Bcor 320 1st Edition Exam 1 Study Guide Lectures 1 9 Law Is a body of rules of action or conduct prescribed by controlling authority and having binding legal force It must be obeyed and followed by citizens Subject to sanctions or legal consequences Established by authority Body or system of rules Control or authority imposed Functions of laws Keeping the peace Promoting social justice Maintain the status quo Facilitating orderly change Facilitating planning Providing a basis for compromise Maximizing individual freedom 3 major legal systems 1 2 3 Romano Germanic Civil Law Islamic Law Anglo American Common Law Civil Law system A legal system derived from Romano and Germanic practice and set out in national law codes French Civil Code 1804 Code Napoleon Based on Jus commune but incorporated ideas of French Revolution Straightforward and each to read general principles German Civil Code 1896 Burgerliches Gestzburch Based on Jus commune Incredibly technical and precise rules intended as handbook for experts SHARI A Principle source of law in Saudi Arabia but followed to some extent in all Islamic countires Primarily a moral code Sources Sunna or traditional teachings and practices of prophet Muhammad Common Law System law based on customary practice of courts and is the basis of legal systems Comparison of legal systems Civil Law Ideological basis Positive Law and Laissez faire economics Rules based on general principles Codes Case law is respected as precedent Uses deductive reasoning Common law Ideological basis Natural Law Rules based upon specific circumstance Case law Case law required as a precedent Private and public Uses inductive Reasoning Origins of laws Inherited much from British law Founding Fathers created a multi level government which guaranteed citizens rights Accumulation of precedent in legal cases makes up the common law Statutes are passed by legislative body Substantive rules state parties rights Procedural rules determine how courts should settle disputes U S primary Sources 1 Constitution U S and State 2 Statutes Passed by congress and state legislatures 3 Regulations promulgated by federal and state agencies 4 Case Law 5 Executive Orders issued by federal and state executive branch Four Roles of U S constitution 1 2 3 4 Establish structure of national government checks and balances Control relationship between national and state government Define and preserve personal liberty Allow government to perpetuate itself U S constitution Legislative branch Executive branch Administrative agency Legislative branch Article 1 Statutes Executive branch Article 2 Executive orders Judicial Branch Article 3 Case decisions judicial branch Secondary Sources of U S Law Books articles and comments Legal encyclopedias Restatements Classifications of law Criminal Law Dangerous behavior outlawed by society Government prosecutes accused Guilt is determined Punishment or fine is imposed Civil Law Regulates rights and duties of parties Victim not government brings suit Guilt not determined Compensation is ordered Substantive law Defines the rights of people Procedural law Establishes processes for settling disputes Public law Sets the duties of government to its citizens Private law Regulates duties between individuals Ethics Is the study of how people ought to act Law and ethics may not always agree Utilitarianism A correct decision was one that tended to maximize overall happiness and minimize overall pain 1 Focus on the consequences of an action not the nature of the action itself or any set of moral values or religious beliefs 2 Do COST BENEFIT ANALYSIS to assess the negative and positive effects of alternative actions Risk management and cost benefit analyses are examples of utilitarian business practices Deontological Ethics The results are not as important as the reason for which the decision is made To a deontological thinker the ends do not justify the means Corporate social responsibility The idea that corporation can and should act ethically and accountable to society for their actions Employees Customers Creditors Suppliers Community Foreign corrupt practices Prohibits any American company to make or promise to make payments or gifts to foreign officials political candidates or parties in order to influence a governmental decision even if the payment is legal under local law Lecture 4 State Court system Trial Courts Almost all cases begin in trial courts with a judge and usually a jury Trial courts determine the facts of a particular dispute and apply the law to those facts Courts can only hear cases under their jurisdiction Appellate Courts Appeal courts generally accept the facts given to them by trial courts and just review the trial record to see if the court made any errors of law The highest appeals court in a state is the state Supreme Court Jurisdiction The power of a court to hear a case SUBJECT MATTER JURISDICTION Limited jurisdiction v General jurisdiction Original jurisdiction v Appellate jurisdiction Exclusive jurisdiction v Concurrent jurisdiction Federal Courts 1 Federal Question Cases A claim based on the United States Constitution a federal statute or a federal treaty 2 Diversity Cases When the plaintiff and defendant are citizens of two different states AND the amount in dispute is greater than 75 000 3 Trial Courts United States District Courts are the primary trial courts in the federal system The nation is divided into about 94 districts each with its own district court There are also specialized trial courts such as Bankruptcy Court and Tax Court 4 Appellate Courts United States Courts of Appeals are the intermediate courts of appeals The nation is divided into circuits The highest appeals court is the United States Supreme Court Beginning of Litigation 1 Complaint short plain statement of the allegations and the legal claims 2 Answer A brief reply to the allegations 3 Counter Claim Sometimes the accused party will initiate a second suit in response to the first 4 Reply A brief reply to the counter claim Class Actions If the plaintiff has evidence that the wrong in question has affected a large number of unrelated persons the suit may become a class action suit with the plaintiff representing an entire class of plaintiffs Default Judgment If the defendant fails to answer in time the plaintiff will ask for a default judgment meaning an automatic win without a trial Discovery next step after pleadings 1 2 3 4 Interrogatories written questions that