1. Introduction to Law – Chapter 1
Business Law
Introduction to Law –
Chapter 1

2. Objectives Explain the stages in the evolution of law
Describe the differences between common law and positive law
Describe the difference between law courts and equity courts

3. HOT DEBATE!!! Let’s see how much you ALREADY know!
Read and discuss the Hot Debate on page 4 with a partner. Be prepared to discuss your answer.
You have 5 minutes!

4. 1. WHAT IS LAW??? Laws: enforceable rules of conduct in a society
Reflect the culture and circumstances that create them
Code: laws are grouped into organized form
King of Babylon 4000 years ago Code of Hammurabi – SAME law principles

5. 2. Stages of Growth of Law: How Legal Systems are Formed
Individuals take revenge for wrongs done to them
Awards of money or goods are substituted for revenge
Court systems are formed  to hear the injured
A central authority figure intervenes to prevent and punish wrongs issues laws

6. Stage 1: Taking Revenge Injuries sustained call for personal revenge
Usually disrupt the people’s normal routine and result in harm to innocent bystanders
Often results in one individual seizing power and exerting control to restore peace to the society
Still prevalent in gangs

7. Stage 2: Awarding $$
Sovereign – the powerful person from Stage 1 then goes on to award money or goods as a substitute for revenge

8. Stage 3: Forming Courts
Elders or priests generally preside over these courts
Sovereign presides over the most important cases

9. Stage 4: Prevention The sovereign:
Uses the courts to prevent problems from arising
Issues laws to punish behaviors that injure others

10. 3. Common Law vs. Positive Law
Reflects the wisdom, or lack thereof, of their creators
Should be: predictable and flexible
Laws based on current standards or customs of the people
Positive law:
Laws dictated by central authority to prevent disputes and wrongs
Very inflexible

11. 4. World’s Greatest 2 Systems of Law
English Common Law
The US follows this type (except LA)
Jurisdiction evolved: the power to decide a case
‘Uniform and consistent’
Roman Civil Law
LA uses
Individual attention

12. 5. Equity: An Alternative to Common Law
Common laws follow precedent (use prior cases to help determine new cases).
Disadvantage of common law: you had to wait until injury actually occurred to take legal action
Equity Law (meaning FAIR): You can take legal action to prevent wrongdoings
Injunction – an order that prohibits something from being done

13. Think about it… Why do societies need laws and courts?
Laws - To protect individuals and settle disputes between individuals
Courts - settle disputes, award damages, prevent/punish wrongs

14. Think about it… Differences between law courts and equity courts
Law courts follow precedents AFTER an injury has occurred
Equity courts follow precedents but can also issue injunctions to stop actions in order to PREVENT harm from being done.

15. Quick Content Check!
List the 4 stages of how the legal system evolved.
What are some differences between common law and positive law?
Describe the difference between law courts and equity courts.

16. TO DO LIST: Page 8: Questions, 1, 2, 4, 6, 7, 8 Stages of Law Cartoon
Create a cartoon strip depicting the FOUR stages of growth of law.
Use paper, pencils, markers or technology provided.
Your cartoon strip MUST include AT LEAST 4 slides
Make sure to accurately represent EACH stage of growth!!!

17. Lesson 1-2 Objectives
Explain how constitutional, statutory, case, and administrative laws are created
Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws
Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law

18. Hierarchy of Law Constitutions Statutes Administrative Regulations
Cases

19. 6. Constitutions
Constitutional law: when constitutions are adopted or amended or when the courts interpret the Constitution
A constitution is a document that sets forth the framework of a gov. and the relationship to people it governs
US Constitution and state constitutions allocate powers between:
People and their government – Bill of Rights
State and federal government – regulate foreign and interstate business
Three branches of government – maintain balance of power

20. Types of Laws
What types of laws do you follow on a daily basis?

21. Statutes: laws enacted by state and federal legislatures
Give 3 examples!
Ordinance: legislation at the local level

22. Administrative Agencies:
Governmental bodies formed to carry out particular laws
EPA, Social Security Administration, IRS, DMV
Creates rules and regulations
Supervised by the governor, mayor, or president

23. In This Case, page 10 Case law
Usually made after a trial has ended and one of the parties has appealed the result to a higher court (but the Supreme Court can change its mind later!)
Appellate court (court that hears the appeal) publishes its opinion on the case used in future similar court cases
Stare decisis: legal doctrine that requires lower courts must follow established case law in deciding similar cases
In This Case, page 10

24. 7. What Happens When Laws Conflict?
Laws made by different levels of government may conflict
Constitutions and Validity:
Supreme law of the land nothing may conflict with it
Unconstitutional: law is invalid because it conflicts with constitution
Statutes and validity
MUST be constitutional
Must NOT conflict with higher level of gov

25. 8. Statutes and Validity
Are either of the following examples legal/valid?:
A city enacted a law making it illegal to sell gasoline for more than $1/gallon.
A city enacted a law making the death penalty mandatory for persons who commit murder within the city limits.

26. 9. Law and Validity
Courts are NOT the final authority on effect of statutes
Legislative bodies can nullify a court’s interpretation by abolishing or rewriting it
People have power to amend constitution
16th amendment income taxes
21st amendment repeal of prohibition

27. What are the main types of laws?
READ: What’s your verdict, pg 11

28. 10. Criminal vs. Civil Laws:
Civil laws: group of laws that redress wrongs against individual persons / property
When private legal rights or property of an individual are violated
defendant loses liable (must compensate)
Criminal Law: when citizen’s right to live in peace is violated
Crime: offense against society
Acting in the name of the people, gov investigates wrongdoing and will prosecute
Loss = Conviction
Crime may be both civil and criminal
 OJ Simpson

29. According to the FBI (2011)

30. School violence - http://youthviolence. edschool. virginia
Which school has the most bullying in it?
Which school is most likely to have gang activity?
Which school has the most colt or extremist activity?
Which gender is more likely to bring a gun to school?

31. Percentage of students in grades 9-12 who reported carrying a weapon at least 1 day during the previous 30 days, by location and sex: Various years,

32. The U.S. is world’s leading incarcerator
U.S. rate of incarceration of 941 inmates per 100,000 population record high
The U.S. now locks up its citizens at a rate SIGNIFICANTLY higher than that of other industrialized nations
For every 100,000 population:
139 in England/Wales
116 in Canada
91 in Germany
85 in France

33. 11. Procedural vs. Substantive Laws:
Procedural law: deals with methods of enforcing legal rights and duties
Specify how and when police can make arrests and what methods can be used in trial
Determine equitable remedies
Examples
Substantive law: defines YOUR rights and duties
All rules of conduct for citizens
Defines offenses murder, theft, vehicular homicide, breach of contract, negligence

34. 12. Business Law: Covers all business situations and transactions
Most business transactions involve merchant and consumer
Concerned mostly with civil law, especially contracts
Tort: unintentional violation of another person’s rights, usually due to negligence. This is a form of civil offenses and damages can be recovered.
May also be governed by criminal law
Laws vary from state to state must be constitutional
Uniformity is becoming more and more important!!!

35. TO DO LIST: Questions 1-14, pg 13
FINISH Stages of Law Cartoons / Worksheet
Ch 1-1 quiz tomorrow
Ch 1-2 quiz Monday
TEST TUESDAY

36. Ch 1-2 Review: Review/Re-read: ‘Concepts in Brief’, pg 14
Complete: Vocab, pg 14
Ch 1-2 Review sheet AND
Answer questions: 16, 19, 20, 22, 27, 29, 31, 32, 33 – pg 15-16