Introduction to Law: Understanding the Legal System and Sources of Law - Prof. Lara Grow, Study notes of Business and Labour Law

Download Introduction to Law: Understanding the Legal System and Sources of Law - Prof. Lara Grow and more Study notes Business and Labour Law in PDF only on Docsity! Chapter 1 – Introduction to Law - What is law? o Three primary elements  A rule  Laid down by the government  Enforced by the government o In order for a law to be effective, it has to be written down and accessible to public o The law provides certainty, predictability, and stability  The law allows businesses and individuals to have the confidence to enter business agreements and make long-term investments - Types of law o Common law vs. civil law  Common law emphasizes the role of judges in interpreting and applying the law  Civil law relies more on legislation than judicial decisions  US uses common law system o Public law vs. private law o Criminal law vs. civil law o Substantive law vs. procedural law - Sources of law o Constitutions  US constitutions  It’s the rule, but doesn’t have every rule  State constitutions  States also have constitutions which establish and regulate the state governments o Legislation  Laws passed by elected representatives  Statute or act o Statute- law passed by Congress of a state legislature  Ex. Last year passed health care act which goes into effect in 2013, says everyone has to purchase health insurance or have to pay a fine  Ex. State statute – HOPE scholarship  Ordinance – law passes at local level and only applies to that city; in certain neighborhoods where students can’t live as more than 3 students; open container laws in Athens  We elect Congress people to go pass laws and we have to abide by what they say