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Business Law and the Legal Environment for a New Century

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Quotes of the Day

True human goodness, in all its purity and freedom, can come to the fore only when its recipient has no power.
Milan Kundera, Czech author

What is good? All that heightens the feeling of power, the will to power, power itself in man.
Freidrich Nietzsche, German Philosopher

Business Law and the Legal Environment for a New Century

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Law is powerful

Affects all people, from CEOs to children Affects most of life, from work to leisure

Law is important

But which is more important -- written law or the people who enforce it?

Law is fascinating

Complex, but never just theoretical

Business Law and the Legal Environment for a New Century

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Origins of Our Law -- Many Sources

Inherited much from British law. Founding Fathers created a multi-level government which guaranteed citizens rights. Accumulation of precedent in legal cases makes up the common law.

Statutes are passed by legislative body.

Substantive rules state parties rights. Procedural rules determine how courts should settle disputes.

Business Law and the Legal Environment for a New Century

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Sources of Our Law Today

United States Constitution -- Law of the Land
Establishes Congress, the Presidency and Courts Gives to states powers not given to Federal govt Guarantees basic rights to all citizens

State Constitutions

Create state executive, legislative and judicial systems

Statutes -- passed by federal & state govt Common Law -- established by precedent, or

earlier cases decided by courts Administrative Law -- created by agencies

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Business Law and the Legal Environment for a New Century

Classifications of Law
Criminal Law

vs.

Civil Law
Regulates rights and duties of parties Victim, not government brings suit Guilt not determined Compensation is ordered

Dangerous behavior outlawed by society Government prosecutes accused Guilt is determined Punishment or fine is imposed

Business Law and the Legal Environment for a New Century

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Classifications of Law (contd)

Substantive Law

vs.

Procedural Law
Establishes processes for settling disputes

Defines the rights of the people

Public Law

vs.

Private Law
Regulates duties between individuals

Sets the duties of government to its citizens

Business Law and the Legal Environment for a New Century

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Law and Morality

Owning inlegal, Colonial legal, but Actionsslaves may be butAmerica immoralwas to some this violates most peoples moral standards today. people.

Actions may is beboth required by both Drunk driving immoral and illegal.
LAW

moral standards and the law.

Helping hurt person isbut required by moral Actions a may be moral, not required by law. standards, but is not mandated by the law.
MORALITY

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Jurisprudence, or What is Law?

Legal Positivism
Law is what the sovereign says it is. Decisions stand, regardless of morality.

Natural Law

An unjust law is no law at all and need not be obeyed. Laws must have a good moral basis. Enforcement of the law is more important than the law itself. Enforcers determine if the law is applied in a fair and consistent way.

Legal Realism

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PLAINTIFF: the party who is suing DEFENDANT: the party being sued LEGAL CITATION: where to find the case in a law library

Case Analysis
QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST
65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677 California Court of Appeal, 1998

Where and when the case was decided.

Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of FACTS: their 12-year-old son, Andrew, who lived background with his father. James was a member of the information on Christian Science church, a religion that the case regards disease as an error of the mind and discourages the use of traditional ISSUE: the medicine. Members of the faith question being decided Issue: Did the defendants have a duty to summon medical help for Andrew? Excerpts from Judge Bedsworths Decision: [The judge began by EXERPTS: the mentioning an earlier California case, in decision -- that also which the states highest court ruled called the one person generally has no duty to protect holding --aand another from harm, unless there is special the courts relationship between the two, such as custody or control... rationale

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We depend upon the law to give us a stable nation and economy, a fair society, a safe place to live and work. But while law is a vital tool for crafting the society we want, there are no easy answers about how to create it. ...Legal rules control us, yet we create them.
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Business Law and the Legal Environment for a New Century