Describe the differences of common law, statutory law, and case law.
Respond to the following questions:
Describe the differences of common law, statutory law, and case law.
Explain the interaction of laws enacted by Congress or state legislatures and regulations adopted by the executive branches (i.e., the President or state governors)? For example, are regulations dependent on or independent of laws?Submit your completed assignment in MS Word or PDF format via the Assignment 1 link
Requirements: two pages
Business Law for Technical ProfessionalsFoundations of the Law and Regulations that Affect Business
2Overview§What does phrase, ‘we are a nation of laws’ mean?oPresident John Adams popularized the concept, stating the U.S. is “A government of laws not men.”oPoint then and now, is the U.S. is not a monarchy, not governed by royalty§The following exchange captures the essence of the founding principle:oROPER: So now you’d give the Devil benefit of law?oMORE: Yes. What would you do? Cut a great road through the law to get after the Devil?oROPER: I’d cut down every law in England to do that!oMORE: And when the last law was down, and the Devil turned round on you –where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast… and if you cut them down… d’you really think you could stand upright in the winds that would blow then? §Robert Bolt, A man for all seasons, 37-38 (1962), quoted in Tenn. ValleyAuth. v. Hill, 437 U.S. 153, 195 (1978) (Burger, C.J.).
3Overview§Introduction to how the U.S. operates as a nation of laws by explaining:1.Role of the three branches of government:oExecutive (Office of President), Legislative (Congress) and Judiciary (the Courts)2.The Sources of the laws, regulations and policies that govern business:oThe Constitution, Statutory Law, and Common Law, in that order
4The Three BranchesA key to comprehending the laws that affect business, is to understand the role of separation of powers created by the Constitution –copied inApp. 2 of Anderson text§LegislativeoU.S. Constitution, Article 1oCongress makes the laws§ExecutiveoU.S. Constitution, Article 2oPresident enforces the laws (and adopts regulations which interpret the laws)§JudicialoU.S. Constitution, Article 3oCourts interpret the laws and regulationsCheck out -School House Rock, The Preamble; School House Rock, I’m Just a Bill
5Three Branches of GovernmentLegislative Branch Enacts:§Bills, which when signed by President become law.Executive Branch Implements:§headedby the President &implemented throughagencies, e.g., IRS, FTC, EPA, etc.§Agenciesissue regulationsthrough the administrativerule making process to fill inthe gaps created by thegeneral directive of the lawsadopted by Congress.Judicial Branch Interprets:§If regulations properlyreflect the mandates anddirectives in the laws,§If the laws and regulationsare Constitutional, and§If the agencyimplementation and interpretationof the regulations is consistentwith the laws.
6Common Law: The Domain of the Judiciary§Court-created law to redress wrongs and provide solutions to persons harmed by the actions of others.§Stare Decisis, the principle that cases should be decided according to consistent principled rules so that similar rules will yield similar results.§Successful common law claims may provide monetary compensation or injunctiverelief.§It constantly evolves, which keeps law students, lawyers, and courts busy and befuddled.
7Common Law§Four basic common law actions:1.Negligence2.Strict liability3.Nuisance4.TrespassoSee Anderson, pp. 151-158 for a thorough overview of each.§Some common law actions directly involve businesses, e.g., Defamation, Product Disparagement and Interference with ContractsoAnderson covers these on pp. 148 -150
8Statutory Law: The Domain of the LegislatureEstablished by legislatures, Congress or state legislatures§Federal laws passed by the Congress, signed by presidentoExport, import Laws, intellectual copyright lawsoLabor laws,energy laws, environmental laws§State laws passed by state legislatures, signed by governorsoOnly apply to a company if it has offices or does business in that state§Often state laws modeled on federal laws, e.g., Uniform Commercial Code,Clean Water Act§Can override common law rules, subject to the boundaries set by the Constitution
9Scope of Statutory LawThe federal and state laws govern, or some would say intrude, into virtually every aspect of our lives§Learning and comprehending the ins and outs of the laws is a daunting task; regulations implementing them add significantly to thedifficulty§Just when you think you start to understand them Congress or your state legislaturemodifies them or adds new ones§Difficult and time-consuming to keep current; this is the reason why lawyers specialize §Goal for theclass is togive you anidea of where to lookfor changesaffecting you or your company, when you need to. See,App. 1 ofAnderson text
© The Johns Hopkins University 2021, All Rights Reserved.
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
