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Understanding Law: Definition, Schools of Thought, and Torts, Study notes of Business and Labour Law

Shippensburg University of Pennsylvania (SU)Business and Labour Law

An introduction to law, discussing its definition and various schools of legal thought. It also covers the concept of torts, including their categories and examples. Students will learn about legal rights, social forces, and ethics, as well as the historical development of law and its sources. The document concludes with a brief overview of criminal law.

Typology: Study notes

2010/2011

Uploaded on 05/12/2011

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American Legal Environment
What is law? – Chapter 1
Definition
oRules societies adopt to govern itself; these must be subject to legal
sanctions or consequences
Comparisons
Classifications
Schools of Legal and Jurisprudential Thought
oNatural Law School
Based on morals and what’s “correct”
oHistorical Law School
Based on belief that law is an aggregate of social traditions and
customs
oAnalytical Law School
Law based on logic
oCommand Law School
Law based on those with (rule makers) and without (rule
followers) power
oCritical Legal Studies School
Proposes that laws are unnecessary
oLaw and Economics School
Promotes Economic efficient laws
oSociological Law School
Based on social justice
Most practiced today
Legal Rights and Social Forces and Ethics – Chapters 1, 2, 8
Legal Rights and Agencies for their Enforcement
Law as an Expression of Social Forces
Historical Development of Our Law – Chapters 1, 2, 3
Sources of Law
oConstitutions
Any law that conflicts with the U.S. Constitution is
unconstitutional and unenforceable
Created three branches and gave them each particular powers:
Legislative (Congress): Power to make the law
Executive (President): Power to enforce the law
Judicial (Courts): Power to interpret and determine the
validity of the law
oTreaties
With 2/3s consent of the Senate, the President may enter into
treaties with foreign governments.
Treaties become part of the supreme law.
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American Legal Environment

What is law? – Chapter 1  Definition o Rules societies adopt to govern itself; these must be subject to legal sanctions or consequences  Comparisons  Classifications  Schools of Legal and Jurisprudential Thought o Natural Law School  Based on morals and what’s “correct” o Historical Law School  Based on belief that law is an aggregate of social traditions and customs o Analytical Law School  Law based on logic o Command Law School  Law based on those with (rule makers) and without (rule followers) power o Critical Legal Studies School  Proposes that laws are unnecessary o Law and Economics School  Promotes Economic efficient laws o Sociological Law School  Based on social justice  Most practiced today Legal Rights and Social Forces and Ethics – Chapters 1, 2, 8  Legal Rights and Agencies for their Enforcement  Law as an Expression of Social Forces Historical Development of Our Law – Chapters 1, 2, 3  Sources of Law o Constitutions  Any law that conflicts with the U.S. Constitution is unconstitutional and unenforceable  Created three branches and gave them each particular powers:  Legislative (Congress): Power to make the law  Executive (President): Power to enforce the law  Judicial (Courts): Power to interpret and determine the validity of the law o Treaties  With 2/3s consent of the Senate, the President may enter into treaties with foreign governments.  Treaties become part of the supreme law.

o Codified Law  Statutes are written laws that establish certain courses of conduct that must be adhered to by covered parties.  The statutes enacted by the legislative branches of the federal and state governments are organized into codebooks – this is often called codified law.  State legislatures often delegate lawmaking authority to local government bodies called ordinances , which are also codified.

Torts (Civil Law)

Tort  French for “wrong;” private wrong arising out of a breach of duty created by the legal system. o Reasonable Person Standard  Opposite of crime, which is a wrong arising from the violation of a public duty created by the legal system.  Is possible to have a crime and a tort in one. Generalities  Must be able to prove monetary (money) damages  Sometimes the court involves intents Categories of Torts

1. Wrongs affecting person a. Tort of Assault i. Assault is the intentional act of putting a person in apprehension of personal injury ii. Does not involve a touching of the actual person b. Tort of Battery i. Battery is the intentional touching of another person without justification or consent of that person c. Tort of False Imprisonment i. The intentional confining of another for a measurable time within limits fixed by the one causing confinement d. Abuse of Process i. Someone brings a false suit against a person e. Defamation i. Injuring a person’s character, fame, or reputation through the use of false and malicious statements which are not privileged 1. Libel – written defamation 2. Slander – oral defamation

iii. Proximate cause

  1. The defendant’s actions are the most direct cause of plaintiff’s injury
  2. That cause of an injury, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which, the injury would not have occurred iv. Must full-fill the causable element of foresee-ability
  3. Defendant must be able to foresee what injuries could have taken place c. Contributory Negligence i. The plaintiff was equally negligent
  4. The two acts of negligence cancel each other and neither party has to pay d. Comparative Negligence i. Both parties were negligent, however the defendant was more negligent than the plaintiff e. The Thing Or Event Speaks For Itself i. Burden shifting device f. Gram-shop Acts i. Make taverns and bar-tenders liable for serving someone too much alcohol g. Social Host Liability i. Same as gram-shop, except with a party host, not bar-tender h. Landowner Liability i. Trespassers
  5. No duty of care is required ii. Licensee – someone you don’t invite, but has a legal reason to come onto your property
  6. Regular care of a person iii. Invitee – someone you invite onto your property
  7. Regular care of a person 5. Strict/Absolute Liability a. We say you can do it, but if something goes wrong then it’s instant liability i. Signing a waiver of liability from the firm to the person cannot be done

Criminal Law

State must prove guilt beyond a reasonable doubt.