LSB 3213 1st Edition Lecture 2 Recap from Lecture 1 Legal arguments Not memorizing laws Universal morality vs practical outcomes Marijuana laws in Colorado Drifting in a lifeboat Lecture 2 Notes Natural Law Certain universal norms that apply to human beings Don t lie be kind human rights etc Seen in International Criminal Court war crimes not universally right Positive Law Only care about what the law book says Is it against the law illegal If not it is legal ok Almost opposite of natural law Historical Approach Look at history to see how things were dealt with in the past to make legal decisions Legal Realism Look at political situation and find solution using whichever means we want or have at our disposal Tesla example Ford model that wants to change the normal business model of selling cars cars sold directly from manufacturer to dealer who then sells to customers Ford s business model Laws mirror Ford s business model Tesla s business model Tesla decides to set up attractive store fronts order car and have the car shipped to the customer s door Dealers said that it is against the law that states that auto manufacturers have to sell through a dealer and can t sell direct to the customer Tesla s Lawyer Law cars may only be sold through a dealer not direct from the manufacturer Example arguments These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Natural Law changing a law won t hurt anyone equality fairness not followed for Tesla when compared to other companies like Apple this violates Tesla s freedom to sell cars the way they want to Positive Law Tesla respects the law can make dealership just for Tesla and cut out middle man Tesla just has a show room that gives customers a way to see the product then they can purchase on their own loophole define Tesla as something other than a car law doesn t apply to electrically powered vehicles Historical Approach other industries have been successful in the past in selling direct to customers the purpose of the law is to protect dealers this doesn t apply to Tesla Legal Realism economically no competition with other places selling Tesla the law needs to be changed due to advances in technology and industry providing product to satisfied customers no negative effects on other automobile companies helping the environment electric cars Hierarchy of Laws Constitution Statutes Regulations Admin Broad Specific Example the Constitution states that the government can give inventors exclusive rights to their inventions for a limited time Statutes state that copyright lasts 70 years after the life of the inventor the Trademark is protected forever Regulation creates a trademark office to administer trademarks etc Lower level cannot rank above a higher level Federal and state systems State mirrors federal statutes laws federal ranks above state always Federal vs state constitution vs statutes Hierarchy of Courts Supreme court Appeals courts Trial courts Trial court obey appeals courts which obey Supreme Court Federal court system State court systems Very similar to Federal Hierarchy Court Awards Civil claims not criminal claims Damages money Equitable Remedies equal money Specific Performance sue and ask someone to do something or perform an act ex make someone abide by to a contract Injunction want someone to stop ex don t let the state sell logging rights on forest near your property Common Law Common law vs civil law systems Civil law based on statutory regulations and law then the judge s decision Common law based on the judge s previous decisions Judges interpret laws to resolve disputes Case law becomes binding precedent Legal Arguments stare decisis unless there s a compelling reason not to follow precedent Four schools of legal philosophy This semester s goal Learn legal reasoning for business decisions Compare and Contrast Four Legal Philosophies Terminology A Judge Made Law Common Law System Civil Law Federal Law Damages Substantive Law Terminology B Statutory Law Civil Law System Criminal Law State Law Equitable Remedies Procedural Law