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BA 30310 Study Guide - Comprehensive Final Exam Guide - Supreme Court Of The United States, Common Law, Tort


Department
Business Administration
Course Code
BA 30310
Professor
Tim Balko
Study Guide
Final

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BA 30310

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Lecture 1 Notes
Purposes of Law:
o 1. Constrains business
keep businesses from hurting people
o 2. Facilitates business
protecting intellectual property rights
o 3. Protect interest of all parties
getting the balance right
What is the Law?
o Law is complex because dealing with complex issues
o Body of American Law = HUGE
Primary Sources of Law:
o 1. Constitution
federal constitution and then each state has a constitution
Constitution = supreme law of the land
o 2. Statues
Layers of law
states and city laws cannot conflict with federal law
Federal Clean Air Act
federal environmental law
Statutes = published in code books
over 250 volumes of U.S. code
Statues are passed by legislature while regulations are put in place by an
administrative agency
o 3. Regulations
Flesh out details of what is required
has the force of law
Administrative Agencies = have all the power
Legislative Power to write regulations
executive power to enforce rules
judicial power to adjudicate compliance and assess penalties
EPA =
o example of Lily trying to get a permit from the EPA about
dumping but EPA has the administrative power to give them
that permit and could deny them
o Example =
sec manages publicly traded companies
o 4. Case Law
Reliance on case law makes us a common law system
Using past cases with similar facts and issues to decide on cases
o Other sources of law = treaties and executive orders
Treaties =
agreements between nations
enforceable only between nations
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Executive Orders =
issued by the president that are generally followed
Statute vs Case Law:
o How to distinguish =
statute says “Indiana Code Section 4.3 – Relatively concise rule of law”
o Case =
narrative about a particular dispute
judge describes what happens and then discussing legal issues etc.
From this narrative
lawyers and judges are going to distill rules of law based on this
o What governs if a statute and case in the same jurisdiction conflict =
statutes will prevail because nothing can conflict with the constitution
Case law is still important because judges are going to interpret the law
Classifications of Law:
o 1. Criminal Law
Punishments are usually jail or fines to the government
o 2. Civil Law
Compensation for the victim is usually the end result
o 3. Substantive Law
About specific things that need to be followed
Impose obligations or give rights
Regulations can have both substantive and procedural effects
o 4. Procedural Law
Focus is to make sure that all parties to the dispute on substantive law are
abiding
procedural law is really about how to handle substantive law
Ignorance of the law = NOT a defense
o But it is impossible to know the law in all these areas and the law is changing all the
time
o Lawyers tend to specialize in a certain type of law because there is just way too
much out there
o Goals of Law School:
1. Learn to think like a lawyer
2. How to do legal research
finding relevant statutes and cases
Must see evidence of legal research, citations to sources, etc.
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