Business Rules Notes
Definition of Law
Meaning of Law –
A rule of civil execute prescribed by supreme electric power in a express, commanding precisely what is right, and prohibiting precisely what is wrong.
Character of Law
Functions of Law
- To take care of stability in the social, politics, and economy through challenge resolution, security of property, and the maintenance of the express, while at the same time permitting purchased change.
Law and Probe
2. Are different although overlapping; law provides sanctions, while probe do not
" You must travel on the right side the trail. ”
" You should not noiselessly stand by and watch a window blind man walk off a cliff. ”
Law and Justice
* Happen to be separate and distinct principles; justice is definitely the fair, equitable, and impartial treatment of competitive interests with due regard for the most popular good.
Category of Law
Substantive- law creating proper and tasks
Public Law-> Constitutional rules, criminal law, administrative legislation,
Non-public Law-> Atteinte, Contracts, Product sales, Commercial paper, Agency, Relationships, Corporations, Home
Procedural- guidelines for enforcing substantive law
Substantive legislation and step-by-step law are definitely the two key categories inside the law. Substantive law refers to the body of guidelines that identify the rights and requirements of individuals and collective systems. Procedural legislation is the body system of legal rules that govern the task for deciding the rights of functions.
Public and Law
Open public - regulation dealing with the relationship between federal government and people. Private - law regulating the interactions among people and legal entities.
City and Legal Law
Civil - rules dealing with privileges and obligations the violation of which produces a wrong against an individual or other legal entity 5. Private get together
* Specific sues
2. Purpose: Compensation, deterrence
* Burden of Evidence: preponderance with the evidence
5. Outcome: liable/ Not responsible
* Theory Sanctions: monetary damages/ fair remedies 5. Two remedies- at regulation money damages
* Fair relief- injunctions, specific performance
Criminal - law developing duties, which usually, if broken, constitute an incorrect against the entire community. * Government and folks
* Express or Government
* Government prosecutes
* Purpose: Punishment, Deterrence, Treatment, Preservation of peace * Burden of Resistant: beyond a fair doubt
5. Outcome: Guilty/ Not guilty
5. Principle Calamite: Capital punishment, Imprisonment, Fines * General public law
Types of Law
Constitutional Law- " supreme court of the land”
* Fundamental law of the government creating its powers and constraints and its composition.
Judicial Law- The meaning of the written-law by the process of law. Decisions in many cases are based on stare decisis, the doctrine that permits the court docket to follow your decision made in my old case in the same legislation. A departure in the legal precedents is known as a milestone decision.
5. Common Law- body of law developed by the legal courts – " Judge made law. ” Dependent on " stare decisis” following previous decisions
* Equity Law- body of law based upon principles distinct from prevalent law and providing remedies not available in law. Nonetheless " Evaluate made Law” and based upon " stare decisis”
Legislative Law - statutes followed by legislative bodies; contains Treaties and Executive Purchases. � -- Can be federal or point out
Administrative Law - rules, rules, orders, and decisions made by administrative agencies. - Public Law
Pecking order of Regulation
U. S constitution
Treaties or Federal Statutes
Federal government Administrative Rules
Federal Common Law
Point out Statutes
Point out Administrative Legislation
State Prevalent Low
-Decisions in Express trial tennis courts are generally not reported or published. -Reports - Decisions of State process of law of speaks are released in consecutively numbered amounts....