Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Intro to Business Law Chapter 1, Lecture notes of Business Systems

Intro chapter to Intro to Business Law

Typology: Lecture notes

2016/2017

Uploaded on 10/08/2017

nparisano
nparisano 🇺🇸

4

(8)

2 documents

1 / 2

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
Chapter 1
Law – the order or pattern of rules that society establishes to govern the conduct of individuals + the
relationships among others (Keep society running smoothly)
Right – legal capacity to require another person to perform or refrain from an action.
Duty – an obligation of law imposed on a person to perform or refrain from performing a certain act.
** Duties and right coexist
** They are complimentary to one another
1. Individual Rights
Given in the constitution
Every right goes hand in hand with a duty
Ex. Freedom of speech (right) don’t harm others by yelling fire (duty)
Rights can’t be taken away/ violated by any statutes, ordinances, or court decisions
Provide framework for government + other laws
2. Right of Privacy
Right to be secure against unreasonable search and seizures by gov.
4rth amendment
Police can’t search your house unless their suspicions is supported by a warrant.
Protects individuals against intrusions by others.
Roe vs. Wade
Gives the woman a choice whether or not to have an abortion
3. Privacy and Technology
Unlawful to listen in on phone calls
Employers check social media to be carful
Unlawful privacy of technology no warrant
Lawful, out in the open not secured, don’t need a warrant
4. Constitutional law
Based on the constitution
Constitution – a body of principles that establishes the structure of a government and the relationship of
the government to the people who are governed
Documents + customs through time
State + Fed constitution
5. Statutory Law
Legislative acts declaring commanding or prohibiting something
Congress n state legislatures
Different acts (congress), transfer title property, govern corp creation (State)
Subdivisions (traffic Laws, licensing laws)
6. Administrative Laws
Administrative regulations – rules made by state n fed admin agencies
Department of labor (wages over time)
7. Private Law
The rules n regulations parties agree to as part of their conational relationship
Landlords + tenants, employers + employees.
pf2

Partial preview of the text

Download Intro to Business Law Chapter 1 and more Lecture notes Business Systems in PDF only on Docsity!

Chapter 1 Law – the order or pattern of rules that society establishes to govern the conduct of individuals + the relationships among others (Keep society running smoothly) Right – legal capacity to require another person to perform or refrain from an action. Duty – an obligation of law imposed on a person to perform or refrain from performing a certain act. ** Duties and right coexist ** They are complimentary to one another

  1. Individual Rights
    • Given in the constitution
    • Every right goes hand in hand with a duty Ex. Freedom of speech (right) don’t harm others by yelling fire (duty)
    • Rights can’t be taken away/ violated by any statutes, ordinances, or court decisions
    • Provide framework for government + other laws
  2. Right of Privacy
    • Right to be secure against unreasonable search and seizures by gov.
      • 4rth amendment
      • Police can’t search your house unless their suspicions is supported by a warrant.
    • Protects individuals against intrusions by others.
      • Roe vs. Wade ■ Gives the woman a choice whether or not to have an abortion
  3. Privacy and Technology
    • Unlawful to listen in on phone calls
    • Employers check social media to be carful
    • Unlawful privacy of technology no warrant
    • Lawful, out in the open not secured, don’t need a warrant
  4. Constitutional law
    • Based on the constitution Constitution – a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed
    • Documents + customs through time
    • State + Fed constitution
  5. Statutory Law
    • Legislative acts declaring commanding or prohibiting something
    • Congress n state legislatures
    • Different acts (congress), transfer title property, govern corp creation (State)
    • Subdivisions (traffic Laws, licensing laws)
  6. Administrative Laws
    • Administrative regulations – rules made by state n fed admin agencies
    • Department of labor (wages over time)
  7. Private Law
    • The rules n regulations parties agree to as part of their conational relationship
    • Landlords + tenants, employers + employees.
  1. Case law, Statutory Interpretation + Precedent Case Law = principles are expressed for the first time in court decisions
    • Clarifies meaning of statute/providing statutory interpretation
      • House arrests, left house, court said he needs to be in the house for the time to count
    • Create precedents – court decision that stands as the law for the particular problem in the future Stare decisions – “let the decision stand”; decision of the court should be saved as a guide or precedent + control the decision of a similar case in the future. (Can be overturned)
  • Address long standing issues. Common law – body if unwritten principles originally based on usages/customs of the community that were recognized + enforced by the courts Relationship between case and common law
  1. Other forms of law Treaties + executives orders

10 Uniform State Laws Representatives from every state draft statutes

  • Uniform commercial codes regulations sale + lease of goods, commercial paper n letter of credit

Classification of Law

  1. Substantive vs. Procedural S Law – creates, defines n regulates liabilities (determines when contact is made) P Law – states what must be followed in enacting right /liabilities
  2. Criminal Law + Civil (Tort) Law Crime – wrongs against society Civ – wrongs against citizens

14 Law vs. Equity Equity – body of law that provides justice when the law does not offer an adequate remedy or application of the law would be terribly unfair.