 Administrative Law Rules orders and decisions of administrative agencies Regulations created by administrative agencies such as the Food and Drug Administration I Administrative Agency 7 a federal state or local government agency established to perform a speci c function 0 Federal Agencies Executive Agencies subject to the authority of the president Independent Regulatory Agencies Federal Trade Commission Securities and Exchange Commission Federal Communications Commission president s power is less pronounced 0 State and Local Agencies 7 commonly a state agency is created as a parallel to a federal agency 0 Case law and Common law Doctrines 7 Judge made law rules of law announced in court decisions constitute another basic source of American law 7 include interpretation of constitutional provisions of statues enacted by the legislature regulations created by administrative agencies I Case Law 7 the doctrines and principles announced is cases governs al areas not covered by statutory or administrative law part of common law tradition 0 Secondary Sources of Law 7 books and articles that summarize and clarify the primary sources of law legal encyclopedias treatises articles in law reviews and compilations of law like Restatements 0f the Law The Common Law Tradition Concept Summary 13 page 13 0 King s Court or Curiae Regis 7sought to establish a uniform set of customs for the country as a whole 0 Common Law 7 a body of general rules that applied through the entire English realm Remedies 7 the legal means to enforce a right or redress a wrong 0 0 King s Court could award land items of value or money The courts that awarded compensation 7 Courts of Law Remedies 7 Remedies at Law 000 Damages 7 an amount given to a party whose legal interests have been injured a remedy o Remedy other than economic compensation Court of Law can do nothing 0 Equity 7 a branch of law that seeks to supply a remedy when no adequate remedy at law is available 0 Chancellor 7 advisor to the King who had the power to grant new and unique remedies 0 Formal Chancery Courts 7 Courts of Equity O o Remedies in Equity or Equitable Remedies 7 remedies granted by the equity courts Speci c Performance 7 ordering a party to perform an agreement as promised Injunction 7 ordering a party to cease engaging in speci c activity or to undo some wrong injury quotquot ofa 39 quot39 quot o Equitable Maxims 7 propositions or general statements of equitable rules Exhibit 12 on page 9 I Doctrine of Laches quity aids the vigilant not those who rest on their I Rescission 7 the rights may be used as a defense Encourages people to bring lawsuits while the evidence is fresh I Defense 7 an argument raised by the defendant the part being sued indicating why the plaintiff the suing party should not obtain the remedy sought NOTE In equity proceedings defendant respondent and plaintiff petitioner I Statutes of Limitations 7 after the time allowed under a statute of limitations has expired no action can be brought Legal and Equitable Remedies Today A party may now request both legal and equitable remedies in the same action and the trial court judge may grant either or both forms of relief 7 some differences still remain however Exhibit 13 on page 10 The Doctrine 0fStare Decisis Concept Summary 13 page 13 O O O O 0 One of the unique features of the common law is that it is judge made law Precedent 7 a decision that furnished an example or authority for deciding subsequent cases involving similar legal principles or facts 0 Year Books l4Lh to the l6Lh century 0 Reporters or Reports Stare Decisis to stand on decided cases under this doctrine judges are obligated to follow the precedents established within their jurisdiction 0 Decisions made by higher courts are binding on lower courts 0 A court should not overturn its own precedents unless there is a compelling reason to Jurisdiction 7 an area in which a court or courts have the power to apply the law Binding Authority 7 a case precedent statute or other source of law that a court must follow when deciding a case Cases of First Impression 7 a case for which no precedents exist 0 Persuasive Authority 7 precedents from other jurisdictions 0 Public Policy 7 governmental policy based on widely held societal values Stare Decisis and Legal Reasoning Concept Summary 13 page 13 0 Legal Reasoning 7 the reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the speci c facts or circumstances of the case IRAC Method of Legal Reasoning Issue Rules Application and Conclusion 1 What are the key facts and issues 0 2 What rules of law apply to the case 3 How do the rules of law apply to the particular facts and circumstances of this case I Cases on Point 7 previously decided cases that are as similar as possible to the one under consideration I Deductive Reasoning Linear Reasoning Reasoning ByAnalogy 4 What conclusion should be drawn 0 Deductive Reasoning 7 sometimes called syllogistic reasoning employs a syllogism7a logical relationship involving major premise a minor premise and a conclusion Linear Reasoning 7 proceeds from one point to another ending in a conclusion Reasoning by Analogy 7 to reason by analogy is to compare the facts in the cast at hand to the facts in other castes O The Common Law Today 0 Common law doctrines and principles govern all areas not covered by statutory or administrative law 0 Restatements of the Law 7 drafted and published by the American Law Institute ALI they generally summarize the common law rules followed by most states Secondary Source of law Classi cations of Law 0 Substantive Law 7 consists of all laws that define describe regulate and create legal rights and obligations 0 Procedural Law 7 consists of all laws that delineate the methods of enforcing the rights established by substantive law 0 Other classification Federal law and State law Private law and Public law National law and International law 0 Civil Law 7 spells out the rights and duties that exist between persons and their governments as well as the relief available when a person s rights are violated 0 Criminal Law 7 concerned with wrongs committee against the public as a whole O Cyberlaw 7 the emerging body of laW that governs transactions conducted via the Internet Finding Statutory and Administrative Law 0 United States Statues at Large 0 United States Code Title and a Title Number WWW v A indeY html 0 United States Code Annotated commercial publication of federal laws and regulations 0 State Codes 0 Federal Register administrative rules and regulations adopted by federal administrative agencies 0 Code of Federal Regulations Finding Case Law 0 Federal and State Courts 0 Court of Appeals or an Appellate Court 0 Trial Courts 0 Reports or Reporters reported appellate decisions 0 Regional Reporters Exhibit 14 on page 17 0 Case Citation When more than one reporter is cited for the same case each reference is called a parallel citation 0 Federal district trial court decisions are published unof cially in Federal Supplement and opinions from the circuit court of appeals revieWing courts are reported unof cially in Federal Reporter 0 Cases concerning federal bankruptcy case are published unof cially in Bankruptcy Reporter 0 United States Reports 7 US Supreme Court decisions unof cial Supreme Court Reports and Lawyers Edition of the Supreme Court Reports How to Read and Understand Case Law 0000 O PlaintiffPetitioner DefendantRespondent AppellantPetitioner 7 the party appealing a cast AppelleeRespondent 7 the party against Whom the appeal is taken Justices 7 all members of the US Supreme Court and sometimes judges of appellate courts Opinions 7 contains the court s reasons for its decision the rules of laW that apply and the judgment


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