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Introduction to Law &

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One of the most important cases ever decided by the U.S. Supreme Court is Brown vs. Board of Education. In your opinion what does the Equal Protection Clause of the 14th Amendment to the US Constitution provide? Do you feel Brown vs. Board of Education is still relevant in our current society? Why or why not?;1;What is Law?;The law consists of rules that regulate conduct of;individuals, businesses, and other organizations;within society;It is intended to protect persons and their;property from unwanted interference from;others;The law forbids persons from engaging in certain;undesirable activities;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 2;Definition of Law;That which must be obeyed and followed by;citizens, subject to sanctions or legal;consequences;A body of rules of action or conduct prescribed;by controlling authority and having binding legal;force;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 3;Functions of the Law;Keeping the peace;Shaping moral standards;Promoting social justice;Maintaining the status quo;Facilitating orderly change;Facilitating planning;Providing a basis for compromise;Maximizing individual freedom;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 4;Qualities of the Law;Fairness;The U.S. legal system is comprehensive, fair, and;democratic;Flexibility;The U.S. law evolves and changes along with the;norms of society, technology, the growth and;expansion of commerce in the U.S. and the world;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 5;Schools of Jurisprudential Thought;Natural Law School;Law is based on what is correct;Law should be based on morality and ethics;Historical School;Law is an aggregate of social traditions and customs;Changes in the norms of society will gradually be;reflected in the law;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 6;Schools of Jurisprudential Thought;Analytical School;Law is shaped by logic;The emphasis is on the logic of the result rather than;on how the result is reached;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 7;Schools of Jurisprudential Thought;Sociological School;Law is a means of achieving and advancing certain;sociological goals;The purpose of law is to shape social behavior;Command School;Law is a set of rules developed, communicated, and;enforced by the ruling party;The law changes when the ruling class changes;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 8;Schools of Jurisprudential Thought;Critical Legal Studies School;Legal rules as unnecessary;Legal disputes should be circumstantially solved by;applying arbitrary rules of what is deemed fair;Law and Economics School;Promoting market efficiency should be the central;concern of legal decision making;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1- 9;History of American Law;English system of law was adopted as a system of;jurisprudence in early American colonies;Acted as a foundation for American judges to;develop a common law in America;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-10;English Common Law;Developed by judges who issued their opinions;when deciding cases;Principles announced in these cases became;precedent for later judges deciding similar cases;English Common Law can be divided into cases;decided by different courts;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-11;English Common Law;Law Courts;Uniform system of courts emphasizing form over;substance;Granted only monetary damages;Courts of Chancery (equity courts);Equitable remedies shaped to fit each situation;Merchant Courts;Solved commercial disputes based on trade practices;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-12;Sources of Law in the United States;Constitutions;The U.S. Constitution is the supreme law of the land;Establishes structure of federal government;Legislative branch;Executive branch;Judicial branch;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-13;Sources of Law in the United States;Enumerates federal powers;Reserves all other powers to states;State have their own constitutions;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-14;Sources of Law in the United States;Treaties;The President, with the advice and consent of the;Senate, may enter into treaties with foreign;governments;Treaties become part of the supreme law of land;Treaties affect international business;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-15;Sources of Law in the United States;Federal Statutes;Statutes are written laws that establish certain courses;of conduct that covered parties must adhere to;The U.S. Congress enacts federal statutes;Federal statutes are organized in to code books;These code books constitute codified law;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-16;Sources of Law in the United States;State Statutes;State legislatures enact state statutes which are placed;in code books or on the Internet;Ordinances;Law enacted by local government bodies;Ordinances are codified;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-17;Sources of Law in the United States;Executive orders;Issued by the president and state governors;Example - Prohibiting U.S. companies to sell goods and;services to an enemy country during war;Power derived from express delegation from;legislative branch or implied from constitutional;powers;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-18;Sources of Law in the United States;Regulations and Orders of Administrative;Agencies;Empowered by legislative and executive branches of;government;Adopt rules and regulations;Enforce statutes;Hear and decide disputes;Many agencies regulate business;Example SEC & FTC;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-19;Sources of Law in the United States;Judicial decisions;Federal and state courts issue judicial decisions;Judicial decisions state the rationale used by the court;in reaching that decision;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-20;Sources of Law in the United States;The rationale includes;Interpretations of statutes;Ordinances;Administrative regulations;Announcement of legal principles;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-21;Doctrine of Stare Decisis;Based on the common law tradition, past court;decisions become precedent for deciding future;cases;Lower courts follow the precedent established by;higher courts;Federal and state courts follow the precedents;established by U.S. Supreme Court decisions;Courts in one jurisdiction are not bound by;precedent of another jurisdiction, but may look;at it for guidance;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-22;Priority of Law in the United States;The U.S. Constitution and treaties take;precedence over all other laws;Federal statutes take precedence over federal;regulations;Valid federal law takes precedence over;conflicting state or local law;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-23;Priority of Law in the United States;State constitutions rank as the highest state law;State statutes take precedence over state;regulations;Valid state law takes precedence over local laws;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-24;Digital Law;The electronic age arrived before new laws were;written that were specific for this environment;Courts have applied existing laws to the new;digital environment by requiring interpretations;and applications;Congress has enacted new federal statutes to;regulate the digital environment;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-25;Employment Law;Prior to Industrial Revolution employment;relationship in the United States was subject to;common law;Changes occurred as result of industrial;revolution in late 1800s;Various issues became prevalent including child;labor, unsafe working conditions, long hours;low pay, immigration, occupational safety;other related laws related to employment;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-25;Employment Discrimination;Previously employers could use almost any;criteria to justify hiring, promoting or;terminating an employee.;Changes have occurred however unless there is a;contract in place, employees can be terminated;27;Employment at Will Doctrine;A contract for employment;Indeterminate term;Terminable at will by either party;Traditional American rule for employeremployee relations;28;Exceptions to Employment at Will;Public Policy Exception;Prohibits termination for an employee taking certain;actions in the public interest;Implied Covenant of Good Faith and Fair;Dealing Exceptions;Based on concept that every employment contract;(written or unwritten) contains implicit;understanding that parties will treat each other fairly;29;Copyright 2013 Pearson Education, Inc. Publishing as Prentice Hall.;1-26;Additional Requirements;Min Pages: 1;Level of Detail: Show all work;Other Requirements: Please make sure to cite your work using APA style guidelines. If you pulled information from a scholarly source, it must be cited both in the form of an in-text citation, and listed as a reference at the end of your post.

 

Paper#17847 | Written in 18-Jul-2015

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