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Law
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A body of enforceable rules governing relationships among individuals and between individuals and society
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Function of a Law:
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Provide stability, predictability and continuity so people can be sure of how to order their affairs
People need to know what the rules and consequences are in order to conduct business But at the same time, permit change |
Business Activities and the Legal Environment
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Law regulates many different areas of business
Study of business law also involves a knowledge of ethics in decision-making Many different laws may affect a single business transaction |
Sources of American Law
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U.S. and State Constitutions
Statutory Law—federal, state and local Administrative regulations and decisions Case Law and Common Law Doctrines |
Heirarchy for Sources of American Law (top to bottom)
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Constitution
Statues (Legislatuve Branch) Regulations (Executive Branch) Case Law (Judicial Branch: Interprets and applies the constitution, statues and regulations) |
Supremacy Clause
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The Constitution and the Laws of the United States shall be the supreme Law of the Land
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Tenth Amendment
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The powers not delegated to the United States by the Constitution are reserved for the States
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How many federal circuit courts?
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13
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How many numbered geographical circuits?
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11 and then there is DC and U.S Court of Appeals
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What is American law based on
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Based largely on English Common law which was based largely on traditions, social customs, rules, and cases devloped over hundreds of years.
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What are the 2 separate court systems under common law and their remedies?
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Courts of Law: (monetary relief)
Courts of Equity: (non-monetary relief) based on "notions of justice and fair dealing" |
What are courts of law?
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(also called king's courts because judges were appointed by the king)
remedies limited to those provided at law: land, chattel, money, etc. Judges resolved disputes by application of rules of law to the facts of the case before the court. |
What are courts of equity?
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(also called courts of chancery)
Courts where equitable relief was sometimes availabile in instances where a strict application of the law to the facts of the case compelled a result that was legal but unjust. Equitable Maxims |
Remedies in equity
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Specific performance, injunction, and rescission of a contractual obligation
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Remedies at law include:
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Money or items of value, such as land
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