Discussion initial post:
Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.
Also, provide a graduate-level response to each of the following questions:
1. Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
2. Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.
the initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion.
the initial post should be at least 450+ words and in APA format (including Times New Roman with font size 12 and double spaced). Post the actual body of your paper in the discussion thread then attach a Word version of the paper for APA review.
Once the above initial Post is submitted, I will upload two more posts that need responses (each with a minimum of 100 words)
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Short Essay Questions: Needs to Answer the questions below
Question I – Debbie Debtor borrowed $1,000.00 from First Big Bank. Debbie Debtor agreed to repay the $1,000.00 over eight months plus interest. Debbie Debtor loses her job and stops making payments to First Big Bank after two months. What is the source of law that governs the subsequent remedies that may be available to First Big Bank?
Question II – Eddie Embezzler has worked for Betty Boss for many years as an accountant. During his employment, Eddie has taken thousands of dollars from Betty’s business. As a result, Betty has suffered. Did Eddie violate a criminal law, a civil law, or both? Explain.
Assigned Readings:
Chapter 1. Introduction to Law.
Overview:
This chapter sets the foundation on which the remainder of the course depends, providing the historical basis for law as well as describing how laws are enacted and enforced. In addition, the various types of laws are defined, and the characteristics and purposes are discussed. Finally, the sources of international law are introduced, a subject that will be more completely reviewed later in the course.
Learning Objectives:
1. Recognize the difference between criminal law and civil law.
2. Understand the origin and history of law in the United States.
3. Be able to articulate the different origins of law and how these different origins co-exist.
4. Differentiate between federal, state, and local laws.
5. Summarize the broad features of international law.
Textbook: Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA.
Chapter 1
Introduction to Law
Its Legal, Ethical, and
Global Environment
Marianne M. Jennings
Business
11th Ed.
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Definition of Law
Aristotle
Law is reason unaffected by desire
Holmes
Law embodies the story of a nation’s development through many centuries
Blackstone
That rule of action which is prescribed by some superior and which the inferior is bound to obey
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Definition of Law
Black’s Law Dictionary
A body of rules of action or conduct prescribed by the controlling authority, and having legal binding force
Rules Enacted By a Government Authority That Govern Individuals and Relationships in Society
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Classifications of Law
Public Law
Enacted by some authorized government body. Example: federal securities laws
Private Law
Enacted by private individuals
Example: the terms of a lease agreement
Example: employment agreement
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Classifications of Law
Criminal versus Civil Laws
Criminal laws are wrongs against society
Civil laws are wrongs against individuals
Substantive versus Procedural Laws
Substantive: Gives rights and responsibilities
Procedural: Means or procedures for enforcing substantive rights
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Classifications of Law
Common Law
Began in England in 1066 and continues today
Non-statutory law
Exists in court decisions
Following case precedent, or stare decisis, “let the decision stand”
Statutory Law
Passed by governmental body
Also known as Codified Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Classifications of Law
Law versus Equity
In common law England, remedies were separated into legal and equitable remedies
Legal = money
Equitable = injunctions, specific performance
Remedies were separated so that courts of chancery could give remedies when courts of law could not
Today all courts are authorized to award legal or equitable remedies
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Purposes of Law
Keeping Order
Influencing Conduct
Honoring Expectations
Promoting Equality
Law as the Great Compromiser
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Characteristics of Law
Flexibility
Examples: the Internet has required the courts to revisit when a contract acceptance occurs
Consistency
Example: allows businesses to rely on law for planning
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Pervasiveness
Example: laws covering formation, operation and dissolution of corporations do not unduly interfere with management flexibility
Characteristics of Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Case
Case 1.1 Yates v. U.S. (2015)
Statutory interpretation: Does a statute that prohibits destruction of documents and tangible objects cover fish?
Consider 1.2 U.S. v. Katakis (2015)
Statutory interpretation: Is it obstruction if you have a program on your computer that clears out your e-mail?
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Theory of Law: Jurisprudence
Incorporation of Theories or Values Into Definition of Law
Natural Law: Inviolate principles, regardless of laws – human rights
Holmes: “The life of the law … has been experience”
The Social Contract: Law reflects the desires of society for interaction
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Sources of Law
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©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Constitutional Law
Exists at federal and state level
Establishes government structure
Establishes individual rights
Sources of Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Statutory Law at the Federal Level
Enactments of Congress
United States Code. Citation = (e.g., 15 U.S.C. § 77)
Executive orders
Presidential orders
Administrative agency regulations
Code of Federal Regulations. Cite or citation = C.F.R. (e.g., 12 C.F.R. § 226)
Sources of Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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State Laws
Enactments of state legislatures
State Codes
Cite = Nevada Revised Statutes – N.R.S.
State administrative agency regulations
Local Laws
Ordinances
County or city statutes
Sources of Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Private Laws
Contracts
Leases
Employer regulations
Court Decisions
Language in statute unclear
Court provides interpretation or clarification of law
Sources of Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Sources
Custom (Country-by-Country)
Treaties
Bilateral − between two nations
Multilateral − among three or more nations
Geneva Convention − prisoners of war
Vienna Convention − diplomatic relations
Warsaw Convention − air travel
International Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Private Law or Party Autonomy
International Organizations (U.N.)
Act of State Doctrine
Expropriation
Confiscation or nationalization: taking of private property by a government
International Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Trade Laws and Policies
Tariffs
Treaties, e.g., GATT, NAFTA
Uniform International Laws
Contracts for the International Sale of Goods (CISG)
Similar to Article 2 of the Uniform Commercial Code (UCC)
International Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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The European Union (EU)
Group of countries in continental Europe
Aiming for barrier-free trade; uniform laws; ease in transaction negotiations and execution
Uniformity in currency, job safety, immigration, customs, licensing, and taxation
International Law
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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