Chapter 1 Law Legal Reasoning and the Legal

Introduction • What are the basic functions of the law? • What role does

The Nature of Law The Functions of the Law: • • Keep the peace

Classifications of Law Substantive Law vs. Procedural Law • Substantive law sets out the

Checks and Balances • Divided power among federal and state governments • Divided power

The Constitutional Powers Constitutional Limitations • Bill of Rights • The Constitution gives Congress

Sources of Law • Constitutions – The highest law of the land • Treaties

Legal Reasoning • Tool For Understanding & Interpreting the Law • Legal Interpretation –

Jurisprudence • Legal Positivism – Consider public policy and morality in legal interpretation •

The Legal Profession • The Adversary System – Each party has legal counsel •

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Introduction • What are the basic functions of the law? • What role does the law play in business and in our lives? • What are the sources of law? • How does the law change and evolve? 1 -2 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

The Nature of Law The Functions of the Law: • • Keep the peace Maintain order Facilitate planning Promote social justice Legal Rules: • Have a general application within society • Were developed by a legitimate authority • Threaten sanctions for non-compliance 1 -3 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

Classifications of Law Substantive Law vs. Procedural Law • Substantive law sets out the rights and duties of the population. – Duties are a command to do or not do something. – Rights and privileges include the right to free speech or the privilege of receiving government benefits. • Procedural law establishes the rules for enforcing substantive law. Criminal Law vs. Civil Law • Criminal law defines breaches of duty or obligation to society. – People are punished only if they violate the terms of written law. • Civil law establishes private duties that people or corporations owe to each other. – Tort laws create many duties including the obligation to exercise reasonable care. 1 -4 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

Checks and Balances • Divided power among federal and state governments • Divided power between branches of the federal government Federalism • Establishes 51 different legal systems 1 -5 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

The Constitutional Powers Constitutional Limitations • Bill of Rights • The Constitution gives Congress the power to pass • The Due Process Clause laws • The Commerce Clause: Regulate Interstate & Foreign Commerce • Taxing Power: Create Business Regulations 1 -6 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

Sources of Law • Constitutions – The highest law of the land • Treaties – Supreme law of the land – Made by the President & ratified by 2/3 of congress • Statutes – Product of lawmaking by legislatures • Administrative Rules – Independent agencies established by congress – May have judicial functions 1 -7 • Executive Orders – Issued by the President or Governor • Judicial Decisions – Court decisions create a body of “common law” – Judicial review of other sources of law • Private Law – Contracts created by private persons Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

Legal Reasoning • Tool For Understanding & Interpreting the Law • Legal Interpretation – – Plain meaning of language History of the rule Purpose to be achieved Public Policy • Orderly Change – Procedural Safeguards – Prohibition of Ex Post Facto Laws – Stare Decisis • Relying on prior decisions allows for predictability • Adaptability through overruling laws or choosing precedent to apply 1 -8 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

Jurisprudence • Legal Positivism – Consider public policy and morality in legal interpretation • Natural Law – Recognition of a higher set of rules • Sociological Jurisprudence – Decisions promote social agenda • Legal Realism – Focus on law in action 1 -9 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.

The Legal Profession • The Adversary System – Each party has legal counsel • Professional Responsibilities – Confidentiality – Work Product Privilege – Competence and Care • Preventative Law – Lawyers involved in business planning help avoid legal problems 1 -10 Copyright © 2015 Mc. Graw-Hill Education. All Rights Reserved.