Quản trị kinh doanh - Foundations of american law

Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin1The Nature of LawThe Resolution of Private DisputesBusiness and The ConstitutionBusiness Ethics, Corporate Social Responsibility, Corporate Governance, and Critical ThinkingFoundations of American LawPARTThe Nature of LawPAETRHC1“The sacred rights of mankind . . . are written, as with a sun beam in the whole volume of human nature, . . . and can never be erased or obscured by mortal power.” Alexander Hamilton, 1775 Learning ObjectivesTypes and sources of lawImportant legal doctrinesClassification of lawJurisprudence and legal reasoningStatutory interpretationLimitations on judicial powerTypes and Classifications of LawFederal, state, and tribal level:Constitution: establishes governmental structure, specific rights and dutiesStatute: enacted by legislative body to regulate conductCommon Law: case law (judge-made)Administrative Law: agency rules to implement enforcement of statutesIssued at the chief executive level: Executive Order: under limited powersExamples: with other nations, by the U.S. president on behalf of the nation, ratified by the U.S. SenateExample: The Antarctic TreatyTypes and Classifications of LawImportant DoctrinesStare Decisis (let the decision stand) is the doctrine of precedent applied in common lawEquity is applied by the judiciary to achieve justice when legal rules would produce unfair resultsFederal supremacy: a rule of priority for conflicts between laws that holds the U.S. Constitution is the supreme law of the landSupremacy Clause, Article VI, Section 2, of the U.S. ConstitutionClassification of LawCriminal law establishes duties to societyGovernment charges and prosecutes defendant, who is found guilty or innocentConvicted defendant will be imprisoned or finedCivil law establishes duties between private partiesPlaintiff sues defendant for monetary damages or equitable reliefA defendant will be held liable or not liableClassification of LawSubstantive law establishes rights and duties of people in societyProcedural law establishes how to enforce those rights and dutiesPublic law refers to the relationship between governments and private partiesPrivate law refers to the regulation of conduct between private partiesJurisprudenceJurisprudence refers to the philosophy of law as well as the collection of lawsLegal positivism: law is the command of a recognized political authorityJust or unjust, law must be obeyedNatural law: universal moral rules bind all people whether written or unwrittenUnjust positive laws are invalidJurisprudenceLegal realism defines law as the behavior of the judiciary as they rule on matters within the legal system Thus law in action dominates positive lawSociological jurisprudence unites theories that examine law within its social contextLegal ReasoningBasically deductive, with legal rule as major premise and facts as the minor premiseResult is product of the twoCourt may stand on precedent or distinguish prior case from current caseIf precedent inapplicable, new rule developedStatutory InterpretationPlain meaning rule: court applies statute according to usual meaning of the wordsCourts examine legislative history and purpose when plain meaning rule is inadequateCourts may interpret a statute in light of a general public purpose or public policyCourts follow prior interpretation of a statute (precedent) to promote consistencyLimitations on Judicial PowerCourts limited to deciding existing cases or controversiesIn other words, the dispute must be current and not yet resolvedHowever, a declaratory judgment allows parties to determine rights and duties prior to harm occurringParties must have standing (direct interest in the outcome) to sueThought QuestionWhat do you think the authors of the U.S. Constitution would think about current legal issues in our society?