Our Laws and Legal System Mr. Valanzano Business Law

What is law? Law – rules of ____________ established by the _____________ of a society to ________________ ___________ and ______________ in that society What laws do you encounter everyday? _______________

Sources of Today’s Law ___________ and ________ ____________________ English ___________________________ (all states except Louisiana) ________________ ___________________ Law

Federal Constitution The United States Constitution Article I, II, & III – ________________________________ Article IV – ______________________________________ Article V – ______________________________________ Bill of Rights (First 10) 13th 19th 18th and 21st 22nd 26th Article VI – ____________________ Article VII - ___________________

State Constitutions & Common Law Every state has its own ____________________. They are similar but not identical to the federal Constitution. State constitutions can be more __________________, __________________, and __________________________. English Common Law – our legal system (except for Louisiana) is rooted from ____________. England’s laws were adopted when ________________________________. The term “________________” came from judges during colonial times sharing decisions and making an effort to have the same laws throughout the colonies. Precedents – referring to past cases to make a decision on a case with similar circumstances (stare decisis – “let the decision stand”)

Statutory Law Statute – ___________________________________________ ____________________________________________________ Laws passed by Congress, state legislatures, local city councils, or towns can all be called __________________. Examples of state statutes: _______________, seat belts, go to school, _________________________ State statutes ________________________________________ ____________________________________________. Examples of federal statutes: ________________________, regulate commerce, _______________, _________________, set up federal courts

Court Decisions Courts make laws through the ____________________________, _________________________, and ___________________________. Court-made laws are also called: _____________________, court decisions, and _________________________________. Decisions made by the ____________________________________ become the law of that state Courts must interpret statues if they are __________________, _____________________, or _______________. Only the statute in dispute can be interpreted at that time. Courts can also decide whether laws and other government actions are in line with the Constitution. If a law or action is considered _________________by a court, it is no longer valid. The ________________________ of the U.S. has the final say on ________________________ issues.

Historic Court Decisions Marbury v. Madison (1803) Scott v. Sandford (1857) Plessy v. Ferguson (1896); Brown v. Board of Education (1954) Roe v. Wade (1973) Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Schenck v. United States (1919) Classwork Assignment (20 points) – Using your phone to help you do research, take each case above and find 1 later case that dealt with the same issue.

Administrative Law Administrative Agency – a department of government formed to _________________________ _______________ (also called a Regulatory Agency) Administrative agencies have a wide range of powers including: _____________________________, _____________ those rules, ____________ violations of their rules, and _________________ the guilt or innocence of anyone who violates their rules. Administrative Law – the rules and procedures established by administrative (regulatory) agencies

Types of Laws: Civil & Criminal Civil Law – the group of laws that ___________ ____________________________________________ Matters are governed by civil law when the ____________________________________________ __________________. Civil law applies when one person has the right to _____________________. Criminal Law – laws that govern when a citizen’s ____________________________________ A _____________ is an offense against society which disrupts the stable environment that we depend on to make civilization work

Types of Laws: Procedural & Substantive Procedural Law – _________________________________ ________________________________ Laws that specify _________________________________ ___________and what methods can be __________________ are examples of procedural law. 2 types of procedural law: Civil and Criminal Civil procedure is used when a civil law is violated. Police and public prosecutors/defenders do not get involved. Criminal procedure defines the process for enforcing the law when someone is charged with a crime. Substantive Law – _________________________________ Substantive law is concerned with _________________ __________________________________________. It defines crimes such as: murder, homicide, breach of contract, and negligence.

Types of Laws: Business Business Law – _________________________________ ______________________________ Business law is largely concerned with ______________, especially ______________. Criminal law applies in some cases as well. Torts – _________________________________________ _________________________ Example of a tort: when a manufacturer makes a defective product that injures a user. Breach of contract is NOT a tort. __________________________________– a widely adopted set of uniform business laws which governs areas such as: sales of goods, certain aspects of banking, and leases of goods.

Ethics Ethics – deciding what is right or wrong in a _______________ and _________________manner Ethical decisions are based on _____________, not ____________________. Being ______________ means the same set of _____________________are applied to everyone. ______________________– the ethical principles used in making business decisions Ethics are not considered when business decisions are made more often than not. Why do you think that is?

Reasoning About Right and Wrong _________________________________ Decisions Based on ___________________ – When an accepted authority has a rule on an issue, the rule says what is right and wrong. Decisions Based on ____________ – Human reasoning can show the difference between right and wrong by ______________________. _______________________________________ Looks for alternative ways to alter the current situation then predict the consequences that will occur from each. After evaluating the consequences, the alternative that will produce the ____________________________ should be chosen.

Ethics in Our Laws Majority Rule – elected representatives must vote for laws ________________________________________ ___________________________ (consequence based) ______________________– personal rights that are recognized and guaranteed by the Constitution _________________– doing what is right even when there is temptation and pressure to do otherwise Are we ever justified in violating the law? ______________________ – people who do not respect the law but instead assess the risk of being caught against the benefit they obtain by breaking the law _________________________________– an open and peaceful violation of a law to protest its alleged injustice

The U.S. Legal System

Role of __________________ in Law Making _______________________________ - The U.S. Congress has exclusive authority to enact federal legislation. Bills may originate in either the House or the Senate, except that all bills for raising revenue must originate in the House. ____________________________________- After a bill is introduced, it is assigned to one or more committees in the chamber where it was introduced. A committee can amend, rewrite, recommend, or ignore the bill or report back to the full chamber with no recommendation. _________________________________________- Once the bill has emerged from committee consideration, it moves to the "floor" of either the House or the Senate. The entire chamber debates and may amend the bill. It then takes an open vote on the bill. _______________________________________- If the bill passes the first chamber, it is sent to the other chamber where the process is repeated. If the bill is amended in the second chamber, it must be sent back to the first Chamber because both chambers must agree on the amendments. If the two chambers cannot immediately agree on how to pass identical legislation, the bill will be sent to a joint committee which will attempt to work out a compromise among the different versions of the bill. If the joint committee is successful, the bill will be returned to both chambers for a vote.

Role of _____________ in Law Making The U.S. Executive Branch is responsible for __________________________ most laws passed by the Congress. Agencies in the executive branch issue rules, make adjudications and provide other opinions and guidelines in an effort to implement the laws. The ____________________________________ (APA) governs these activities. The President also has the power to issue ___________________________________. Executive orders are Presidential directives governing actions by other federal officials and agencies. The President's authority over the executive branch is limited only by the _____________________ and _____________________________. Once an identical bill passes both the House and the Senate, it is sent to the President who can do the following: ________________________________________________________ Do nothing and after 10 days, if Congress stays in session, it becomes law Do nothing and if Congress ___________ within 10 days, it does not become law Reject the bill by ________________ it and the bill will not become law unless the veto is overridden by Congress. Congress may override the President's veto by approving the bill again with at least a _______________________ majority vote in both the House and the Senate. The bill then becomes a law despite the President's veto.

Role of _____________in Law Making The role of the judiciary is to decide cases and controversies between adversarial parties, including the government. Through the concept of __________________, judicial decisions in U.S. jurisdictions can act as binding precedent for subsequent decisions. When an ________________ court makes a decision, it not only decides who wins the specific case, but also provides a detailed written opinion that explains the basis for the court's decision to guide lower courts in handling future cases. Every level of the federal courts has the power to interpret the ________________, _______________, and _________________. The courts also exercise _______________________ over federal statutes and agency actions, and determine the constitutionality of federal and state laws. To the extent any statute or agency action is found to be __________________________, it is invalid. Federal courts also interpret federal legislation and federal agency rules and decisions.