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Week 1 Notes

by: Natasha Harvey

Week 1 Notes BUS-L201

Natasha Harvey
GPA 3.307
The Legal Environment of Business
Victor Bongard

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The Legal Environment of Business
Victor Bongard
Class Notes
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This 6 page Class Notes was uploaded by Natasha Harvey on Friday January 16, 2015. The Class Notes belongs to BUS-L201 at Indiana University taught by Victor Bongard in Spring2015. Since its upload, it has received 257 views.


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Date Created: 01/16/15
11515 01152015 Types of Law 0 Federal gov t is limited by the Constitution 0 State gov t is unlimited except when federal gov t intervenes Types of gov t federal AND state level 0 Executive Administrative agencies create rules Executive order 0 Judicial State level makes common law Federal level interpret the law 0 Legislative primary law makers Types of gov t local level 0 Executive 0 Legislative Constitutions 0 Created by legislature rati ed by super majority o De nes structure of government allocated divided power 0 Sets limits on government power Treaties negotiated by President and approved by Congress Statutes created by legislature Administrative Regulations created by executive agencies exercising power delegated to the agencies by the legislature Executive Orders created by executive using power granted by Constitution or delegated by legislature Ordinances legislative acts by state subdivisions eg cities towns Common Law amp Equity Legal rules adopted by judges in court decisions in certain areas of law torts property contracts 0 Common law is state law not federal law Priority Rules 0 Where legal authorities con ict 0 Federal law trumps state law 0 State law trumps municipal city town law 0 Constitutions trump statutes 0 Treaty trumps statute on foreign matters on domestic matters most recent treaty or statute prevails Hierarchy of Legal Authority US Constitution 0 Federal treaty or statute Federal administrative regulation 0 Federal executive order 0 State constitution State statute State administrative regulation 0 State executive order 0 Municipal ordinancelegislation Municipal executive order 0 Common law Legal Reasoning Statutory Interpretation 0 Statutory interpretation refers to methods judges use to interpret written laws 0 Where people enact a written law ex a statue a treaty an ordinance courts must interpret the law in order to apply it 0 Methods for interpreting the meaning of a written law 0 Plain meaning interpret laws according to the commonly accepted meaning of the words used in the law 0 Legislative history and intent interpret laws by looking at the history of the law and the intent of the people who created it 0 Prior interpretations interpret laws according to how others courts government agencies have interpreted the law in prior cases 0 General public purpose interpret laws in accordance with the broad general goals of public policy O Maxims interpret laws using general quotrules of thumbquot for examples see httpenwikipediaorgwikiStatutoryintepretation Legal Reasoning CaseLaw Reasoning Caselaw reasoning is the process of deciding cases based on the reasoning in prior cases 0 Court decisions in prior cases are examples of quotprior interpretationsquot of laws Precedent sometimes called quotbinding precedentquot O O O Stare decisis like cases should be alike Prior decisions b the same court andor any reviewing courts quotbossesquot are binding precedents in similar cases Prior decisions of other courts are not binding precedent but courts may follow them because they are persuasive Courts often refuse to follow decisions in prior cases by explaining why the prior case is different from the current case in some signi cant way quotdistinguishing prior cases Pg 29 Notes 01142015 Constitutions Structure Government 0 Separation of powers Congress make laws Chief executive president enforce laws Federal judiciary interpret laws 0 Principle of federalism recognizing the states power to make law in certain areas Statues laws created by elected representatives in Congress or a state legislature Uniform acts model statutes drafted by private bodies of lawyers and scholars 0 Do not become a law until a legislature enacts them 0 Aim is to produce statebystate uniformity on the subjects they address 0 Ex Uniform Commercial Code Common law law made and applied by judges as they decide cases not governed by statutes or other types of law Precedents judges following the decisions of other judges in similar cases 0 Case law reasoning courts engage when they make and apply common law rules Young v Beck 0 Beck was only allowed to drive SUV to a certain location 0 Beck drove it elsewhere Beck s negligence made him crash into Young causing serious injury 0 Family purpose doctrine did not apply because jason violated his parents restrictions against transporting friends Equity quotrough justicequot when common law rules would produce unfair results Equitable remedies o Injunction a court order forbidding a party to do some act or commanding him to perform some act 0 Speci c performance a party is ordered to perform according to the terms of her contract 0 Reformation the court rewrites the contract s terms to re ect the parties real intentions o Rescission a cancellation of a contract and a return of the parties to their precontractual position Administrative agencies 0 Two types of law 0 Administrative regulations 0 Agency decisions Treaties made by the president with foreign governments and approved by twothirds of the US Senate become quotthe supreme Law of the Landquot Ordinances the enactments of counties and municipalities Executive orders officials sometimes have limited power to issue laws Priority rules 0 Federal supremacy federal law defeats con icting state law Constitutions defeat other types of law within their domain Treaty vs federal statue measure later in time prevails Statues defeat con icting laws Statues defeat inconsistent common law rules Criminal law law under which the government prosecutes someone for committing a crime Civil law mainly concerns obligations that private parties owe to each other Substantive law sets the rights and duties of people as they act in society Procedural law controls the behavior of government bodies as they establish and enforce rules of substantive law Public law concerns the powers of government and the relations between government and private parties Private law establishes a framework of legal rules that enables parties to set the rights and duties they owe each other Functions of law Peacekeeping Checking government power and promoting personal freedom Facilitating planning and the realization of reasonable expectations Promoting economic growth through free competition Promoting social justice 0 Protecting the environment Legal reasoning Case law reasoning using other cases to determine the outcome of a certain case 0 Ex Hagan v CocaCola Bottling Co Girl found used condom in Coke bottle Brought a negligence action against CocaCola Hagan girls did not get awards because neither had suffered a physical injury 0 Statutory interpretation 0 Plain meaning 0 Legislative history and legislative purpose 0


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