Understanding Law: Its Role, Sources, and Classifications in the United States, Study notes of Business and Labour Law

Download Understanding Law: Its Role, Sources, and Classifications in the United States and more Study notes Business and Labour Law in PDF only on Docsity! 1 Basics of the Law Chapter 1 Ethics Normative principles that distinguish right from wrong Govern an individual’s conduct E t bli h t d d th t id ths a s s an ar s a prov e e foundation for our legal system Not to be confused with legal standards What is Law? One of the most basic social institutions Consists of rules that regulate the conduct of individuals, businesses, and other organizations within society Intended to protect persons and their property from unwanted interference from others Law in the United States Singular – A law that must be obeyed & followed by society’s members Plural – How a society is governed – U.S. Governing Institutions Legislative Executive Judicial Legislative Branch Elected Body Constitutional Duty to Create Laws Congress – House of Representatives – Senate State Legislature Executive Branch Elected Officials Enforces Laws Enforces Judicial Decisions Federal Level – President State Level – Governor 2 Judicial Branch Federal Level – Appointed State Level El t d– ec e – Appointed Interprets Laws Sources of American Law Federal & State Constitutions Statutes or Ordinances Administrative Law Treaties Court Cases Sources of American Law Constitution – Highest source of law – Two Levels The U.S. Constitution – Supreme Law of the Land – Two Functions To establish the government To protect people from overreaching government powers State Constitutions – Supreme Law of the State – Same two functions as the U.S. Constitution – Must not conflict with the U.S. Constitution Sources of American Law Treaties – Agreements signed by the president with other sovereign states – Senate must ratify Statute – Law passed by the legislative branch – Signed by the executive branch Ordinance – Enacted by a city or county legislative body Sources of American Law Executive Powers in Creating Law – Executive (President / Governor) acts as a legislative leader influencing legislation – Executive Orders & Military Orders Administrative Laws – Regulations issued by governmental agencies regulating individuals and businesses Case Law – Common Law – Written & published judicial decisions that act as precedents or guides for current cases Common Law Writs Writ Habeas corpus Mandamus Quo warranto Meaning “You have the body” “We command” “By what authority” Replevin Certioari “Redeliver” “Review or inquiry”