Created by Pamela S. Evers, Assoc. Prof., UNCW, for Educational Purposes © 2001 (w/updates each semester)The law will never make men free, it is men that have to make the law free.Henry David Thoreau 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 notnecessarilyequivalent terms “Common” Law system based upon English Common Law History of the Bench and Bar Law is the body of principles that govern conduct andcan 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 lawLaw Surrounds Us!Criminal: regulates behavior that threatens society Prosecutor charges defendant with crime; penalties may include imprisonment or monetary finesCivil: regulates rights and duties between parties Plaintiff claims defendant violated civil law and is liable to plaintiff for damagesSubstantive: 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 caseOsborne 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 decideDid 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 decisionLaw: Duty arises with foreseeabiltyFacts: Attack reasonably foreseeableConclusion: Legal duty to protect patrons from attack Judge’s Decision Decision or holding Procedural points affirm, reverse, remandDecision: Trial court erred in directing verdict for defendantsTrial 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 purposereviewed 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 purposeor public policy Courts follow prior interpretationof a statute (precedent) to promote consistencyMaximsmay 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 existing cases or controversies 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 standingThe 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 unlawfulTrue=A, False = B Civil law
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