The Law and Our Legal System

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UNIT

The Law and Our Legal System

2 Ethics

UnIT COnTEnTS

1 Introduction to the Law and Our Legal System

3 The Role of Courts in Our Legal System 4 Constitutional Law 5 Torts and Cyber Torts 6 Intellectual Property 7 Criminal Law

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Introduction to the Law and Our Legal System

FACInG A LEGAL PROBLEm

John and Elaine are involved in a lawsuit. John argues that for fifty years, in cases that involved circumstances similar to those in this case, judges have ruled in a way that indicates the judge in this case should rule in John’s favor. Is this a valid argument? If so, does the judge in John and Elaine’s case have to rule as those other judges have? What argument could Elaine use to counter John’s point?

LEARnInG OUTCOmES

The four learning outcomes labeled LO1 through LO4 are designed to help improve your understanding of the chapter. After reading this chapter, you should be able to . . . LO1 Answer the question “what is law?” LO2 List the major sources of law in our legal system. LO3 Identify the supreme law of the land. LO4 Explain the difference between our legal system and the legal systems of other nations.

Persons entering the world of business today will find themselves subject to numerous laws and government regulations. An acquaintance with these laws and regulations is beneficial—if not essential—to anyone contemplating a successful career in business. In this introductory chapter, we look at the nature of law in general. We also examine the history and sources—both domestic and international—of American law in particular.

What Is Law?

LO1 Answer the question “what is law?”

law A body of rules of conduct with legal force and effect, prescribed by the controlling authority (the government) of a society.

There have been, and will continue to be, different definitions of law. The Greek philosopher Aristotle (384–322 B.C.E.) saw law as a “pledge that citizens of a state will do justice to one another.” Aristotle’s...