ch-1-miller-5g0l4v3a.pptx BLAW 280 Chapter 1 Business Activities and the Legal Environment 2 2 Sources of Law CONSTITUTION -Separation of powers: https://www.youtube.com/watch?v=HuFR5XBYLfU Role of...

On ONE document, turn in:

1. IRAC brief for Rosa & Raymond Parks v. Target

2. Problem 1-2

3. Problem 1-4

4. Problem 1-5

ch-1-miller-5g0l4v3a.pptx BLAW 280 Chapter 1 Business Activities and the Legal Environment 2 2 Sources of Law CONSTITUTION -Separation of powers: https://www.youtube.com/watch?v=HuFR5XBYLfU Role of Legislature/Congress: Role of Executive Branch/President: Role of Judiciary/Courts: -Bill of Rights: https://www.youtube.com/watch?v=yYEfLm5dLMQ STATUTES - created by congress and state legislatures  COMMON LAW- case law- is made by judges and constantly evolving with each new case “stare decisis” –let the decision stand (for a review, see https://www.youtube.com/watch?v=Rk8dCnKIfP4) How to Read & Understand Case Law: Selected Case Titles & Terminology) Plaintiff/Petitioner: Defendant/Respondent: Appellant/Petitioner:   Appellee/Respondent: Damages: 4 4 The Common Law Tradition: Stare Decisis & Legal Reasoning IRAC Method: The legal reasoning process that is used to decide cases regardless of length and complexity. IRAC is an acronym for Issue, Rule, Application, and Conclusion. 5 5 The Common Law Tradition: Stare Decisis & Legal Reasoning 1. Issue—What are the key facts and issues? (Issue Statement =Party names + name of rule + key fact(s).) 2. Rule—What rule of law applies to the case? 3. Application—How does the rule of law apply to the particular facts and circumstances of this case? 4. Conclusion—What conclusion should be drawn? 6 6 The Common Law Tradition: Stare Decisis & Legal Reasoning There is no one “right” answer to most legal questions. Good arguments can be made to support either side of the controversy. Judges have personal beliefs that can affect decisions. Outcomes to lawsuits cannot be predicted with certainty. 7 7 Remedies Remedies Defined: _______________________________________________________________ Generally, courts order monetary ($$) or equitable (ex: restraining order) relief. Money damages are frequently called:_______________________________ When monetary damages will not suffice to make the injured party whole, equitable damages are considered. Example 1.1 (pg 7)- Ted forms a contract to purchase a piece of property. The seller breaches the contract. Ted can sue for the return of the deposit or any down payment, but he really wants the property. The remedy he wants is called: _____________________. Classifications of Law Every type of law will be either: Substantive or Procedural. Civil or Criminal. 9 9 Classifications of Law: Substantive vs. Procedural Substantive law consists of all laws that define, describe, regulate, and create legal rights and obligations. Example: Procedural law consists of all laws that that outline the methods of enforcing the rights established by substantive law. Example: 10 10 Classifications of Law: Civil vs. Criminal (1 of 2) Civil law spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person’s rights are violated. Example: Civil law: was OJ liable? ___ Criminal law: was OJ guilty? _____ https://www.youtube.com/watch?v=K0GW7R85pQs 11 11 Classifications of Law: Civil vs. Criminal (2 of 2) Criminal law is concerned with wrongs committed against the public as a whole. Criminal acts are defined and prohibited by local, state, or federal government statutes. Example: 12 12 Classifications of Law: Cyberlaw Refers to all laws governing electronic communications and transactions—particularly those conducted via the internet. Applies to just about all legal issues, including copyright, contracts, banking, etc. 13 13 CLASSIFICATIONS OF LAW- REcap Criminal v. Civil Criminal: government prosecutes Civil: individuals sue Substantive v. Procedural Substantive law controls people (murder is illegal) Procedural law controls government (jury selection rules) Public v. Private Public: governs relationship between gov’t and people Private: made between individuals (contracts, agency) Chapter 1 recap img4507-2-wfrsaevr.jpg img6087-qtsgvgpc.jpg img6088-bohyfqo4.jpg img6089-2hlofs5n.jpg chapter-1-smrv3who.pdf