©2005 by West Legal Studies in Business A Division of Thomson Learning Chapter 1 Sources of Business Law and the Global Legal Environment Fundamentals of Business Law 6 th Edition

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 2 The Nature of Law Aristotle: “citizens of a state will do justice to one another.” Plato: law is a form of social control. Blackstone: “rule of civil conduct prescribed by state.” Aristotle: “citizens of a state will do justice to one another.” Plato: law is a form of social control. Blackstone: “rule of civil conduct prescribed by state.”

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 3 The Common Law Tradition Early English Courts of Law. Stare Decisis: “ To stand on decided cases.” –Departures From Precedent. Brown v. Board of Education (1954). –When There is No Precedent: use persuasive authorities. Early English Courts of Law. Stare Decisis: “ To stand on decided cases.” –Departures From Precedent. Brown v. Board of Education (1954). –When There is No Precedent: use persuasive authorities.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 4 Equitable Remedies and Courts of Equity Legal Remedy: means to compensate plaintiff for violation of a right. Equitable Remedy: based on equity and fair dealing. Today: merger of law and equity. Legal Remedy: means to compensate plaintiff for violation of a right. Equitable Remedy: based on equity and fair dealing. Today: merger of law and equity.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 5 Sources of American Law Constitutional Law. Statutory Law: –Federal Statutes. –State and Local Statutes. –Uniform Laws. –Uniform Commercial Code. Constitutional Law. Statutory Law: –Federal Statutes. –State and Local Statutes. –Uniform Laws. –Uniform Commercial Code.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 6 Administrative Law Administrative law: the rules, orders and decisions of administrative agencies. Types of Agencies: –Executive Agencies. –Independent Regulatory Agencies. Administrative law: the rules, orders and decisions of administrative agencies. Types of Agencies: –Executive Agencies. –Independent Regulatory Agencies.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 7 Case Law and Common Law Doctrines Common Law: doctrines and principles of case law not covered by statutory law. Relationship Between Common Law and Statutory Law. Restatements of the Law. Common Law: doctrines and principles of case law not covered by statutory law. Relationship Between Common Law and Statutory Law. Restatements of the Law.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 8 Classifications of Law Substantive Law: laws dealing with rights and duties. Procedural Law: methods of enforcing rights. Civil vs. Criminal Law: –Civil: private injury –Criminal: injury against society. Substantive Law: laws dealing with rights and duties. Procedural Law: methods of enforcing rights. Civil vs. Criminal Law: –Civil: private injury –Criminal: injury against society.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 9 National Law: varies from country to country. International Law: –Written and unwritten laws. –Treaties. –International Organizations. –Choice of Language, Law and Forum. National Law: varies from country to country. International Law: –Written and unwritten laws. –Treaties. –International Organizations. –Choice of Language, Law and Forum. Classifications of Law

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 10 The Constitution As It Affects Business The Commerce Clause: –Expansion of National Powers. Case 1.1 Heart of Atlanta Motel vs. United States (1964). –Commerce Power Today. –The “Dormant” Commerce Clause. The Commerce Clause: –Expansion of National Powers. Case 1.1 Heart of Atlanta Motel vs. United States (1964). –Commerce Power Today. –The “Dormant” Commerce Clause.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 11 First Amendment-Freedom of Speech. –Symbolic Speech. –Corporate Political Speech. –Commercial Speech. Case 1.2 Interactive Digital Software Ass’n v St. Louis County, Missouri. (2003). –Unprotected Speech. –Online Obscenity. First Amendment-Freedom of Speech. –Symbolic Speech. –Corporate Political Speech. –Commercial Speech. Case 1.2 Interactive Digital Software Ass’n v St. Louis County, Missouri. (2003). –Unprotected Speech. –Online Obscenity. Business and the Bill of Rights

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 12 First Amendment-Freedom of Religion. –Establishment Clause. Does not require a complete separation. Requires accommodation of religions. –Free Exercise Clause. First Amendment-Freedom of Religion. –Establishment Clause. Does not require a complete separation. Requires accommodation of religions. –Free Exercise Clause. Business and the Bill of Rights

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 13 Due Process. –5 th and 14 th Amendments. –No person shall be deprived of “life, liberty or property, without due process of law.” Procedural Due Process. Substantive Due Process. Due Process. –5 th and 14 th Amendments. –No person shall be deprived of “life, liberty or property, without due process of law.” Procedural Due Process. Substantive Due Process. Business and the Bill of Rights

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 14 Appendix: Reading and Analyzing Case Law Finding Statutory and Administrative Law. Finding Case Law. –Federal Court Decisions. –State Court Decisions. –Unpublished Opinions. Finding Statutory and Administrative Law. Finding Case Law. –Federal Court Decisions. –State Court Decisions. –Unpublished Opinions.

©2005 by West Legal Studies in Business A Division of Thomson Learning Fundamentals of Business Law Miller Jentz 6 th Ed. 15 Legal cases are identified by a legal citation (or a “cite”) as in the example below: Williams v. Dominion Technology Partners, LLC. 576 S.E.2d 752 (2003). Legal cases are identified by a legal citation (or a “cite”) as in the example below: Williams v. Dominion Technology Partners, LLC. 576 S.E.2d 752 (2003). Appendix: Reading and Analyzing Case Law