Business Law Unit 1 Law, Justice, and You

Lesson 1-2Types of Laws

Identify the four sources of law Discuss how to resolve conflicts between

different sources of laws Compare and contrast criminal and civil law,

and substantive and procedural law

Goals

Document that sets forth the framework of a government and its relationship to the people it governs

You are governed by the: Constitution of the United States Constitution of the State of New Jersey

The Supreme Court of the United States is the final interpreter of the federal Constitution

The New Jersey Supreme Court is the final authority of the state constitution

Constitutions

When courts interpret constitutions, constitutional law is made

Federal Constitution is “the supreme law of the land” Fed. Constitution is the main instrument for

allocating powers between people and their governments

Bill of Rights – 1st 10 amendments First ten amendments

Protects people from actions of their government Freedom of speech, right to remain silent, etc

Constitutions

Fed. Constitution allocates power between federal and state government

Interstate commerce taken care of by federal government

Intrastate commerce taken care of by the state government

Constitutions

Allocation of power among the branches of government

Three branches of government: Executive Legislative Judicial

System of checks and balances

Constitutions

The federal Constitution created the Congress of the U. S.

State constitutions created the state legislatures

Both are composed of elected representatives of the people

These legislatures enact laws called statutes.

Statutes

Created by the Judicial Branch Can be both at Federal and State Level After Trial is ended and appeal is made the

appellate court publishes it’s opinion = case law

Case Law states new rules to be used in deciding similar/same cases

Stare Decisis – “Let the decision stand” Not always binding to the supreme court

Case Law

Federal, state, and local legislatures all create administrative agencies

Governmental bodies formed to carry out particular laws Social Security Administration (federal) New Jersey Department of Transportation (state) Zoning Commission (local)

Usually controlled by the executive branch of government that formed the agency

Administrative Regulations

Legislative power Authorized to create administrative laws

Rules and regulations Limited judicial power

Hearings Make determinations of fact Apply the law to particular cases

Administrative Regulations

Any federal, state, or local statute, case law or admin. decision is not valid if it conflicts with the constitution (unconstitutional)

The people have the power to amend the constitution if they disagree with the Supreme Court’s interpretation

Conflicting Laws

Statutes and validity Must be constitutional to be valid Court can examine to see if the body that authorized it exceeded the

scope of their powers Administrative regulations and validity

Must be constitutional to be valid Court can examine to see if the body that authorized it exceeded the

scope of their powers Case law and validity

Courts are not the final authority Statutes can be abolished or rewritten Administrative agencies can revise regulations if challenged People, through votes for representatives, have power to amend

constitutions

Conflicting Laws

Civil and criminal laws Procedural and substantive laws Business law

Uniform business laws

Main types of Laws

Civil law When the private legal rights of an individual

are violated One person has a right to sue another person Police do not take action in civil conflicts

Civil v. Criminal Law

Criminal law Crime—an offense against society

Disrupts the stable environment that we depend on to make civilization work

Government acts in the name of all the people to investigate an alleged crime

Conviction Fine Imprisonment Execution (in some states)

*An offense can be both a crime and civil offense.

Civil v. Criminal Law

Procedural law Deals with methods of enforcing legal rights

and duties How and when police can make arrests Trial methods Stare decisis Rules for determining the supremacy of

conflicting laws

Procedural v. Substantive Laws

Two types of Procedural

Criminal Procedure

Defines the process for enforcing the law when someone is charged with a crime

Civil Procedure

Used when a civil law has been violated

Concerned only with private offenses

Police and public prosecutors generally don’t get involved

Substantive laws Defines rights and duties Concerned with all rules of conduct except

those involved with enforcement Defines offenses

Murder Theft Vehicular homicide, etc.

Substantive Laws

Covers rules that apply to business situations and transactions

Mostly civil law Contracts Torts—private wrongs (civil offenses) against

people or organizations Uniform Commercial Code (UCC)-a set of laws

that is formulated hoping states will adopt them.

Business Law

Types of Laws