Business Law Unit 1 – Law, Justice, and You

BackHOMEForward Table of Contents Introduction Introduction Introduction What is Business Law? What is Business Law? What is Business Law? What is Business Law? How were laws created? How were laws created? How were laws created? How were laws created? The Bill of Rights The Bill of Rights The Bill of Rights The Bill of Rights Forms of Law Forms of Law Forms of Law Forms of Law Civil Law vs. Criminal Law Civil Law vs. Criminal Law Civil Law vs. Criminal Law Civil Law vs. Criminal Law Other Types of Law Other Types of Law Other Types of Law Other Types of Law Settling Disputes Settling Disputes Settling Disputes Settling Disputes Court Structures Court Structures Court Structures Court Structures

BackHOMEForward So what are we learning anyway? What are Laws? What are Laws? –Laws are enforceable rules of conduct in society ** Laws are often grouped into an organized form called a code

BackHOMEForward What is different about Business Law? What is different about Business Law? –Business Law is law that applies to business entities, such as partnerships and corporations ** White-collar crimes occur when laws are broken within the business world

BackHOMEForward Ok…So how were laws created? 10 Commandments 10 Commandments –Jewish followings By him???

BackHOMEForward Magna Carta (1215) Magna Carta (1215) –Latin for “The Great Charter” –Most significant early influence of the later constitutional law Constitution (1787) Constitution (1787) –The Bill of Rights Ok…So how were laws created?

BackHOMEForward The Bill of Rights The first 10 amendments to the Constitution: 1. Freedom of speech, press and religion 2. Right to bear arms/regulated militia

BackHOMEForward 3. “No soldier shall, in time of peace or war, be quartered in any house, without the consent of the owner” - The Patriot - Revolutionary War 4. Right against unreasonable search and seizure, except when probable cause (due process)

BackHOMEForward 5. Double Jeopardy / protection against self-incrimination / DUE PROCESS 6. Right to a speedy and public trial by jury and assistance of counsel (due process)

BackHOMEForward 7. Any common law suit over $20 reserves the right to jury (due process) 8. No cruel and unusual punishment or excessive bail (due process)

BackHOMEForward 9. Rights not specifically listed in the constitution can still be considered rights of the people 10. Any power not taken by the federal government is given to the state level

BackHOMEForward Activity Break!

BackHOMEForward Forms of Law Constitutional Law (federal) Constitutional Law (federal) Statutes (state or federal) Statutes (state or federal) Ordinances (town, city or county) Ordinances (town, city or county)

BackHOMEForward Case Law – law made through decisions of the courts Case Law – law made through decisions of the courts  Stare decisis – let the decision stand Administrative Regulation Administrative Regulation (Pg 34) Forms of Law

BackHOMEForward Criminal vs. Civil Law Criminal (crimes) – offenses against society Criminal (crimes) – offenses against society Civil (torts) – wrongs against individual persons Civil (torts) – wrongs against individual persons

BackHOMEForward Other Types of Law Substantive Law Substantive Law –DEFINES rights and duties (criminal and civil)

BackHOMEForward Other Types of Law Procedural Law Procedural Law –Deals with methods of enforcing legal rights and duties  Miranda Rights, Court Proceedings (DUE PROCESS)

BackHOMEForward Settling Disputes Litigation (settling in court) Litigation (settling in court) Mediation (way to settle out of court) Mediation (way to settle out of court)

BackHOMEForward Settling Disputes –Mediator  attempts to develop a solution acceptable to both sides – NOT binding –Arbitrator  Hears both sides and makes decision – IS binding

BackHOMEForward State Court Structure

BackHOMEForward Federal Court Structure

BackHOMEForward Federal District Courts (89) Hears cases dealing with… Hears cases dealing with…  federal question - constitutional or US law  Lawsuits among people from different states (or countries)  Lawsuits greater than $75,000

BackHOMEForward Appellate Courts (13) Do not accept new evidence or witnesses Do not accept new evidence or witnesses Review all old information Review all old information

BackHOMEForward Supreme Court Hear approx. 100 cases a year Hear approx. 100 cases a year Must issue a Writ of Certiorari Must issue a Writ of Certiorari  compels the state court to turn over the records of the case