 Knowledge of ‘black-letter’ not enough - business now assumes an ethical dimension.  Many Different Laws May Affect a Single Business Transaction.  Ethics and Business Decision Making.  2 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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 Constitutional Law.  Statutory Law.  Ordinances.  Uniform Laws (NCCUSL).  Uniform Commercial Code. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Administrative Law.  Federal Agencies.  State and Local Agencies.  Case Law and Common Law Doctrines.  Case law governs all areas of law not covered by statutory or administrative law. 5 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Early English Courts.  American law is based largely on English Common Law which was based largely on traditions, social customs, rules, and cases dating back to 1066 A.D. 6 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 At common law, there were two separate court systems:  COURTS OF LAW (awarding money damages), and  COURTS OF EQUITY (non- monetary relief) based on “notions of justice and fair dealing.”  7 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Courts of Law and Remedies at Law.  Were also called “king’s courts,” and judges were appointed by the king.  Remedies were limited to those provided at law, i.e., land, chattels, money. 8 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Courts of Equity and Remedies in Equity.  Courts of equity were administered by chancellors appointed by the king.  Equitable remedies include: specific performance, injunctions, rescissions. 9 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Courts of Equity and Remedies in Equity.  Equitable Maxims.  Doctrine of Laches.  Respondent (defendant).  Petitioner (plaintiff).  Statutes of Limitations. 10 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

11 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Federal and state courts have consolidated remedies at law and equity.  Generally, the same court can fashion a remedy that includes both damages and equitable or injunctive relief. 12 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Stare Decisis (“to stand on decided cases”) is judge-made law.  Case Precedents and Reporters. Each decision becomes a legal precedent. Cases are now published in national and regional “Reporters.” 13 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Stare Decisis and the Common Law Tradition.  Courts are obliged to follow “binding” precedents within their jurisdictions.  Courts should not overturn their own precedents without compelling reasons. 14 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Stare Decisis and Legal Stability.  Departures from Precedent.  In cases of “first impression” a court may refer to positive law, public policy, or widely held social values to craft the decision.  When There is No Precedent. 15 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Legal Reasoning: process used by judges in deciding what law applies, and then applying the law to specific circumstances and facts.   Basic Steps (IRAC format):  Key Facts and Issues.  16 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Basic Steps (continued):  Rules (What laws governs this matter?)  Application (How do the rules of law apply to these facts?)  Conclusion (Decision or Verdict) 17 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Forms of Legal Reasoning.  Deductive Reasoning: Makes use of syllogism, type of logical relationship involving a major premise and a minor premise.  Linear Reasoning: Proceeds from point to point, with the final point being the conclusion. 18 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Forms of Legal Reasoning (continued).  Reasoning by Analogy: Analysis that compares facts of present case with facts of similar previously-decided cases. 19 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Good arguments are made for different sides.  Judges have personal beliefs that can affect decisions.  Outcomes to lawsuits cannot be predicted with certainty. 20 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Common law governs transactions not covered by statutory law.  Courts interpret statutes.  Restatements of the Law.  Summarize the common law of most states.  American Law Institute. 21 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Natural Law School.   Positivist School.   Historical School.   Legal Realism.  22 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Adherents believe a higher or universal law exists that applies to all humanity, and all written laws should imitate these principles.  Laws contrary to natural law are “unjust” and need not be obeyed.  23 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Letter from the Birmingham Jail, April 16, “[T]here are two types of laws: just and unjust laws.... A just law is a man-made code that squares with the moral law.... An unjust law is a code that is out of harmony with the moral law.... An unjust law is a human law that is not rooted in eternal and natural law.” Letter from the Birmingham Jail, April 16, “[T]here are two types of laws: just and unjust laws.... A just law is a man-made code that squares with the moral law.... An unjust law is a code that is out of harmony with the moral law.... An unjust law is a human law that is not rooted in eternal and natural law.” 24 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Law is the supreme will of the State that applies only to the citizens of that nation at that time.  Law, and therefore rights and ethics, are not universal. Whether a law is “good” or “bad” is irrelevant. 25 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Emphasizes the evolutionary process of law.  Concentrates on the origins of the legal system.  Law derives its legitimacy and authority from standards that have withstood the test of time. 26 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Jurisprudence that holds law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social, economic, and contextual influences. 27 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Every type of law will be either:  Civil or Criminal.   Substantive or Procedural.   Public or Private. 28 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Substantive Law: defines or creates the rights and obligations of persons and governments.  Procedural Law: provides the steps one must follow in order to avail oneself of one’s legal rights or enforce another’s legal obligations. 29 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Civil Law: defines the rights between individuals or individuals and governments.  Criminal Law: defines an individual’s obligations to society as a whole. 30 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Not really a new type of law, but traditional law applied to online transactions.  Can apply to advertising, contracting, banking, court filings, employment relations, and other transactions. 31 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Citation: identifies a legal publication in which legal authority is found.  Finding Statutory Law and Administrative Law.  United States Code (USC).  State Codes.  Administrative Rules. 32 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Finding Case Law.  State Court Decisions.  Regional Reporters.  Case Citations.  Federal Court Decisions.  U.S. Supreme Court decisions are published by the federal government in United States Reports (U.S.). 33 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Legal cases are identified by a “legal citation” (or a “cite”) as the sample below: Singer v. Raemisch, 593 F.3d 529 (7 th Circuit, 2010). Title: First Party is Plaintiff, second party is Defendant. The parties are either italicized or underlined. 34 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Legal cases are identified by a “legal citation” (or a “cite”) as the sample below: Singer v. Raemisch, 593 F.3d 529 (7 th Circuit, 2010). The case is found in the Federal Reporters, the 3 rd Edition, Volume 593, page © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Legal cases are identified by a “legal citation” (or a “cite”) as the sample below: Singer v. Raemisch, 593 F.3d 529 (7 th Circuit, 2010). The case was decided by the United States Court of Appeals, for the Seventh Circuit, in © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.