Bài giảng Business Law (13th edition) - Chapter 1: The Nature of Law

Foundations of American LawThe Nature of LawThe Resolution of Private DisputesBusiness and The ConstitutionBusiness Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking1McGraw-Hill/Irwin Business Law, 13/e© 2007 The McGraw-Hill Companies, Inc. All rights reserved.The Nature of LawPAETRHC1“The sacred rights of mankind . . . are written, as with a sun beam in the whole volume of human nature, . . . and can never be erased or obscured by mortal power.” Alexander Hamilton, 1775 Learning ObjectivesTypes and sources of lawImportant legal doctrinesClassification of lawJurisprudence and legal reasoningStatutory interpretationLimitations on judicial power1 - *Types or Sources of LawFederal, state, and tribal level:U.S. Constitution: establishes governmental structure, specific rights and dutiesStatute: enacted by legislative body to regulate conductCommon Law: case law (judge-made)Administrative Law: agency rules to implement enforcement of statutes1 - *Types or Sources of LawIssued at chief executive level: Executive Order: under limited powersTreaty: with other nations, by the U.S. president on behalf of the nation, and ratified by the U.S. Senate1 - *Important DoctrinesStare Decisis (let the decision stand)Doctrine of precedent applied in common lawEquityApplied by the judiciary to achieve justice when legal rules would produce unfair resultsFederal supremacy:Rule of priority for conflicts between laws that holds U.S. Constitution the supreme law of land (Art. VI, Sec. 2, U.S. Constitution)1 - *Classification of LawCriminal law establishes duties to societyGovernment charges and prosecutes defendant, who is found guilty or innocentCivil law establishes duties between private partiesPlaintiff sues defendant for monetary damages or equitable relief1 - *Classification of LawSubstantive law establishes rights and duties of people in societyProcedural law establishes how to enforce those rights and dutiesPublic law refers to the relationship between governments and private partiesPrivate law refers to the regulation of conduct between private parties1 - *JurisprudenceJurisprudence refers to the philosophy of law as well as the collection of lawsLegal positivism: law is the command of a recognized political authorityNatural law: universal moral rules bind all people whether written or unwrittenSee U.S. v. Lynch1 - *JurisprudenceLegal realism defines law as the behavior of the judiciary as they rule on matters within the legal system Sociological jurisprudence unites theories that examine law within its social context1 - *Legal ReasoningBasically deductive, with the legal rule as the major premise and facts as the minor premise Court may stand on precedent or distinguish prior case from current caseIf precedent inapplicable, new rule developedSee Hagan v. Coca-Cola Bottling Co.1 - *Statutory InterpretationPlain meaning rule: court applies statute according to usual meaning of the wordsSee Hyatt v. Anoka Police Department A court examines legislative history and purpose when plain meaning rule is inadequateSee General Dynamics Land Systems, Inc. v. ClineCourts may interpret a statute in light of a general public purpose or public policy1 - *Limitations on Judicial PowerCourts limited to deciding existing cases or controversiesParties must have standing (direct interest in the outcome) to sue1 - *Do plants and animals have legal standing?Global Business EnvironmentCourts may faced with treaty interpretationThe U.S. Supreme Court interpreted The Warsaw Convention in Olympic Airways v. HusainHow would you have interpreted the treaty language?1 - *“The carrier shall be liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of the operations of embarking or disembarking.” Warsaw Convention, Art. 17 Test Your KnowledgeTrue=A, False = BThe Constitution, statutes, and case law are sources of law in the United StatesAgency regulations, presidential orders, and treaties are sources of law in the United StatesStare decisis refers to the doctrine of equityThe Supremacy Clause states that the U.S. Constitution is the supreme law of the land1 - *Test Your KnowledgeTrue=A, False = BCivil law establishes the duties an individual has to keeping a civil societySubstantive law establishes how to enforce the rights and duties of people in societyJurisprudence refers to the philosophy of law as well as the collection of lawsLegal reasoning is basically inductive1 - *Test Your KnowledgeMultiple ChoiceThe plain meaning rule means that the court applies a statute(a) according to the unique or special meaning of words(b) according to usual meaning of the words(c) according to public policy and legislative purpose1 - *Test Your KnowledgeMultiple ChoiceCourts are:(a) Limited to hearing existing cases or controversies(b) Limited to hearing cases in which the plaintiff has standing (a direct interest in the outcome)(c) Unlimited in types of cases they may hear(d) All of the above(e) Both A & B1 - *Thought QuestionWhat do you think the authors of the U.S. Constitution would think about current legal issues in our society?1 - *