1. Business Law Chapter One
Our Laws
p.5-17

2. Section 1-1 Goals Explain the stages of evolution of law
Describe the differences between common and positive law
Describe the differences between law courts and equity courts

3. Why People Have Laws

4. Hot Debate – Page 4 Who was at Fault?
What arguments would Donna’s Attorney present at the civil trial to determine who was negligent?
What arguments would Wilma’s attorney present?

5. Basic Terms Law Code Enforceable rules of conduct in a society
Reflect the culture and circumstances that create them
Code
Laws grouped into an organized form
Criminal, property, business, family, personal injury, labor laws

6. Stages in the Growth of Law
1. Individuals take revenge for wrongs done to them (personal revenge)
2 Someone will seize power (a.k.a. sovereigns) and develop solutions “Awards of money or goods” are substituted for revenge – or people are punished
3. Court systems are formed (elders/priests) to help Sovereigns
4. Sovereign uses Courts to prevent problems (issues laws) or punish wrongs

7. Common vs. Positive Common Law Example: Positive Law
Based on current standards or customs
Usually pronounced by judges
Used to settle disputes
Example:
Cigarettes
Positive Law
Dictated from above
Usually from a higher central authority figure
To prevent disputes before they happen
* Laws should be both predictable and flexible

8. English Common Law
In the beginning old fashioned barons acted as judges within their territories
Disputes were settled based on local customs and enforced by the barons
Because of this, laws of England differed from region to region thus causing hardship

9. English Common Law The Kings Court Example: Ox Cart Accident – Page 6
1150 by King Henry II
Developed to create consistency among regions
Appointed Judges
Good weather months judges would “ride circuit”
Bad weather months judges met in London to hear cases
Example: Ox Cart Accident – Page 6

10. English Common Law Kings Court Established: Jurisdiction- Jury-
The power to decide a case
Jury-
Panel of citizens, to interpret local customs
Unique to English Common Law
Precedent-
Use of prior cases as a guide for similar cases

11. English Common Law Injunction- Prohibits something from being done
Read what’s my verdict – Page 6

12. Quick Review Page 8 Think about legal concepts
Think critically about evidence

13. Levels of Government

14. What are the Sources of our Laws?
Constitutional Law
Statutes
Administrative
Case

15. Sources or 4 levels of laws
Constitutional law: law made when the fundamental, SUPREME law of the land is adopted, amended or interpreted
Deal with defining & allocating:
Power in our society
Power between people & government
Power between Federal & State Govts.
Power between Branches of Govt.

16. Constitutional Law Power between people & government Bill of Rights –
protects people
from actions of the
government
Freedom of Speech, Press, Religion and Petition
Right to keep and bear arms
Conditions for quarters of soldiers
Right of search and seizure regulated
Provisons concerning prosecution
Right to a speedy trial, witnesses, etc.
Right to a trial by jury
Excessive bail, cruel punishment
Rule of construction of Constitution
Rights of the States under Constitution

17. Constitutional Law Power between Federal & State Governments
Federal government regulates foreign & INTERSTATE commerce
State regulates INTRASTATE commerce

18. Constitutional Law Power among 3 branches of the government
Executive, Legislative & Judicial
System of checks & balances
Back to sources/levels of law

19. Sources or 4 levels of laws
The Federal Constitution created Congress
State Constitutions create State Legislatures
Laws created by these elected people are called STATUTES.
Statutes: laws enacted by state or federal legislatures (Congress or State legislature)
Cigarette Label
Affordable Care Act - Obamacare

20. Example Limits on Ivory Sales, Meant to Protect Elephants

21. State Statutes
A statute is a formal written enactment of a legislative authority that governs a STATE, city, or country. Typically, statutes command or prohibit something, or declare policy.
State Statute Activity

22. Sources or 4 levels of laws
States delegate to local governments
Their law are called Ordinances
Ordinance – legislation at the local level
Ie. Philadelphia is Hands Free
Back to sources/levels of law

23. Sources or 4 levels of laws
3. Administrative Regulations:
Federal, state & local legislatures create administrative agencies
These agencies form to CARRY OUT the laws
With limited power they can create rules or regulations
Examples:
County Zoning Commission
Pa Department of Transportation
Social Security Administration
Local
State
Federal
Back to sources/levels of law

24. 4 levels of law cont.
4. Case law: made when an appellate court endorses a rule to be used in deciding court cases
STARE DECISIS to adhere to decided cases – must follow established case law in deciding similar cases - a landmark decision that set a legal precedent.
Enacted by JUDICIAL branch
How to Read a Law Case

25. Basic Terms Constitution
A document that sets forth the framework of a government & its relationship to the people it governs

26. What Happens when Laws Conflict?
Any federal, state or local law that conflicts with the constitution is unconstitutional
That law is invalid
Turn to page 618 for some constitutional laws

27. Criminal Vs. Civil Law Criminal Law Civil Law
Define and set punishment for offences against society
Violates citizen’s right to live in peace
Civil Law
Define and set punishment for offences against individuals
Example: tenant refuses to pay rent; owner can sue
Crime- an offence against society

30. Criminal Vs. Civil Law What’s your verdict? Page 11 Criminal or Civil?
Both – running through a stop sign is a crime against society
- smashing into Bates is a civil offense

31. Law in the Media?? Read Karla Faye Tucker Case - P.12
Is execution ever justified as a punishment for crime?
Why? / Why not?

32. Procedural vs. Substantive
Examples
How and when police can arrest
How and when police can enter a property
Methods used in a trial
The right to a speedy trial for people accused of murder
The doctrine of Stare Decisis is a procedural law
Procedural
Deals with methods of enforcing legal rights and duties
Determine equitable remedies

33. Substantive Defines offences
Example, laws which define the various degrees of murder are substantive laws, Premeditated Murder vs. Manslaughter, vs Vehicular Homicide
The level of the crime is often connected to the mandatory sentencing
Defines rights and duties
Rules of conduct
Except enforcement
What to charge someone with – connects to punishment

34. Business Law
Covers rules that apply to business situations & transactions
Most occur between merchant and consumer
Concerned with Civil law
Torts
Private wrongs against people/organizations
Manufactures make defective products

35. Open One Note
Read Introduction to Civil Law
Complete Worksheet

36. Review what you know Think Critically page 13
#1 – 9 #
Your Legal Vocabulary page 14
#1 - 14

37. Partner Activity How to Read a Law Case Open Toub Shared Folder
Project #1 – Case Law

38. First time reading a case:

42. 2nd or 3rd time reading the case: