The law will never make men free it is men that have to make the law free Henry David Thoreau Created by Pamela S Evers Assoc Prof UNCW for Educational Purposes 2001 w updates each semester Business law concerns the regulation of commerce trade in goods capital markets and labor market interrelationship between business society Business law is dispute prevention and resolution Business Organization and Regulation Business forms Regulatory authority of government over business Fundamentals of Business Law Torts Contracts Property Real Personal Intellectual Business Operations Law Employment Law Law of Agency Environmental Law International Law Securities Antitrust There is no Book of Law Rather law is a set of principles derived over time and from numerous sources Law is not stable but changes as society changes Law and justice are not necessarily equivalent terms Common Law system based upon English Common Law History of the Bench and Bar Law is the body of principles that govern conduct and can be enforced in courts or by administrative agencies of government Developed over time within the context of culture and dominant philosophies Legal positivism law is command of recognized political authority Natural law universal moral rules bind all people whether written or unwritten Legal Realism law seen as the behavior of the judiciary as they rule on matters in legal system Natural or Human Rights e g right to life environmental health and safety right to personal and intellectual freedom Set forth in U N Declaration of Human Rights Constitutional Rights e g right to privacy freedom of speech right to counsel freedom of assembly Constitutional law federal tribal state U S Constitution Statutory law federal tribal state county municipality E g Clean Air Act Hopi Tribal Laws Administrative regulations rules Case law i e doctrine of stare decisis Uniform codes e g UCC Treaties international indigenous nations E g NAFTA Customary law int l tribal International Court rulings E g Int l Court of Justice World Trade Organization Conventions e g UNCLOS Amistad opinion based in part on customary law Law Surrounds Us Criminal regulates behavior that threatens society Prosecutor charges defendant with crime penalties may include imprisonment or monetary fines Civil regulates rights and duties between parties Plaintiff claims defendant violated civil law and is liable to plaintiff for damages Substantive creates defines regulates rights responsibilities A person may not commit intentional misrepresentation or fraud Procedural the steps to follow to enforce legal rights and responsibilities A person who has been defrauded may file a civil lawsuit against the person believed to have committed such fraud Substantive puzzle pieces Procedural how pieces fit together Article 1A Dangerous Dogs 67 4 3 Penalty for attacks by dangerous dogs The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars 100 00 shall be guilty of a Class 1 misdemeanor 1989 Reg Sess 1990 c 1023 1993 c 539 s 533 1994 Ex Sess c 24 s 14 c Each year 800 000 dog bite victims require medical care avg hospital stay for dog bite care is 3 5 days Chapter 99A Civil Remedies for Criminal Actions 99A 1 Recovery of damages for interference with property rights Notwithstanding any other provisions of the General Statutes of North Carolina when personal property is wrongfully taken and carried away from the owner or person in lawful possession of such property without his consent a right of action arises for recovery of actual and punitive damages Court or Judicial System Non governmental or Alternate Dispute Resolution Methods e g mini trials arbitration mediation rent a judge Administrative Agency Procedures Case Title and Citation provides info re parties and the court reviewing the case Facts provide background to the dispute here a premises liability case Osborne v Stages Music Hall Inc 312 Ill App 3d 141 726 N E 2d 728 2000 Ill App LEXIS 157 The Issue tells you what the court had to decide Did defendant have a duty to protect Osborne from Trujillo s attack Judge s Decision Discusses applicable law Basis for review Legal precedent Applies law to facts Provides reasoning or rationale for decision Law Duty arises with foreseeabilty Facts Attack reasonably foreseeable Conclusion Legal duty to protect patrons from attack Judge s Decision Decision or holding Procedural points affirm reverse remand Decision Trial court erred in directing verdict for defendants Trial court ruling reversed case remanded new trial Plain meaning rule court applies statute according to usual meaning of the words E g Hyatt v Anoka Police Department Legislative history and purpose reviewed when plain meaning rule is inadequate E g What is meant by a prohibition against discrimination because of an individual s age General Dynamics Land Systems Inc v Cline Courts may interpret a statute in light of a general public purpose or public policy Courts follow prior interpretation of a statute precedent to promote consistency Maxims may be used to assist in statutory interpretation When general words follow specific words general words are limited to same things as specific words E g autos other vehicles doesn t include trains Courts limited to deciding or controversies existing cases Dispute must be current and not yet resolved Parties must have standing direct interest in the outcome to sue Whales for example do not have legal standing The Cetacean Community v Bush 386 F 3d 1169 9th Cir 2004 True A False B The Constitution statutes and case law are sources of law in the United States Agency regulations presidential orders and treaties are sources of law in the United States Stare decisis refers to the doctrine of equity A criminal procedural statute declares what type of action is unlawful True A False B Civil law establishes the duties an individual has to keeping a civil society Substantive law establishes how to enforce the rights and duties of people in society Jurisprudence refers to the philosophy of law as well as the collection of laws Courts may decide potential or future cases or controversies Multiple Choice The plain meaning rule means that the court applies a statute a according to the unique or special meaning of words b according to usual meaning of the words c according to public policy and legislative purpose Multiple Choice Courts are a Limited to hearing existing cases or
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