1. Business Law I
Introduction to Law

2. Why Study Law? Three Important Reasons
Law is powerful…
Affects all people, from CEO’s to children
Affects most of life, from work to leisure
Law is important…
But which is more important -- written law or the people who enforce it?
Law is fascinating…
Complex, but never just theoretical
Televised trials often draw a large audience

3. The Nature of Law Definition of Law
Law is a set of principles, rules, and standards of conduct that:
Have general application in the society
Have been developed by an authority for that society
Have an associated penalty imposed upon violations

4. The Nature of Law Functions of Law
Keeping the Peace
Enforcing standards of conduct and maintaining order
Facilitating planning
Promoting social justice

5. Sources of Our Law Today
United States Constitution -- Law of the Land
Establishes Congress, the Presidency and Courts
Gives to States powers not given to Federal government
Guarantees basic rights to all citizens
State Constitutions
Create State executive, legislative & judicial systems
Statutes -- passed by Federal & State governments
Common Law -- established by precedent, or earlier cases decided by courts
Administrative Law -- created by agencies
Other -- treaties and executive orders

6. Classifications of Law
Criminal Law
Civil Law
vs.
Dangerous behavior outlawed by society
Regulates rights and duties of parties

7. Criminal versus Civil Law
Criminal Case
Civil Case
Elements
Intentional violation of a statute
Harm to another person or property (tort) or breach of a contract
Actors
Prosecutor v. Defendant
(government) (accused)
Plaintiff v Defendant
(wronged (wrongful
party) party)
Outcome
Guilt is determined
Liability is determined
Punishment
Fines, imprisonment, execution
Defendant may have to pay the Plaintiff compensatory and punitive damages

8. Law and Morality
Owning slaves in Colonial America was legal, but this violates most people’s moral standards today.
Actions may be required by law, but immoral to some people.
LAW
Actions may be required by both
moral standards and the law.
Actions may be required by moral standards, but not required by law.
MORALITY
Drunk driving is both immoral and illegal.
Helping a hurt person is required by moral standards, but is not mandated by the law.

9. Case Analysis QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST
65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677
California Court of Appeal, 1998
Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an “error of the mind” and discourages the use of traditional medicine. Members of the faith…
Issue: Did the defendants have a duty to summon medical help for Andrew?
Excerpts from Judge Bedsworth’s Decision: [The judge began by mentioning an earlier California case, in which the state’s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control...
PLAINTIFF: the party who is suing
FACTS: background information on the case
DEFENDANT: the party being sued
LEGAL CITATION: where to find the case in a law library
ISSUE: the question being decided
Where and when the case was decided.
EXERPTS: the decision -- also called the holding -- and the court’s rationale

10. Case Analysis Example
Kuehn v. Pub Zone, Superior Court of New Jersey, Appellate Division, 2003.
Facts
Issue
Decision
Reasoning

11. Case Analysis Example You Be the Judge -
James v. Meow Media, 300 F.3d 683, Sixth Circuit Court of Appeals, 2002
Facts
Issue
Arguments
Decision?
Lower court
ruling AFFIRMED

12. Quiz Matching Questions
Statute
Administrative Agencies
Common law
Stare decisis
US Constitution
1.  Law created by judges.
2.  Let the decision stand.
3.  A law passed by Congress or a state legislature.
4.  The supreme law of the land.
5.  The IRS, FCC, FTC.

13. Quiz True/False Questions
The idea that current cases must be decided based on earlier cases is called legal positivism.
Civil lawsuits are brought to court by the injured party, but criminal cases must be prosecuted by the government.
Congress established the federal government by passing a series of statutes.
The federal government has three branches: executive, legislative, and administrative.
Law is different from morality, but the two are closely linked. T F F T

14. End of Introduction to Law