Chapter 1 provides knowledge of the nature of law. After you have studied this chapter, you should be able to: Identify the respective makers of the different types of law (constitutions, statutes, common law, and administrative regulations and decisions); identify the type of law that takes precedence when two types of law confl ict; explain the basic differences between the criminal law and civil law classifi cations; describe key ways in which the major schools of jurisprudence differ from each other. | Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking 1 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. The Nature of Law P A E T R H C 1 “The sacred rights of mankind . . . are written, as with a sun beam in the whole volume of human nature, . . . and can never be erased or obscured by mortal power.” Alexander Hamilton, 1775 Learning Objectives Types and sources of law Important legal doctrines Classification of law Jurisprudence and legal reasoning Statutory interpretation Limitations on judicial power 1 - Types or Sources of Law Federal, state, and tribal level: . Constitution: establishes governmental structure, specific rights and duties Statute: enacted by legislative body to regulate conduct Common Law: case law (judge-made) Administrative Law: agency rules to implement . | Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking 1 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. The Nature of Law P A E T R H C 1 “The sacred rights of mankind . . . are written, as with a sun beam in the whole volume of human nature, . . . and can never be erased or obscured by mortal power.” Alexander Hamilton, 1775 Learning Objectives Types and sources of law Important legal doctrines Classification of law Jurisprudence and legal reasoning Statutory interpretation Limitations on judicial power 1 - Types or Sources of Law Federal, state, and tribal level: . Constitution: establishes governmental structure, specific rights and duties Statute: enacted by legislative body to regulate conduct Common Law: case law (judge-made) Administrative Law: agency rules to implement enforcement of statutes 1 - The hyperlink to the . Constitution is to the 21st edition (2003). The tribal level often is ignored in references to sources of law. However, Indian nations are sovereign entities with the authority to establish a Constitution and enact supporting laws. Types or Sources of Law Issued at chief executive level: Executive Order: under limited powers Treaty: with other nations, by the . president on behalf of the nation, and ratified by the . Senate 1 - Important Doctrines Stare Decisis (let the decision stand) Doctrine of precedent applied in common law Equity Applied by the judiciary to achieve justice when legal rules would produce unfair results Federal supremacy: Rule of priority for conflicts between laws that holds . Constitution the supreme law of land (Art. VI, Sec. 2, . Constitution) 1 - Classification of Law Criminal law establishes duties to society Government charges and prosecutes defendant, who is found guilty or innocent .
