Chapter 1 Sources of Business Law and the Global Legal Environment

©2002 by West Legal Studies in BusinessA Division of Thomson Learning

Chapter 1Sources of Business Law

and the Global Legal Environment

Chapter 1Sources of Business Law

and the Global Legal Environment

2©2002 by West Legal Studies in BusinessA Division of Thomson Learning

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.”


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.


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.


Sources of American Law

Sources of American Law

Constitutional LawStatutory Law

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


Administrative LawAdministrative Law

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

Types of Agencies– Executive Agencies– Independent Regulatory Agencies


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.


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.


National Law: varies from country to country.

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




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).


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



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



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


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).

Chapter 1 Sources of Business Law and the Global Legal Environment

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