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Our Laws

Our Laws. Business Law I Chapter 1 Mr. Kretschmer. Our Laws and Legal System. What is law? Code law – 4000 years ago by Hammurabi, King of Babylon. Our Laws and Legal System. Stages in the Growth of Law Individuals take revenge for wrongs done to them.

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Our Laws

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  1. Our Laws Business Law I Chapter 1 Mr. Kretschmer

  2. Our Laws and Legal System • What is law? • Code law – 4000 years ago by Hammurabi, King of Babylon

  3. Our Laws and Legal System Stages in the Growth of Law • Individuals take revenge for wrongs done to them. • Awards of money or goods are substituted for revenge. • Court systems are formed. • A central authority figure intervenes to prevent and punish wrongs.

  4. Our Laws and Legal System What types of behaviors do we need to be protected from? Behaviors that injure us in any way, including physical, emotional and financial injuries. Common Law Vs. Positive Law

  5. Our Laws and Legal System Laws reflect the wisdom or lack thereof of their creators. • A system of laws that is not predictable will not produce a stable society. • A legal system that is to controlling and too rigid to change with the wants and needs of the people will also be overthrown.

  6. Our Laws and Legal System Origin of Our Legal System English Common Law Feudal Barons acted as judges – laws differed from region to region The kings courts – King Henry II • Appointed a bunch of judges from a group of trusted nobles • Solved court cases in harmony – empanel citizens to interpret the customs • Creates stability in the law – follow precedent

  7. Types of Laws Laws are created at 3 levels of government: • Federal • State • Local Constitution: A document that sets forth the framework of a government and its relationship to the people it governs ( Appendix A) You are governed by the Constitution of the United States of America and the state of Pennsylvania

  8. Types of Laws Final Interpreter of the U.S. Constitution = United States Supreme Court The Allocation of Power between people and Government = The Bill of Rights The Allocation of Power between Federal and State Governments = Federal Constitution

  9. Types of Laws Allocation of Power Among the State Governments is the Executive, Legislative and Judicial branches of government. Administrative Regulations – Controlled by executive branch of government (Social Security Administration, Penn Dot) Judicial Branch of government creates case law – usually the federal branch of government.

  10. Types of Laws Conflicts of Laws Highest source of law is the Constitution Statutes and validity = must be Constitutional to be valid Legislative body has the power to nullify a courts interpretation of a statue

  11. Types of Laws Criminal Vs. Civil Laws Civil law applies whenever a person has the right to sue another person A crime is an offense against society

  12. Types of Laws Main Types of Laws • Procedural Law = methods of enforcing legal rights or duties (2 types) civil and criminal • Substantive Law = defines rights and duties Defines offenses such as murder, theft, vehicular homicide, breach of contract and negligence Business Law = Covers rules that apply to business situtations and transactions

  13. Types of Laws Business Law is largely concerned with civil law especially contracts Torts = private wrongs (manufacturing defects that cause harm) Toys from China UCC (Uniform Commercial Code) widely adopted uniform business law

  14. Any Questions

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