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CU-Boulder BCOR 3000 - What is Law?

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BCOR 3000—1st Edition Lecture 1Outline of Last Lecture I. NO PRIOR LECTURE—Syllabus OverviewOutline of Current Lecture II. What is law?A. Rules and ExamplesIII. Sources of LawA. ExamplesIV. Uniform LawsA. Why is it needed?B. ExamplesV. Administrative LawsVI. AgenciesVII. Common LawCurrent LectureChapter 1—The Legal EnvironmentWhat is law?- Enforceable Rules—make you follow the law OR impose a consequence for not following the rule whatever it may be- Examples:  Notice for quitting a job—the custom is 2 weeks’ notice but really no notice needed. You don’t even need to show up;  Tour de France—waiting for someone to pee. Let them catch back up—but that is not a law or required;  Others—Paying rent on the 1st of every month; Consequences associatedwith breaking this lawSources of Law (A Hierarchy)- Constitutions (Treaties)—supreme law of the land; general and vague Treaties: just as important and can surpass ant statutesThese 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.- Statutes—a law that is passed by congress or a state legislature Ex: Colorado Statue: Owner of a Liquor store can only operate one liquorstore in Colorado (Trader Joe’s and Whole Foods)- Ordinance—a statute law passed by a city Ex: Boulder Noise Ordinance; Plastic Bag Ordinance- Regulations—agencies create and pass the specifics of the statutes- Private Law (Contracts)—>Ex: Rental Property—3 people run this for a year and s split 50-25-25. This contract trumps a statute (of being split equally).- Court Cases (Common Law/Precedent)—used to interpret everything abovein terms of different laws and for situations where there are no other sources or laws on the subject Ex: Rental Property Lease: what is normal wear and tear? Uniform Laws- Central government cannot take away powers from state that are given to the state in the constitution- Unique to the US; certain things congress cannot establish nationwide- Why needed?—To have the same laws all across the country- Examples: Drinking Age—(Reason?—Bribery of law—“forcing the hand” so to speak) Contract—for the sale of goods (Ex: REI—purchase of tent in CO, made in MO; if law is different in each state the law would favor you differently) Child Support ProbateAdministrative Law- US has been growing so agencies have been created to help out- They can perform all 3 functions of gov’t if granted power to do so- “Unofficial 4th branch of the government”- IRS; OCAA; FDA HUD; Dept. of Education; Dept. of Homeland SecurityAgencies- At all levels of government- Typically created by legislative or executive branch- Some say that they have TOO MUCH POWER- Issues when adjudicate disputes—conflict of interest?Common Law- Court decisions- Become precedent for later similar cases (stare decisis)- Goal is for the law to be common, or the same, in all courts of the jurisdiction- Used where no statue applies- Uses where statue is ague or does not address a


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CU-Boulder BCOR 3000 - What is Law?

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