Chapter 1- Legal environment of business

Statutory law

Law passed by the U.S. Congress or state legislatures -aka civil law

Why law?

so businesses and people can plan

Common law Tradition: state decisions

-stand by things decided - judges follow precedents (prior decisions) -efficient, more stable and predictable

Administrative law examples

Federal- FDA, EPA, Car safety State- Dept. of Health, Dept. of Ag

Common Law

a system of law based on precedent and customs -AKA judge made or case law -interpret statutes -applies law from previous cases before the court -law coming primarily from common law (constitutional, contacts, property, torts)

What do legal professionals use to analyze court decisions that are relevant to their clients' cases? local court rules promulgation the FLAC method case briefing

case briefing

Primary Sources of Law

constitution, statutory law, adminsitrative law, and case law

Historically, the common law developed from: the unification of local customs and laws in feudal England. the movement from religious to secular law in 15th raised to the 15th century Europe. the democratic creation of rules and laws in ancient Greece. the emergence of courts of law and courts of equity in seventeenth century France.

the unification of local customs and laws in feudal England.

adminstrative law

more specific- State and federal laws by which government decisions are reviewed

5 Classifications of Law

1. Substantive Law (what it deals with; define, describe, regulate, and create rights) 2. Procedural Law (how, how to get arrested, go to court, etc) 3. Civil Law (rights and duties between people and government; statutory and common law) 4. Criminal Law (wrongs committed against public as a whole; only statutory) 5. Cyberlaw *can differ at local, state, and federal level, ex marijuana

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers. 24 C.F.R. Part 570 856 S.W.2d 12 (Ark. 1993) Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)

Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)

Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by: a federal agency. Congress. the U.S. Supreme Court. a federal district court.

Congress

What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy? This case would be a case of _______ in California. Without the prior guidance, the California courts likely would look to _______ authorities to help them reason through a decision.

First Impression Persuasive

IRAC Method

IRAC is an acronym that stands for issue, rule, application, and conclusion.

Under common law, which is true: Under the common law, which of the following is true? Judges may never deviate from established precedent. Congress is responsible for interpreting the common law. In a case of first impression, a judge may use persuasive authorities rather than precedents. Judges are responsible for the creation of statutes.

In a case of first impression, a judge may use persuasive authorities rather than precedents.

Common Law Examples

Informed consent, the patient's right to refuse treatment, negligence, and malpractice.

Which of the following is an example of federal agency regulations that impact business operations? Internal Revenue Service rules for business tax audits U.S. Supreme Court decisions The Consumer Protection Act wage and hour laws

Internal revenue service rules for business tax audits

Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called: the historical school of legal thought. legal realism. the natural law theory. legal positivism.

Legal Realism

Finding primary sources of law

Legal citations; Ex. 60 US 393 (book, supreme court, page #)

Stare Decisis and Legal Reasoning

Legal reasoning is the reasoning process used by judges in applying the law to the facts and issues of specific cases. Legal reasoning involves becoming familiar with the key facts of a case, identifying the relevant legal rules, applying those rules to the facts, and drawing a conclusion. -judges and juries beliefs/values affect decision -court outcomes are not certain

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: may ask an appellate court to decide the matter. must wait until another judge creates precedent. may create new precedent. must decline to hear the matter.

May create new precedent

The belief that as humans we are all entitled to certain fundamental rights is a component to _________

Natural Law

If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for ____. The system of prior court opinions is called ____.

Precedent Case Law

In deciding whether to dismiss the suit, the court in California first should look to __ sources of law, or sources that establish the law. Another resource for the court are the ___ passed by the United States __ and the state ___. If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to ___ sources of law for guidance.

Primary Statutes Congress Legislatures Secondary

The California court will follow the decision of the United States Supreme Court because of the doctrine of ____ . The United States Supreme Court decision is ____ on the California courts. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court ____ enforce the clause in the contract.

Stare Decisis Binding Will not

Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of: precedent. common law. persuasive authority. stare decisis.

Stare decisis

SCOTUS

Supreme Court Of The United States -9 judges make decisions for the entire country regardless of popularity -counter majoritarian difficulty

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the: United States Supreme Court Reports Lawyers' Edition. United States. U.S. Supreme Court. United States Reports.

United States reports

Because of the precedent set, the California court ______ dismiss the suit and the case will be heard in _____

Will not California

The principle of stare decisis does which of the following? uses statutory law to guide judges to the right decision requires the fact pattern of the current case to be exactly like the fact pattern of the precedent ensures that no changes in the law ever take place creates predictability in the legal system

creates predicatbility in the legal system

State statutory law is created by: elected members of the state legislature. elected members of the judiciary. elected congressional members. the governor.

elected members of the state legislature

Constitutional law

highest law, checks & balances

The idea that each person has intrinsic biases that impact their decisions is a component of _______

legal realist school

2nd amendment meaning

meaning and determination by case law, defines legal rights and limitations of citizens and government -abortion -interracial marriage -religious rights -speech -guns -criminal law

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers. published ordinances published session laws online legal research engines such as Lexis, Westlaw, or Bloomberg bound volumes of reported court decisions, organized by jurisdiction, date, and courts

online legal research engines such as Lexis, Westlaw, or Bloomberg bound volumes of reported court decisions, organized by jurisdiction, date, and courts

A legal citation for a court decision is used by legal professionals to research the law, and includes: party names, location of the published case, court, and date of decision. plaintiff and defendant names, and facts of the case. party names and the court's holding. a summary of the case.

party names, location of the published case, court, and date of decision.

Statutory law example

permits for importing viruses, neglect to close gates on federal land, ordinance, criminal law (traffic violation, drinking age 21

How a hearing or court case is conducted is governed by: interpretation. procedural law. statutory law. venue.

procedural law

Substantive law governs a person's: rights and responsibilities. procedural responsibilities. ethical responsibilities. regulatory responsibilities.

rights and responsibilities

In the United States, who creates state statutory law? State Administrative Agencies State legislatures Uniform law committees State Governors

state legislatures

Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: common law. administrative law. statutory law. an ordinance.

statutory law

Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that: both laws are substantive. the law that defines the crime is a procedural law, and the law that provides for the right to appeal is a substantive law. the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law. both laws are procedural.

the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.