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Chapter 1Sources of Business Law

and the Global Legal Environment

Chapter 1Sources of Business Law

and the Global Legal Environment

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The Nature of Law

The Nature of Law

Aristotle: “citizens of a state will do justice to one another.”

Plato: law is a form of social control.

Blackstone: “rule of civil conduct prescribed by state.”

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The Common Law Tradition

The Common Law Tradition

Early English Courts of LawStare Decisis: “stand on

decided cases.”– Departures From Precedent.

Brown v. Board of Education (1954).

– When There is No Precedent: use persuasive authorities.

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Equitable Remedies and

Courts of Equity

Equitable Remedies and

Courts of EquityLegal Remedy: means to compensate plaintiff for violation of a right.

Equitable Remedy: based on equity and fair dealing.

Today: merger of law and equity.

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Sources of American Law

Sources of American Law

Constitutional LawStatutory Law

– Federal Statutes– State and Local Statutes– Uniform Laws– Uniform Commercial Code

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Administrative LawAdministrative Law

Administrative law: the rules, orders and decisions of administrative agencies.

Types of Agencies– Executive Agencies– Independent Regulatory Agencies

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Case Law and Common Law

Doctrines

Case Law and Common Law

DoctrinesCommon Law: doctrines and principles of case law not covered by statutory law.

Relationship Between Common Law and Statutory Law.

Restatements of the Law.

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Classifications of Law

Classifications of Law

Substantive Law: laws dealing with rights and duties.

Procedural Law: methods of enforcing rights.

Civil vs. Criminal Law.– Civil: private injury – Criminal: injury against society.

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National Law: varies from country to country.

International Law:– Written and unwritten laws– Treaties– International Organizations

Classifications of Law

Classifications of Law

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The ConstitutionThe Constitution

The Commerce Clause– Breadth of the Commerce

Clause•Case 1.1 Heart of Atlanta Motel

vs. United States (1964).

– State Regulatory Powers•Case 1.2 Goodenow v. City Council

of Maquoketa (1998).

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First Amendment-Freedom of Speech– Symbolic Speech– Corporate Political Speech– Commercial Speech-Advertising– Case 1.3 Bad Frog v. NY State

Liquor Auth. (1998).– Unprotected Speech

The ConstitutionThe Constitution

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First Amendment-Freedom of Religion– Due Process– Procedural Due Process– Substantive Due Process

The ConstitutionThe Constitution

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Reading and Analyzing Case

Law

Reading and Analyzing Case

LawFinding Statutory and Administrative Law

Finding Case Law– Federal Court Decisions– State Court Decisions– Unpublished Opinions

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Reading & Understanding

Case Law

Reading & Understanding

Case LawLegal cases are identified by a legal citation (or a “cite”) as the example below:

Bragdon v. Abbott, 524 U.S. 624 (1998).