Business Law I Introduction to Law

Why Study Law? Three Important Reasons Law is powerful… Affects all people, from CEO’s to children Affects most of life, from work to leisure Law is important… But which is more important -- written law or the people who enforce it? Law is fascinating… Complex, but never just theoretical Televised trials often draw a large audience

The Nature of Law Definition of Law Law is a set of principles, rules, and standards of conduct that: Have general application in the society Have been developed by an authority for that society Have an associated penalty imposed upon violations

The Nature of Law Functions of Law Keeping the Peace Enforcing standards of conduct and maintaining order Facilitating planning Promoting social justice

Sources of Our Law Today United States Constitution -- Law of the Land Establishes Congress, the Presidency and Courts Gives to States powers not given to Federal government Guarantees basic rights to all citizens State Constitutions Create State executive, legislative & judicial systems Statutes -- passed by Federal & State governments Common Law -- established by precedent, or earlier cases decided by courts Administrative Law -- created by agencies Other -- treaties and executive orders

Classifications of Law Criminal Law Civil Law vs. Dangerous behavior outlawed by society Regulates rights and duties of parties

Criminal versus Civil Law Criminal Case Civil Case Elements Intentional violation of a statute Harm to another person or property (tort) or breach of a contract Actors Prosecutor v. Defendant (government) (accused) Plaintiff v. Defendant (wronged (wrongful party) party) Outcome Guilt is determined Liability is determined Punishment Fines, imprisonment, execution Defendant may have to pay the Plaintiff compensatory and punitive damages

Law and Morality Owning slaves in Colonial America was legal, but this violates most people’s moral standards today. Actions may be required by law, but immoral to some people. LAW Actions may be required by both moral standards and the law. Actions may be required by moral standards, but not required by law. MORALITY Drunk driving is both immoral and illegal. Helping a hurt person is required by moral standards, but is not mandated by the law.

Case Analysis QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST 65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677 California Court of Appeal, 1998 Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an “error of the mind” and discourages the use of traditional medicine. Members of the faith… Issue: Did the defendants have a duty to summon medical help for Andrew? Excerpts from Judge Bedsworth’s Decision: [The judge began by mentioning an earlier California case, in which the state’s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control... PLAINTIFF: the party who is suing FACTS: background information on the case DEFENDANT: the party being sued LEGAL CITATION: where to find the case in a law library ISSUE: the question being decided Where and when the case was decided. EXERPTS: the decision -- also called the holding -- and the court’s rationale

Case Analysis Example Kuehn v. Pub Zone, Superior Court of New Jersey, Appellate Division, 2003. Facts Issue Decision Reasoning

Case Analysis Example You Be the Judge - James v. Meow Media, 300 F.3d 683, Sixth Circuit Court of Appeals, 2002 Facts Issue Arguments Decision? Lower court ruling AFFIRMED

Quiz Matching Questions Statute Administrative Agencies Common law Stare decisis US Constitution 1.  Law created by judges. 2.  Let the decision stand. 3.  A law passed by Congress or a state legislature. 4.  The supreme law of the land. 5.  The IRS, FCC, FTC.

Quiz True/False Questions The idea that current cases must be decided based on earlier cases is called legal positivism. Civil lawsuits are brought to court by the injured party, but criminal cases must be prosecuted by the government. Congress established the federal government by passing a series of statutes. The federal government has three branches: executive, legislative, and administrative. Law is different from morality, but the two are closely linked. T F F T

End of Introduction to Law