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LPP 255 (13)
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Chapter 1

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Law & Public Policy
LPP 255

Chapter 1 • Entering a contract: o Breach= breaks, fails to perform o Payment  How do you ensure you will be paid o Negotiable Instruments= checks, creditors rights  Options for a check made to insufficient funds o Liability for defective product • Primary Sources of Law- sources that establish the law o 1. US Constitution and constitutions of states  Constitutional law  Supreme law of the land  10 Amendment- reserves to the states all powers not granted to the federal government o 2. Statutory law (including laws passed by Congress, state legislature, local governing bodies  Laws enacted by legislative bodies at any level of govt • Passed by Congress, state legislatures  Also includes ordinances- laws, rules, orders passed by municipal or county governing units not covered by federal or state law  Federal statute applies to all states  Uniform laws= models laws for states to consider adopting • Each state has the option of adopting or rejecting o 3. Regulations created by administrative agencies  Administrative law= rules, orders and decisions of administrative agencies  Administrative agency= federal, state or local govt agency established to perform a specific function  Executive agencies= subject to authority of the president, has the power to appoint and remove officers • Ex. FDA  Independent regulatory agencies= at the federal level • Ex. Federal Trade Commission, SEC, FCC  Local/state level • Ex. Environmental ProtectionAgency o Case law and common law doctrines= announced in court decisions • Case law= doctrines/principles announced in cases (governs all areas not covered by statutory law or administrative law) • Judge made law • Secondary Sources of Law- books/articles that summarize and clarify the primary sources o Courts refer to these for guidance in interpreting and applying primary sources o Legal encyclopedias, treatises, articles in law reviews, compilations of law o Restatements of Law • Common Law= body of general rules that applied throughout the entire English realm o Remedies= legal means to enforces a right or redress a wrong  Award compensation  Remedies at law (land, items of value, money)  Courts of law awarded this compensation o Courts of equity= notions of justice, fair dealing  Remedies
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