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O-K-State LSB 3213 - Natural Law
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LSB 3213 1st Edition Lecture 2Recap from Lecture 1 • Legal arguments. Not memorizing laws.• Universal morality vs. practical outcomes• Marijuana laws in Colorado• Drifting in a lifeboatLecture 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 carsHierarchy 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. statutesHierarchy 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 HierarchyCourt 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 propertyCommon 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 decisionsCompare and Contrast Four Legal PhilosophiesTerminology A Terminology BJudge Made Law Statutory LawCommon Law System Civil Law SystemCivil Law Criminal LawFederal Law State LawDamages ($) Equitable RemediesSubstantive Law Procedural


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