Business Law
Autor: emparis29 • March 26, 2016 • Course Note • 5,004 Words (21 Pages) • 655 Views
1/11/16
Goals
- Substantive vs Procedural Law
- Proactive not reactive- “Oh shit rule”
- Change the way you think. Critically (incorrect done on purpose) ex: fatally killed, arsine fire, free gift. Gilding the Lily (filling up space)
1/13/16
Law- Three Parts
- Rules and behavior- supposed to do or not supposed to do.
- Rules of enforcement- what happens
- Resolution to the alleged violation of the rules and behavior- where is the issue resolved
EX: Stop sign, don't stop cop rights you a ticket. Court.
-matches and correlates to the US constitution
-executive branch (ex FBI) enforces
-judicial- where you go to address
Purposes or functions
- Keeping the peace- criminal laws (ex. embezzlement)
- Legislating morality- alcohol, tobacco, abortion, gambling. Gov tries to legislate morality. (ex. Planned parenthood case selling of fetal tissue. Gov is trying to defund planned parenthood.)
- Promote Social Justice- discrimination, employment law (equal pay act, civil rights act)
- Orderly Change- how laws become laws. under all legislative schemes- 2 parts
a. notice (agenda)
b. opportunity to be heard
5. Maintaining the status quo- preserving the gov. when elections take place and how. Constitutional rules regarding eligibility to serve in office. (Ex. Being a natural born citizen to serve in the US)
6. The Planning Function- Business laws (zoning, land use, height of your building, multi family on single family property, widening of roads, building parking facilities)
-orderly change and planning function go hand in hand—> any change needs to be discussed
7. compromise- bill comes out and decided on by both bodies. alternative dispute resolution- comes with compromise. facilitate compromise and resolution.
8. protect your freedom- rights, inalienable cannot be taken from you.
Sources of the Law
- Constitution- state and government. Article 3- commerce clause. gives congress the power to direct and dictate the regulations of business.
- Treaties- significant impact. NAFTA
- Statutes- written law. passed by legislatures. signed by governors and president (small business corporation act)
- Administrative orders
- Executive orders- checks and balances.
- common law- judge made law. Plessy v ferguson-> brown v board.
- concept of justice- how someone thinks about justice. same philosophical points go into how they will treat business. trevon martin
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Prudence- study of the philosophy of the law
3 parts
- Legal Positivist- common thread- enforcement biolitical authority. if a law is properly enacted, obligated it follow it.
- Natural Law thinker- moral laws bind and man made laws. don't have to obey it. an unjust law does not affect.
- Legal realism- natural law intonations, legal positivist intonations. Recognizes conflict between the two, tries to reach realistic resolution. (moment of silence in public school) separation of church and state.
Ethics
- how people think
- no direct answer
- corporations do not have ethics, the people that run them do
- moral values and moral principles or values that govern an individual and their conduct
- ethical behavior is not always legal behavior
- 2 major categories
- result oriented thinkers- teleological thinkers. start at the result and work backwards in the analysis for the moral justification for what they have done. determine result and choose the path to get there
a. egoist- satisfies self interest. an act is morally right if there is more good for the egoist than harm for the other person.
b. utilitarian- act is morally right if there is more good for the group than harm for another.
2. deontological- thinkers that act out of a sense of duty without regard to result.
a. goodwill thinker- acts out of a sense of duty. does not care about a result. picks the duty that is primary. ex. boy scout returns purse with $2,000.
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