The conduct of individuals, businesses, and other organizations are
\ngoverned by the rule of law. Laws are a body of rules that must be
\nfollowed or there are consequences. In order to enforce the laws or
\ndetermine if a person or other entity is either acting within the scope of
\nthe law or has acted outside of the law requires a system of courts or
\nother tribunals as well as a controlling authority that sets the rules of
\nlaw.
\nIn this module, we will review the development of the rule of law, the
\ncourt system, the resolution of legal disputes, and the role of the United
\nStates Constitution and State Powers.
\nUpon completion of this module the student will be able to:<\/p>\n
Dene
\nlaw and how laws relate to society
\nDescribe the sources of law in the United States and the Federal and State Court Systems
\nIdentify the major U.S. Constitutional doctrines as they relate to business<\/p>\n
Lecture Content: Legal Heritage and the Digital Age
\nWhat is the Law
\nLaw is a set of rules that a controlling authority of a society, country, or community develops to regulate the
\nactions of its members. Laws may be based upon cultural, religious, customs or other types of conduct. Laws
\nprovide sanctions or legal consequences if the members fail to comply with the laws.
\nFuncons
\nof Laws
\nLaws serve a variety of functions for society. Laws provide consistency and allow individuals and businesses to
\nplan future courses of action or conduct to comply with the laws and regulations that govern them. Laws are
\ndesigned to keep the peace, shape moral standards, promote social justice, facilitate planning, maintain the status
\nquo, protect health, and provide a structure for business. Laws must be able to evolve and change with the norms
\nof society and the changes that technology requires.
\nSchools of Jurisprudence
\nThe study, knowledge, philosophy or science of the law is referred to as Jurisprudence. The most prevalent form
\nof jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Classical legal philosophies
\nhave been categorized into various \u201cschools\u201d of legal theory. If you understand which school a judge or scholar
\nfollows you can determine how they will analyze laws in the future.
\nWhen judges are asked to determine the meaning or legality of a law they will use the legal theory of the school of
\njurisprudence that they adhere to in deciding the case.
\nThe primary schools of jurisprudence are the Natural Law School, Historical School, Analytical School, Sociological
\nSchool, Command School, Critical Legal Studies School, and the Law and Economics School.
\nSources of Law
\nThe laws of the United States are comprised of English common law, the U.S. Constitution, Treaties, Federal
\nStatutes, State Statutes, Ordinances, Executive Orders, Regulations and Orders of Administrative Agencies, and
\nJudicial Decisions.
\nEnglish common law was the law of England and Wales that was developed by judges applying the rulings of
\nprevious cases to the set of facts of the current case they were deciding.
\nThe Doctrine of Stare Decisis is the foundation for English common law and subsequently the laws of the United
\nStates. Stare Decisis requires a court to follow the prior decisions of the courts of the same jurisdiction. The past
\ndecisions become precedent for deciding future cases. This provides for consistency and stability of the application of the
\nlaw.
\nThe Constitution of the United States of America is the supreme law of the land. Any federal, state, or local law
\nthat conicts
\nwith the U.S. Constitution is unconstitutional and therefore, unenforceable. The U.S. Constitution
\nestablishes the framework for our government and their powers. Powers not given explicitly to the federal
\ngovernment by the U.S. Constitution are reserved for the states. States can have their own constitutions that
\nestablish the legislative, judicial, and executive branches of state government. The state constitutions cannot
\nconict
\nwith the U.S. Constitution.
\nCrical
\nLegal Thinking (or How to Analyze a Set of Facts Like a Lawyer)
\nThere are many occasions that require you to determine if a law has been violated, if someone is liable for
\ndamages due to an injury, if a future course of action will be legal, or if a law or regulation applies to a set of facts.
\nThe easiest method of analyzing a legal situation is to utilize a critical legal thinking method known as FIRAC or
\nIRAC. This structure can be used to logically organize a memorandum, letter, or a paper for a legal writing
\nassignment and provide a conclusion to the legal issue presented.
\nF acts
\nI ssue
\n9\/5\/2018 Module 1: Legal Environment of Business \u2013 Fall 2018-…
\nhttps:\/\/bb.fscj.edu\/webapps\/blackboard\/content\/listContent.jsp?course_id=_920554_1&content_id=_6249676_1 3\/4
\nR ule of law
\nA nalysis of the law as applied to the facts
\nC onclusion<\/p>\n","protected":false},"excerpt":{"rendered":"
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