Business Law Notes Essay

Submitted By dannyos
Words: 2086
Pages: 9

A) State & Federal Legislature enacts laws termed Statutes.
A) System of law derived from centuries of general rules, customs and experiences, derived from the English.
Administrative Law:
Army/Navy/Air Force/Marines/Coast Guard
B) Cities and Counties always have a right to create laws termed Ordinances B) Judicial Decisions- rules based on decisions of actual legal disputes.
Based on the concept of precedent: Once a case has been decided at a higher court (Appellate/Supreme), all future analyses by lower courts in the jurisdiction (of the same or similar facts) must rely on the prior decision.
Bill of Rights- (Bill of rights are yours as American citizen)- Came into play because the people expressed FEAR that the federal government would abuse its power therefore, this bill limits the powers and authority of the federal government and guarantees civil rights and protections.
Bill of rights- 1) Freedom of religion, press, speech 2) Right to keep and bear arms 3) Protection for quartering troops 4) Protection from unreasonable search and seizure 5) Due process, double jeopardy, self-incrimination, eminent domain 6) Right to a trial (speedy), right to council, confrontation clause 7) Civil Trial by jury, 8) Prohibition of excessive bail, cruel & unusual punishment
Common Law:
Considered- Supreme Law of the Land
Constitutional Law:
Covers subjects such as crime, civil, housing, zoning, building a sports facility.
Decisions of numerous courts over hundreds of years are combined to form what is known as Common Law.
Doctrine of Supremacy- when jurisdictions overlap, a conflict may arise- Federal law prevails over state law, State law prevails over local law-Statutory law cannot violate State or US Constitution
Enacted by Legislative Bodies
Executive (President/Governor)- Power to enforce laws
Executive Orders: Power is implied from Constitution, Expressly from a Delegation from Congress, Example: Department of Homeland Security (After 9/11 president implanted this to make sure that we were safe, done by executive order and president had the power to do it)
Functions of Law: Keeping Peace (criminal), Shape Morals (drugs/alcohol), Social Justice (no discrimination), Status Quo (overthrow government), Facilitate order, Facilitate Planning (zoning laws), Basis for Compromise (over 90% of cases settled before going to trail), Maximize Individual Freedoms (Religion, Constitution), Flexibility (always evolving)
Governing Bodies given certain regulatory administrative bodies
Have an effect if you travel of seas etc.
Internal Revenue Service (IRS)
Judicial (Courts)- Power to interpret and determine the validity of a law
Law: A body of rules of action or conduct prescribed by controlling authority usually the government and has a binding legal force.
Laws are only valid in the area governed by that entity (If it’s a federal law it governs the whole US, if it’s a state law it just governs that state, city just covers that city)
Legislature (Congress)- Power to make/enact laws
Module 1 Sources of Law: (Video)
National Labor Relations Board
Sources of Law: Common Law, Constitutional Law, Statutory Law, Administrative Law, Executive Orders, Treaties
Specialized bodies created by Statues and are granted law-making authorities to regulate certain activities. Stare Decisis- Stand by the decision (The practice of courts in following case precedent/prior legal case law decisions/in rendering opinions.
State Constitutions (each state has their own constitutions 51 in the US)- they cant not take away any of your federal rights but they can give you more rights in the US
Statutory Law:
That which must be obeyed and followed by citizen subject to sanctions or legal consequences.
The United States constitution came into play in 1987 and the bill of rights added in 1791.
Together the US Constitution and the Bill of Rights are known as “The Supreme Law of the Land.”
US constitution provides- President, with advice and