Basics of Law: Understanding Legal Principles and Sources - Prof. John Cates, Study notes of Business and Labour Law

Download Basics of Law: Understanding Legal Principles and Sources - Prof. John Cates and more Study notes Business and Labour Law in PDF only on Docsity! Chapter 1 Basics of the Law Basics of the Law • Law – Enforceable Rules governing relationships among individuals and between individuals and their society • Law’s intended purpose – Protect • Persons • Property • From unwanted interference by others – Prevent anarchy? Other Jurisprudence Schools • Legal Positivism • Historical School • Legal Realism EXHIBIT 1-1 AREAS OF THE LAW THAT MAY AFFECT BUSINESS DECISION MAKING ETE SS Decision Making Legal vs. Ethical • Business decision makers need to consider not just whether a decision is legal, but also whether it is ethical. Basics of the Law – Executive powers • Executive Orders – Non-discriminatory hiring practices imposed through federal contracting – Affirmative action • Signing Statements – Statutes and ordinances • Statues passed by legislative bodies • Ordinances passed by cities or counties – Administrative rules and regulations – Case law • Text cites 1066 Battle of Hastings, William the Conqueror, as the start of Common Law Basics of the Law • Common law procedural writs – Mandamus – We command – Quo warranto – By what authority – Replevin - Redeliver – Habeas corpus – You have the body – Certiorari – Review or inquiry Basics of the Law • Stare Decisis – “To stand by the decision” – Precedent • Mandatory • Persuasive • Purpose of Stare Decisis – Efficiency – Uniformity – Stability – Predictability