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Questions and Answers
Which school of jurisprudence emphasizes the importance of tradition and custom in shaping the law?
What is the primary focus of the Cost Benefit Analysis school of jurisprudence?
Which school of jurisprudence holds that judges should consider factors beyond just the law, such as social and economic conditions?
What is the core belief of the Natural Law school of jurisprudence?
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Which school of jurisprudence is characterized by the phrase 'obey the law because authority created it'?
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What is the primary characteristic of the Legal Positivism school of jurisprudence?
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Which school of jurisprudence is most likely to depart from past court decisions to account for changing social and economic conditions?
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What is unique about the Cost Benefit Analysis school of jurisprudence compared to the other schools?
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What is the primary concern of employment and labor laws?
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What is the hierarchy of laws in the United States, from highest to lowest?
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What is the purpose of stare decisis in the legal system?
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What is the term for a collection of legal interpretations made by judges?
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What is the primary focus of public law?
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What is the term for past decisions in similar cases that guide later decisions?
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What are Restatements of the Law?
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What type of law regulates incidents in which someone commits an act against the public as a whole?
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Study Notes
Introduction to Business Law
- Relevant areas of business law applicable to human resource management involve:
- Agency law
- Contracts
- Employment and labor laws
- Employment discrimination
Types of Law
- Private law: regulates disputes between private individuals or groups
- Example: dispute between landlord and tenant
- Public law: regulates disputes between private individuals and government
- Example: dumping in violation of state or federal environmental laws
- Civil law: delineates the rights and responsibilities implied in relationships between persons or between person and their government
- Criminal law: regulates incidents in which someone commits an act against the public as a whole
- Government is the plaintiff
Hierarchy of Laws
- U.S. Constitution
- Federal Statutes
- State Constitution
- State Statutes
- Common Law
Common Law
- Collection of legal interpretations made by judges, and are law unless revoked by new statutory law
- Also known as Case Law
Precedent and Stare Decisis
- Past decisions in similar cases that guide later decisions, providing greater stability and predictability to the law
- Stare Decisis: a principle stating that rulings made in higher courts are binding precedent for lower courts
Restatements of the Law
- Summaries of common law rules in a particular area of the law that have been enacted in most states
- Guide interpretations of certain principles, but do not carry the weight of the law
Schools of Jurisprudence
- Five main schools: CHiLLiN
- Cost benefit analysis
- Historical School
- Legal Positivism
- Legal Realism
- Natural Law
Natural Law
- Recognizes the existence of higher law, or law that is morally superior to human laws
Legal Positivism
- Holds that a legal and authoritative hierarchy should exist, and obedience is expected when a law is made
- Three key points:
- Must abide by duly authorized law
- Law is distinct from morality
- Moral questions about the law should not interfere with our inclination to obey it
Historical School
- Follows tradition or custom to shape the law
- Closely linked with the doctrine of stare decisis
- Assumes past practice was the product of careful thought
Legal Realism
- Judges consider more than just the law, including social and economic conditions
- Judges should depart from past court decisions to account for the fact that society is constantly shifting and evolving
- Example: The law protects pregnant women
Cost Benefit Analysis
- An economic school of jurisprudence in which all costs and benefits of a law are given monetary values
- Laws with the highest ratios of benefits to costs are then preferable to those with lower ratios
- Example: Polluted land is an economic loss, and polluted water can be toxic for fish and cannot be used for drinking
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Description
Introduction to Business Law, covering topics such as agency law, contracts, employment and labor laws, and employment discrimination. Also, understanding the difference between private law and public law.
