Submitted by: Submitted by rofqrcwf
Views: 155
Words: 495
Pages: 2
Category: Business and Industry
Date Submitted: 04/19/2013 06:44 PM
Important
Points
from
Class
1
Primary
sources
of
the
law:
1. United
States
Constitution
and
the
Bill
of
Rights
a. 10th
Amendment
allows
states
to
regulate
what
is
not
reserved
to
the
federal
government
b. State
Constitutions
reflect
principles
similar
to
U.S.
Constitution
2. Federal
statutes
enacted
by
the
U.S.
Congress,
agency
regulations
a. State
counterparts:
state
codes,
agency
regulations
b. Local
government
(countries,
cities,
towns)
ordinances
3. Treaties
between
sovereign
governments
4. Common
law
–
judicial
decisions
that
interpret
and
apply
1
–
3
above.
a. Stare
decisis:
judicial
doctrine;
judges
follow
legal
precedents
b. Predictability,
efficiency
c. When
there
is
no
common
law
i.e.,
cases
of
first
impression:
new
applications
of
the
law
or
new
law
applied
to
controversies
i. Look
to
the
morals,
values,
customs
of
society
ii. Apply
analogies
in
the
common
law
iii. Caveat:
first
movers
carry
the
greatest
burden
and
cost
Civil
v.
Criminal
Law
Civil
Law:
addresses
rights
and
remedies
between
persons,
which
includes
individuals,
companies,
governments.
Common
causes
of
action
are
for
injuries
due
to
(1)
breach
of
contract
or
(2)
torts
based
on
(a)
intentional
conduct,
(b)
negligence
or
(c)
strict...