1. ©2002 by West Legal Studies in Business A Division of Thomson Learning Chapter 1 Sources of Business Law and the Global Legal Environment

2. ©2002 by West Legal Studies in Business A Division of Thomson Learning 2 The Nature of Law  Aristotle: “citizens of a state will do justice to one another.”  Plato: law is a form of social control.  Blackstone: “rule of civil conduct prescribed by state.”

3. ©2002 by West Legal Studies in Business A Division of Thomson Learning 3 The Common Law Tradition  Early English Courts of Law  Stare Decisis: “stand on decided cases.” –Departures From Precedent. Brown v. Board of Education (1954). –When There is No Precedent: use persuasive authorities.

4. ©2002 by West Legal Studies in Business A Division of Thomson Learning 4 Equitable Remedies and Courts of Equity  Legal Remedy: means to compensate plaintiff for violation of a right.  Equitable Remedy: based on equity and fair dealing.  Today: merger of law and equity.

5. ©2002 by West Legal Studies in Business A Division of Thomson Learning 5 Sources of American Law  Constitutional Law  Statutory Law –Federal Statutes –State and Local Statutes –Uniform Laws –Uniform Commercial Code

6. ©2002 by West Legal Studies in Business A Division of Thomson Learning 6 Administrative Law  Administrative law: the rules, orders and decisions of administrative agencies.  Types of Agencies –Executive Agencies –Independent Regulatory Agencies

7. ©2002 by West Legal Studies in Business A Division of Thomson Learning 7 Case Law and Common Law Doctrines  Common Law: doctrines and principles of case law not covered by statutory law.  Relationship Between Common Law and Statutory Law.  Restatements of the Law.

8. ©2002 by West Legal Studies in Business A Division of Thomson Learning 8 Classifications of Law  Substantive Law: laws dealing with rights and duties.  Procedural Law: methods of enforcing rights.  Civil vs. Criminal Law. –Civil: private injury –Criminal: injury against society.

9. ©2002 by West Legal Studies in Business A Division of Thomson Learning 9  National Law: varies from country to country.  International Law: –Written and unwritten laws –Treaties –International Organizations Classifications of Law

10. ©2002 by West Legal Studies in Business A Division of Thomson Learning 10 The Constitution  The Commerce Clause –Breadth of the Commerce Clause Case 1.1 Heart of Atlanta Motel vs. United States (1964). –State Regulatory Powers Case 1.2 Goodenow v. City Council of Maquoketa (1998).

11. ©2002 by West Legal Studies in Business A Division of Thomson Learning 11  First Amendment-Freedom of Speech –Symbolic Speech –Corporate Political Speech –Commercial Speech-Advertising –Case 1.3 Bad Frog v. NY State Liquor Auth. (1998). –Unprotected Speech The Constitution

12. ©2002 by West Legal Studies in Business A Division of Thomson Learning 12  First Amendment-Freedom of Religion –Due Process –Procedural Due Process –Substantive Due Process The Constitution

13. ©2002 by West Legal Studies in Business A Division of Thomson Learning 13 Reading and Analyzing Case Law  Finding Statutory and Administrative Law  Finding Case Law –Federal Court Decisions –State Court Decisions –Unpublished Opinions

14. ©2002 by West Legal Studies in Business A Division of Thomson Learning 14 Reading & Understanding Case Law Legal cases are identified by a legal citation (or a “cite”) as the example below: Bragdon v. Abbott, 524 U.S. 624 (1998).