MGMT 211 Lecture 1 Outline of Current Lecture I Chapter One a Introduction b Definition of Law c Sources of Law d Classifications of Law II Beginning overview of Chapter 2 Current Lecture I Chapter One a Introduction i What are the 2 major roles of law in the business world 1 Dispute resolution role a MAJOR most focused on b Settles differences between 2 more parties civil cases if one party sues another etc 2 Regulatory role a Even if you open your own business you aren t really your own boss b Government interference with private business the government tells you what to do i Creates a political argument 1 Republicans want less government regulation 2 Democrats want more government regulation c The goal of government interference is to direct and standardize business activities in order to improve society b Law definition i Sort of grey area an action may or may not be ok ii Grey area makes it hard to define 1 Abstract term 2 Means different things to different people at different times a What you find to be acceptable may not be acceptable to another person and vice versa iii Best description law collection of rules deciding how the government will treat its citizens and how citizens will great the government and other citizens as well as enforcement of the rules 1 Without enforcement the law serves no purpose 2 Enforcement i e police leads to a Stability if you have a break in you call the police because you trust them to protect and defend you b Predictability while driving you know where the cops are usually parked and therefore where it is important to go the speed limit i Also predictable bias 1 Especially against young people an officer is more likely to ticket a college student than a college professor 2 Also girls get away with more than guys c Sources of Law where did they come from i Constitutional Law 1 The 1 source if a law is not Constitutional it cannot stand 2 Therefore it is the most important source of law 3 Supreme Law of the land if it is between federal and state law the federal will win out 4 Derived from the U S Constitution ii Legislative 1 Statutory the laws written by the legislature Congress a Example what is murder An exact definition is given 2 Congress passes laws in accordance with the Constitution 3 The Constitution gives Congress certain powers a Called enumerated powers basically they are specific powers iii Executive aka President 1 Executive orders law by the residing President to control the policies of the executive branch a Example Lyndon Johnson order 11246 b Controls federal and state agencies therefore it indirectly affects citizens no direct effect 2 Power to veto a When a bill goes to the President for approval he she can either accept or reject it i Example George H W Bush instead of veto ing every bill created by his Democratic Congress worked with them and compromised 3 Controls executive branch agencies and bureaus a Oversees their spending b Appoints their leaders 4 Appoints judges a Huge impact on a President s legacy judges serve a life term b Approved by the Senate i Court of public opinion tool of minorities to persuade who is nominated and selected iv Judiciary 1 Introduction a Interpretation of laws can completely rewrite them b Apply enforce the law c Can create new law i Court cases 2 Common Law a Based on the cases i Cases are tried in appellate court which creates precedence predictability and stability b Not Statutory not previously written down c Stare Decisis follow previously decided cases unless courts determine a good legal reason to change i They should but don t have to d When courts follow stare decisis it sets precedent 3 Judicial Review a Power of the Courts to declare an act of Congress President unconstitutional or not b Should a Supreme Court judge candidate claim to judicially active or passive i Be passive at least initially ii You won t get voted in if you claim to be active wait until after you re voted in iii Exceptions to being active 1 Example Chief Justice John Roberts a conservative voted in favor of liberal Obamacare a Passive decision abnormal c Marbury v Madison 1803 power of judicial review assumed by Supreme Court i Feds Pro Constitution ii Anti Feds Anti Constitution 1 Anti Fed leader Thomas Jefferson huge voice iii Marbury appointed Justice of Peace during Adams term was not re given his appointment when Jefferson took office iv Marbury wanted commission documents Sec of State Madison refused went to Supreme Court 1 Justice John Marshall Father of the Supreme Court a Was Judiciary Act of 1789 power to Supreme Court constitutional i Not constitutional gave more power to Courts than meant beyond jurisdiction ii Therefore Courts couldn t force Madison to give up papers v Gave Supreme Court HUGE power 1 This is where judicial review was established d Other examples i Nixon when ordered to turn over Watergate tapes he used his Executive Privilege and declined 1 Court Executive Privilege does not exist ii Reagan While at his 2nd Convention in Dallas 1 Protestor burned American flag arrested for violating a Texas law that prohibits it 2 When it got to S C ruled unconstitutional for being too restrictive on 1st amendment rights 3 Case Texas v Johnson 1989 d Classification of Laws i Federal vs State 1 Federal national government a national courthouse b Constitution Congress President Regulatory agencies create federal law 2 State vast amount done at this level a Law varies from state to state i Texas Spanish law ii Louisiana French law 1 Napoleonic Code iii Mississippi English law b Attempt to make states more unified c States testing ground for national laws ii iii iv v i If it works well in one state national gov will steal it and attempt to apply it to all d Includes municipal ordinances state legislators state regulatory agencies county government Public v Private Law 1 Public the government is involved a Example Texas vs You court case i Also College Station vs You 2 Private between individuals no government involvement Criminal v Civil law 1 Criminal always public in an effort to protect a Purpose of criminal law punishment b Law used is exclusively statutory 2 Civil government can be involved not always public knowledge a Purpose reimburse those who have been wronged 3 Same facts can give rise to both civil and criminal cases a Example DWI Case i Criminal based on law you will be punished in some manner for driving while drunk ii Civil your victim victim s family may sue you for the loss