BUS 221 Study Guide - Fall 2018, Comprehensive Midterm Notes - United States Constitution, United States Congress, Privileges Or Immunities Clause
12 Oct 2018
School
Department
Course
Professor
BUS 221
MIDTERM EXAM
STUDY GUIDE
Fall 2018
BUS 221 Lecture 1
What is Law?
-A set of enforceable rules that govern society!
-Govern relationships between individuals and their society!
Functions of Law
-Facilitating orderly change !
-Starts as a petition, then a bill, then to committee, etc…!
-Facilitating planning !
-Keeping the peace!
-States prohibit certain activities!
-Fairness to people/ society !
-Keep states/local safe !
-Maintaining the status quo!
-Maximizing individual freedoms !
-Bill of Rights !
-Promoting social justice !
-Providing a basis for compromise !
-Shaping moral standards!
-Murder, anti-discriminatory laws!
Qualities of the Law
-Fairness v.s. Flexibility!
-Law follows societal changes or the law changes society !
-EX: Laws such as Brown v. Board of Education overturned Plessy v. Ferguson which
stated “separate but equal.” The B v. BoE was a law that changed and society had
to follow!
-EX: Society demanded a change in the laws of women’s rights, voting rights,
marriage rights and thus the law changed as a result !
Schools of Jurisprudential Thought
-Natural law: there is a higher law that we have basic human rights!
-Positivist law: legal laws (laid by a government) are the laws we must follow!
-Legal realism: laws will change with society and it cannot be uniformly applied
(realistic)!
-Sociological school!
-Feminist school!
-Law and Economics: intertwine these categories to have overall success as a nation !
-EX: Anti-Miranda Rights… supply and demand of lawyers and cases !
find more resources at oneclass.com
find more resources at oneclass.com
Precedent: Stare Decisis
-Mandatory !
-Made from decisions that have been tried !
-Made from decisions by higher Courts!
-State supreme court (top), state appellate court (mid), state trial court (low)!
-Persuasive !
-The rule of precedent promotes uniformity, provides predictability, and allows for an
efficient judicial system !
-As a defense, you must distinguish your case from a precedent to separate it from
precedents !
-As a plaintiff, you must try to prove that your case is similar enough to a precedent
to allow for the same/ similar ruling !
Law
Federal: US Constitution !
-Executive!
-Executive orders !
-Treaties !
-Legislative!
-Federal Statutes (made by Congress)!
-Judicial !
-Federal case decisions (common law/ case law)!
-Administrative agencies!
-Police laws !
-Federal regulations !
State: State Constitution !
-Governor (Gubernatorial) Orders !
-State statutes !
-State case decisions (common law/ case law)!
-State regulations !
-EX: worker’s compensation!
Local: !
-Municipal ordinances !
-EX: You cannot use the town pool after 10:00 pm!
-City cases !
-City regulations !
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
A set of enforceable rules that govern society. Govern relationships between individuals and their society. Starts as a petition, then a bill, then to committee, etc . Law follows societal changes or the law changes society. Ex: laws such as brown v. board of education overturned plessy v. ferguson which stated separate but equal. the b v. boe was a law that changed and society had to follow. Ex: society demanded a change in the laws of women"s rights, voting rights, marriage rights and thus the law changed as a result. Natural law: there is a higher law that we have basic human rights. Positivist law: legal laws (laid by a government) are the laws we must follow. Legal realism: laws will change with society and it cannot be uniformly applied (realistic) Law and economics: intertwine these categories to have overall success as a nation. Ex: anti-miranda rights supply and demand of lawyers and cases.
