Business Law study guide
Business Law Midterm
Chapter 1
- Nature of Law and Legal Rights
* Legal Rights: rights (legal capacity to require another person to perform or refrain from performing an act) and duties (obligation of law imposed on a person to perform or refrain from performing a certain act) coexist.
* Individual right: any statutes, ordinances, or court decisions cannot violate the rights given in Constitution.
* The Right of Privacy: Fourth Amendment (only search under reasonable suspicion) and protecting individuals against intrusions by others. (those who are not public figures)
Roe vs. Wade: right of privacy that gives women the right to choose whether to have abortion.
* Privacy and Technology
- Sources of Law
* Constitution Law: A body of principles that establishes the structure of a government and the relationship of that government to people who are governed. In each state: the state constitution and the federal Constitution.
* Statutory Law: includes legislative act. Both Congress and the state legislatures enact statutory law. All cities, counties and other governmental subdivisions have some power to adopt ordinances within their sphere of operations.
* Administrative Regulations: rules promulgated by state and federal administrative agencies. The regulations have the force of statutes.
* Private Law: consists of the rules and regulations parties agree to as part of their contractual relationships.
*Case Law, Statutory Interpretation and Precedent: Case law clarifies the meaning of statutes or provides statutory interpretation. When a court decides a new question or problem, its decision becomes a precedent, which stands as the law in future cases that involve that particular problem (stare decisis: using precedents). Common law: developing a body of law that is not statutory but addresses long standing issues.
* Treaties and Executive Orders: treaties made by US and proclamation and executive orders of the president of US or of other public
Chapter 1
- Nature of Law and Legal Rights
* Legal Rights: rights (legal capacity to require another person to perform or refrain from performing an act) and duties (obligation of law imposed on a person to perform or refrain from performing a certain act) coexist.
* Individual right: any statutes, ordinances, or court decisions cannot violate the rights given in Constitution.
* The Right of Privacy: Fourth Amendment (only search under reasonable suspicion) and protecting individuals against intrusions by others. (those who are not public figures)
Roe vs. Wade: right of privacy that gives women the right to choose whether to have abortion.
* Privacy and Technology
- Sources of Law
* Constitution Law: A body of principles that establishes the structure of a government and the relationship of that government to people who are governed. In each state: the state constitution and the federal Constitution.
* Statutory Law: includes legislative act. Both Congress and the state legislatures enact statutory law. All cities, counties and other governmental subdivisions have some power to adopt ordinances within their sphere of operations.
* Administrative Regulations: rules promulgated by state and federal administrative agencies. The regulations have the force of statutes.
* Private Law: consists of the rules and regulations parties agree to as part of their contractual relationships.
*Case Law, Statutory Interpretation and Precedent: Case law clarifies the meaning of statutes or provides statutory interpretation. When a court decides a new question or problem, its decision becomes a precedent, which stands as the law in future cases that involve that particular problem (stare decisis: using precedents). Common law: developing a body of law that is not statutory but addresses long standing issues.
* Treaties and Executive Orders: treaties made by US and proclamation and executive orders of the president of US or of other public