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Understanding the Nature and Sources of Law: A Comprehensive Guide

This course, led by Professor Gilma Diaz-Greco, Esq., delves into the essential aspects of law, including legal rights and duties, the origins of legal frameworks, and the classification of law. Students will explore the interplay between privacy and technology, as well as sources of law such as constitutions, statutes, and administrative regulations. The course will emphasize important grading criteria and attendance policies, ensuring a cohesive learning environment. Engage in meaningful discussions that highlight the relevance of law in everyday life.

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Understanding the Nature and Sources of Law: A Comprehensive Guide

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  1. Introduction Business Law I Professor: Gilma Diaz-Greco, Esq. E-mail: gdiazgre@mdc.edu Bus. Dept. Ph: (305) 237-2375

  2. Grading Criteria Test: 90% Attendance: 5% Class participation: 5%

  3. MDC- Grading Policy A= 90-100% B= 80-89% C= 70-79% D= 60-69% F= Less than 60%

  4. Chapter 1THE NATURE AND SOURCES OF LAW

  5. Nature of Law and Legal Rights • Legal Rights: legal capacity to require another person to do or not do an act. • Individual Rights: e.g., right of privacy, which protects us from unreasonable searches and intrusion into or disclosure of our private affairs. • Privacy and Technology is growing concern. • Legal Duties: legal obligation imposed upon a person to do or not do an act. • Rights and Duties co-exist.

  6. Sources of Law • Law consists of the pattern of rules established by society to govern conduct and relationships. • These rules can be expressed as: • Constitutional provisions, • Statutes, • Administrative regulations, and • Case decisions by courts of law

  7. Sources of Law Federal (U.S) Constitution State Constitution Federal (U.S. Congress) State Legislatures Local Gov’t (City, County) Federal Administrative Agencies State Administrative Agencies Constitutional Law The National Conference of Commissioners on Uniform State Law has drafted statutes on various subjects to try to achieve uniformity among state statutes. Statutory Law Administrative Law Treaties and Executive Orders Common Law – made up of tradition and court precedent; may be repealed or strengthened by case law and statutory law. Case Law– laws made by decisions of a court; also courts may enforce common law rules

  8. Classification of Law • Substantive law creates, defines and regulates rights and liabilities. • Procedural law specifies how rights and liabilities are enforced. • Civil law is of Roman origin; common law is of English origin.

  9. Classification of Law • Law may be described in terms of the subject to which it relates, such as estate law or contract law. • A special category of law is the principle of equity, used in special cases for which the standard law does not provide adequate remedy.

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