Law Outline
Legal Environment of Business
Class Notes 8/19/13
2 Branches of Law
Civil vs. Criminal
Civil
Criminal
Burden of Proof (quantum/amount of evidence)
b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff's favor)
**Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt
Remedies Sought
Monetary damages
May seek other damage (act) to do or not do something
Jail or a fine or both
Moving (initiating) Party : who is initiating legal action
-Private , Plaintiff can be person who was wronged (private person or company)
**State can initiate a civil action too
State (can only be state) Sources of Law
(A) Legislatures :
Fed vs. State
Art. 1 Section 8 lays out the powers of the federal congress. If not laid out, then it is reserved to the states (10th amendment)
-Discrimination in Employment for example is a federal law
State Law (ex. Tort law, contract law)
- There are over 50 different contract laws. Every state has own contract/tort lsaws.
CONSTITUTIONS: g Constitutions are government charters. g They create and empower the various branches of government. g In addition, they establish the rights and obligations of persons under the jurisdiction of the government.
U.S. CONSTITUTION.
- Establishes the federal government
- And it establishes the limitations on both state and federal action – no state or federal law shall contravene the U.S. Constitution.
- i.e, it is the “supreme law of the land.”
- It establishes the three (3) branches of federal government:
(1) Legislative...the House of Representatives and the Senate, with the power to pass laws.
(2) Executive...President to agree to the laws passed and to carry them out, with the aid of other administrative personnel.
(3) Judicial...Creates the
Class Notes 8/19/13
2 Branches of Law
Civil vs. Criminal
Civil
Criminal
Burden of Proof (quantum/amount of evidence)
b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff's favor)
**Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt
Remedies Sought
Monetary damages
May seek other damage (act) to do or not do something
Jail or a fine or both
Moving (initiating) Party : who is initiating legal action
-Private , Plaintiff can be person who was wronged (private person or company)
**State can initiate a civil action too
State (can only be state) Sources of Law
(A) Legislatures :
Fed vs. State
Art. 1 Section 8 lays out the powers of the federal congress. If not laid out, then it is reserved to the states (10th amendment)
-Discrimination in Employment for example is a federal law
State Law (ex. Tort law, contract law)
- There are over 50 different contract laws. Every state has own contract/tort lsaws.
CONSTITUTIONS: g Constitutions are government charters. g They create and empower the various branches of government. g In addition, they establish the rights and obligations of persons under the jurisdiction of the government.
U.S. CONSTITUTION.
- Establishes the federal government
- And it establishes the limitations on both state and federal action – no state or federal law shall contravene the U.S. Constitution.
- i.e, it is the “supreme law of the land.”
- It establishes the three (3) branches of federal government:
(1) Legislative...the House of Representatives and the Senate, with the power to pass laws.
(2) Executive...President to agree to the laws passed and to carry them out, with the aid of other administrative personnel.
(3) Judicial...Creates the