+1443 776-2705 panelessays@gmail.com

 

Chapter 1. Introduction to Law.

Initial Postings: Read and reflect on the assigned readings for the week. Then post what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding in each assigned textbook chapter.Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion.

Also, provide a graduate-level response to each of the following questions:

  1. Franklin Felon shot and killed two people during a robbery.  Why was this act a violation of both criminal and civil law?
  2. Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

Chapter 1
Introduction to Law

Its Legal, Ethical, and
Global Environment

Marianne M. Jennings

BUSINES
S 11th Ed.

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-2

Definition of Law
• Aristotle

– Law is reason unaffected by desire

• Holmes
– Law embodies the story of a nation’s

development through many centuries

• Blackstone
– That rule of action which is prescribed by

some superior and which the inferior is bound
to obey

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-3

Definition of Law
• Black’s Law Dictionary

– A body of rules of action or conduct
prescribed by the controlling authority,
and having legal binding force

• Rules Enacted By a Government
Authority That Govern Individuals
and Relationships in Society

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-4

Classifications of Law
• Public Law

– Enacted by some authorized government
body. Example: federal securities laws

• Private Law
– Enacted by private individuals

• Example: the terms of a lease agreement
• Example: employment agreement

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-5

Classifications of Law
• Criminal versus Civil Laws

– Criminal laws are wrongs against society
– Civil laws are wrongs against individuals

• Substantive versus Procedural Laws
– Substantive: Gives rights and

responsibilities
– Procedural: Means or procedures for

enforcing substantive rights

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-6

Classifications of Law
• Common Law

– Began in England in 1066 and continues today
– Non-statutory law
– Exists in court decisions
– Following case precedent, or stare decisis, “let

the decision stand”

• Statutory Law
– Passed by governmental body
– Also known as Codified Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-7

Classifications of Law
• Law versus Equity

– In common law England, remedies were
separated into legal and equitable remedies
• Legal = money

• Equitable = injunctions, specific performance

– Remedies were separated so that courts of
chancery could give remedies when courts of
law could not

– Today all courts are authorized to award legal
or equitable remedies

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-8

Purposes of Law
• Keeping Order
• Influencing Conduct
• Honoring Expectations
• Promoting Equality
• Law as the Great Compromiser

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-9

Characteristics of Law
• Flexibility

– Examples: the Internet has required the
courts to revisit when a contract
acceptance occurs

• Consistency
– Example: allows businesses to rely on

law for planning

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-10

• Pervasiveness
– Example: laws covering formation,

operation and dissolution of
corporations do not unduly interfere
with management flexibility

Characteristics of Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-11

Case
• Case 1.1 Yates v. U.S. (2015)

– Statutory interpretation: Does a statute
that prohibits destruction of documents
and tangible objects cover fish?

• Consider 1.2 U.S. v. Katakis (2015)
– Statutory interpretation: Is it obstruction

if you have a program on your computer
that clears out your e-mail?

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-12

Theory of Law:
Jurisprudence

• Incorporation of Theories or Values Into
Definition of Law

• Natural Law: Inviolate principles,
regardless of laws – human rights

• Holmes: “The life of the law … has been
experience”

• The Social Contract: Law reflects the
desires of society for interaction

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

Sources of Law

1-13

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-14

• Constitutional Law
– Exists at federal and state level

• Establishes government structure
• Establishes individual rights

Sources of Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-15

• Statutory Law at the Federal Level
– Enactments of Congress

• United States Code. Citation = (e.g., 15
U.S.C. § 77)

– Executive orders
• Presidential orders

– Administrative agency regulations
• Code of Federal Regulations. Cite or

citation = C.F.R. (e.g., 12 C.F.R. § 226)

Sources of Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-16

• State Laws
– Enactments of state legislatures

• State Codes
• Cite = Nevada Revised Statutes – N.R.S.

– State administrative agency regulations
• Local Laws

– Ordinances
• County or city statutes

Sources of Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-17

• Private Laws
– Contracts
– Leases
– Employer regulations

• Court Decisions
– Language in statute unclear
– Court provides interpretation or

clarification of law

Sources of Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-18

• Sources
– Custom (Country-by-Country)
– Treaties

• Bilateral − between two nations
• Multilateral − among three or more nations
• Geneva Convention − prisoners of war
• Vienna Convention − diplomatic relations
• Warsaw Convention − air travel

International Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-19

• Private Law or Party Autonomy
• International Organizations (U.N.)
• Act of State Doctrine

– Expropriation
– Confiscation or nationalization: taking of

private property by a government

International Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-20

• Trade Laws and Policies
– Tariffs
– Treaties, e.g., GATT, NAFTA

• Uniform International Laws
– Contracts for the International Sale of

Goods (CISG)
– Similar to Article 2 of the Uniform

Commercial Code (UCC)

International Law

©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a
publicly accessible website, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website
or school-approved learning management system for classroom use.

1-21

• The European Union (EU)
– Group of countries in continental Europe
– Aiming for barrier-free trade; uniform

laws; ease in transaction negotiations
and execution

– Uniformity in currency, job safety,
immigration, customs, licensing, and
taxation

International Law

  • Slide 1
  • Definition of Law
  • Definition of Law
  • Classifications of Law
  • Classifications of Law
  • Classifications of Law
  • Classifications of Law
  • Purposes of Law
  • Characteristics of Law
  • Characteristics of Law
  • Case
  • Theory of Law: Jurisprudence
  • Sources of Law
  • Sources of Law
  • Sources of Law
  • Sources of Law
  • Sources of Law
  • International Law
  • International Law
  • International Law
  • International Law