BIOM 121 1nd Edition Lecture 1 Outline of Last Lecture NoneOutline of Current Lecture II. IntroductionIII. Sources of LawIV. Classification of LawCurrent LectureChapter 1: Introduction to Law and Sources of LawI. IntroductionA. Two Major Roles of Law in Business World1. Dispute Resolution (going to court, being sued)a. Settles differences between two or more partiesb. Mainly covered in Business Law class2. Regulatory Role – Government Regulation – this is an issue that often comes up during elections (Gov. should get out of businesses way)a. Government interference with private businessb. Directs and standardizes business activitiesc. Government is like referee in footballB. “Law” Definition1. Law is the collection of rules and regulations that determines how the government will treat its citizens and how the citizens will treat the government as well as other citizens AND the enforcement thereofa. Without enforcement the law is uselessb. Enforcement leads to:1) PREDICTABILITY – knowledge that if violating law you will be punished2) STABILITY – keeps society from upturning its self3) UNIFORMITY (hopefully) – law is not always uniforma) Racial and age profiling existII. Sources of LawA. Constitutional Law1. Most important source of law2. Supreme Law of the landa. If a law isn’t constitutional then it can’t exist3. Comes from the US ConstitutionThese 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.4. Covered in chapter 2B. Statutory Law (Legislative Law)1. Written down and tells you what’s there and what will happen2. US Congress passes laws (statutes) as per the Constitution (Article I)a. Each House, Senate and House of Representatives, must pass bill in identical languageb. Sent to President1) If signs, becomes law2) Can veto3) Congress can override vetoa) Two-thirds vote of membership of both Housesb) If does, bill becomes law without the President’s signature (almost never happens)3. State governments and other legislative bodies can also pass lawsC. Executive1. Executive Order – law by President to control the policies of the Executive Brancha. Affirmative Action – Lyndon Johnson (Discrimination)b. Don’t Ask, Don’t Tell – Clinton and repealed by Obama (Gays)2. President also controls executive-branch agencies and bureausa. Oversees their spendingb. Appoints leaders usually with similar political ideology3. Appoints Federal Judgea. Normally nominates someone with similar political ideologyb. Once confirmed, Judge does not have to follow political ideologyD. Judiciary (Courts)1. Introduction:a. Interpret the lawb. Determine facts if no jury (appellate courts)2. The Common Law System – law that is commonly known and not necessarily written down (AKA judge-made law)a. Common law is overruled by contracts or leaseb. Common law follows the decisions in previous cases this is called Stare Decisis Doctrine and isn’t changed unless there is a good, legal reason tochange1) Following Stare Decisis sets Precedent – decisions made by previous courtsa) Precedent can either be upheld or over turnedb) However there is a lot of pressure to uphold precedent especially in the case of reelectionc. Common law is set by each individual state1) Majority Rule – most of the sates follow this common law2) Minority Rule – fewer states follow this common lawd. Common Law leads to PREDICTABILITY and UNIFORMITY3. Interpretation of Statutes and Review of Agency Decisionsa. Judicial Activism – courts interpret a law differently than the legislatures intended itb. Judicial Passivism – courts interpret a law the same as legislatures meant (happens more often)1) EX: John Robert, a US Supreme Court Justice (and Republican), demonstrated judicial passivism when he declared the Affordable Care Act (Obamacare) Constitutional4. Judicial Reviewa. Began with Marbury v. Madison1) John Marshal, the Father of the American Court System, declared former President John Adams executive order unconstitutional giving the Supreme Court more power and preventing President Thomas Jefferson from complaining2) Allows the Supreme Court to interpret the Constitution and declare laws unconstitutional (judicial review)b. Texas v. Johnson and the resulting flag burning controversyE. Administrative Law – created by regulatory agencies1. National, Administrative Law will be primary concern in this class2. State Law – vast majority of litigationa. State Court System1) Varies greatly from State to State2) Handles bulk of judicial workb. State Statutory and Administrative Laws1) Each State has own Constitution, Legislature, and Courts2) Each state can also create Administrative Laws3) Police Powers are reserved to the Statesa) Tenth Amendmentb) Power of a state to place restraints on personal freedomand property rights of persons for the protection of the public safety, health, and morals, or the promotion of the public convenience and general prosperityc) Sometimes delegated to local governments by States4) Business Regulation – power to regulate business to protect the public health and safety and to promote for public welfare can be:a) Federalb) State1. Part of police powers given to states by the 10th Amendment2. Not supposed to interfere with interstate commercec) Municipal1. Can be important2. Part of state governmentIII. Classifications of LawA. Federal Law and State Law1. Federal Law: Constitution, Congress, President, Federal Regulatory Agencies2. State Law: Municipal ordinances, state legislators, state regulatory agencies, sometimes, county governments3. State Law varies from state to statea. States can experiment with different aspects or versions of the lawb. National Law often copies pre-existing State Lawc. State law is getting more uniformB. Private and Public Law1. Public – government is involved as a litigate (criminal law is always public)2. Private – between individuals; government is not DIRECTLY involvedC. Civil Law and Criminal Law (not always easily distinguishable)1. Purpose of civil law is restitution or reimbursement; comes from common law and statutory law2. Purpose of criminal law is punishment and prevent crime; comes from ONLY statutory law3. Burden of Proof is differenta. Criminal – beyond reasonable doubt and falls to stateb. Civil – preponderance of the evidence is more likely than not4. Businesses are usually involved in Civil Lawa. Leads