B USINESS L AW Unit 1-2

S OURCE OF R ULES Answer on a separate piece of paper the following questions. Why do we have rules? What are the rules at school? What are the rules at home? What are the sources of both? Does it differ?

S OURCES OF L AWS Constitution -written frame of government and the relationship to people U.S. Constitution is the supreme law of the land

S OURCE OF L AWS 1. Constitution A. Allocates power between people to government “Bill of Rights” 1 st 10 Amendments Protects citizens from the actions of government

S OURCE OF L AWS 1. Constitution B. Allocates power between federal government and state government Federal government regulates foreign and interstate trade. States regulate their own intrastate trade.

S OURCE OF L AWS 1. Constitution C. Allocates power among branches of government Allows the three branches-legislation, judicial and executive to work in conjuncture with each other with none having more power. Homeland Security?? Ease dropping??

S OURCES OF L AWS 2. Statues -are the items that are created by elected official (federal/state/city/county) These people create laws that must be followed by the people Ordinances are created by city/county government.

S OURCE OF L AWS 3. Case Laws -are used after a trial has ended and the items have been appealed to the appellate court. Base of previous cases that are similar.

S OURCES OF L AWS 4. Administrative Regulations- government agencies that are given authority to act by the government. They set their own rules and regulations. EX. Social Security Administration, Secretary of State, Zoning Commissions

S OURCES OF L AWS All of the sources are not the ultimate authority-checks and balances exist. Ex. Appellate Courts, Amendments to Constitution, and appeal to Supreme Court.

M AIN T YPES OF L AWS 1. Civil -legal rights of an individual are violated-no police action EX. Sue a tenant for lack of payment of rent.

M AIN TYPES OF L AWS 2. Criminal-commit a crime against society Results: fines, imprisonment and in some states execution

M AIN TYPES OF L AWS 3. Procedural-rules for how laws are enforced Ex. “Miranda Rights” Substantive-defines rights and duties Ex. Defines-1 st Degree Murder, 2 nd Degree

M AIN TYPES OF L AWS 4. Business -rules for how business transactions are accomplished and how they are enforced Ex. Mostly Civil Contracts Ex. Torts-warranty claims for manufacturers UCC (Uniform Commercial Code) a widely adopted uniform of business laws.