Chapter 1 Business and law intersect Law is enforceable rules governing relationships between individuals and individuals among society Sources of law in a hierarchy Supreme among the land Constitutional law Triumphs every other types of law Distributes power to the branches Any law conflicts with it are invalid Federal and state constitutions Statutory Law Federal statutes are enacted by congress State laws passed by legislature o State laws vary from one state to another o No state statute or local ordinance can violate the US constitution or state const o Ordinances are passed by cities Uniform laws between states National conference on uniform state laws formed in 1892 for trading Any state can either accept or reject a uniform law State accepts the law it becomes apart of their statutory law of that state o They also the right to edit them Earliest uniform law uniform negotiable instr Law 1896 o Adapted by every state by 1920s o Most ambitious one is the uniform commercial code Code that is created by experts and adapted at the option of the state Uniform Commercial Code legislature Administrative law Rules and regulations are administered by agencies Federal state or local AGENCIES Federal Agencies o Cabinet dept of exec branch include executive agencies o Authority to the president who has the power to appoint remove their officers ex fda health and safety o Independent regulat Agencies president has less power o Ex federal trade comm securities exchange comm Derive their authority from legislature and executive branch of gov Case Law Courts specific interpretation of the constitution statutory laws and administrative laws Apart of common law tradition Governs all areas not covered by statutes Common Law System Broader than case law Used as a guide to intent and find purpose of a statute Based on decisions judges make decisions involves the application of principles applied earlier in similar cases US states follows this system except for Louisiana Inherited English tradition of laws and rules o Two courts in England equity and courts of law United States Constitution State Constitutions federal state legislation house of rep and senate w signature from the president would become a law Remedies at Law and Equity courts grant equitable remedy only is remedy at law is inadequate both can be granted however Remedy at law where there are monetary awards Remedy at Equity needs specific performance ex Injunctions o Jury trial is available o Guided by equitable maxims o Recission Two key doctrines in common law system 1 Doctrine of Stare Decisis a Part of common law that makes it judge made law b Doctrine of judicial review courts can review congress and legislature decisions and declare then constitutional or not i Marbury vs Madison supreme court 1803 decided court authority to rule over cases Identical facts would give binding authority c Only looks at higher rank courts and similar facts d e Translates stand by the decision f Creates a stable uniform and predictable court system g Judges can determine to depart from precedent i Social changes ii Technological changes iii Ruling decision is simply incorrect iv Business changes h If it s the first case of precedent look at i Values of society ii Scientific data iii Legal principles and practices 2 Principal of Res Judicata a b the thing has been decided if a litigant looses a case fully and fairly decided and its not appealed under this doctrine the plaintiff can t bring the case back Legal Reasoning Issue rule application decision Civil Law System Civil law system o Learn facts identify the issue and relevant legal rules apply the rules to the facts come to conclusion o Law that comes from statutes not really cases o Many European countries follow this system attorneys judges apply statutes in there decisions o Look up code of civil or criminal law law would be in a statutes o Louisiana has a civil law tradition o Type of law that define regulates and gives rights substantive Classifications of law 1 Public Law a Address relationship between individuals and their gov b c Criminal cases effects not only the families parties but all society Constitutional law effects everyone in society 2 Private Law relationships between private individuals ex contracts tort law 3 Criminal law law that carries fines imprisonment as sanctions for actions against the law a b w individuals and society 4 Civil law issues when individuals enforcement of the law and liability monetary damages tort liability contract liability a Issues between individuals 5 Substantive law a Define regulates creates rights and duties b Constitution c Civil law 6 Procedural law law that is the means for enforcing those substantives laws a Example statue of limitations law requires plaintiff so many years to file a claim usually 4 years for tort law injuries b Rules and regulations within a court room 7 Cyber law governs relationships with the internet emerging area Appellant party who appeals the case petitioner Appellee party whom the appeal is taken against respondent Chapter 2 Court system and jurisdiction Basic judicial requirements to hear a case power to speak the law There has to be jurisdiction o Subject matter o Personal jurisdiction Personal jurisdiction Court has jurisdiction over a person or company that resides in a certain geographic area State trial court has jurisdiction over area or county of that state State supreme court has jurisdiction over all residents within that state Rem jurisdiction jurisdiction over a thing property within the area Long arm statutes court has jurisdiction limited to the boundaries of the states but some cases a states long arm statute gives courts jurisdiction over non resident areas All 50 states have long arm statues Minimum contacts with the foreign state If they take a purchase order set of phone calls Have they sent a advertisement to that state Personal Availment o Business is directly contacting that customer Notions of fair play and substantial justice o They ve had no contact connection to a foreign place therefore they cant be heard in court there Court has jurisdiction wherever they do business have main office or is Corporations incorporated Subject Jurisdiction Refers to limitations on the types of cases a court can hear federal and state General unlimited jurisdiction o Broad array of issues o State trial court or federal district court Limited jurisdiction o Probate court persons disposition after death o
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