Learning Team Weekly Reflection
Law/421
University of Phoenix
In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment.
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An example of criminal law is OJ Simpson being charged with the murder of his ex-wife. For the same alleged crime, OJ Simpson was taken to civil court by his ex-wife’s family and they sued him for the damages they incurred because of her death. The criminal law amendment of 1885 has been amended several times raising the age of consent for girls when it comes to sexual acts. Back in the 1860’s, the legal age was twelve years old and since then it has been raised to sixteen in 1885 and then to eighteen in most areas of the world. The topics this week hit very close to home with my work experience and were directly relatable to many situations I have come across in the past thirteen years of employment. There is so much fear of people not being honest in this day and age; it makes it very difficult to be a productive member of a work group in the business world.
Common Law and Statutory Law
Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments
The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.
The law allows individuals or companies the use of trade secrets if they have been
The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.
Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.
This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime.
Owning a business is very rewarding, however, it comes with many challenges as well. There are many torts and laws a business owner should be aware of in order to make sure they are abiding by the laws set forth before them. The characters have found themselves in a wide variety of situations that must be dealt with and handled accordingly.
Cheeseman, H. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, New Jersey: Prentice Hall.
Arnold J. Goldman, a. W. (2011). Business Law: Principles and Practices, 8th Edition. Mason: South-Western Cengage Learning.
Common law is law originating from use and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making (Schmalleger). The judge
|Readings |Read Ch. 1, 2, 3, 4, & 25 of The Legal Environment of Business. | | |
Laws regarding the age of consent in the United States have undergone multiple revisions, resulting from differing perspectives on how to regulate teenage sex and prevent statutory rape. As a result, the state laws have defined ages at which they deem adolescents to be capable of consenting to sexual intercourse. Today the breakdown of age consent laws in the United States is as follows: 28 states use 16, 15 states use 18, 6 states use 17, and 1 state uses 14. (Leitenberg & Saltzman) But it was a long road before this point, beginning with English common law in the colonies, which set the age of consent at around ages 10-12. According to Carolyn Cocca, age of consent restrictions were imposed at the time to “Preserve female virginity, which
Most nations today follow one of two major legal traditions; Common law tradition or civil law tradition. The Common law is a body of law bases on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. The common law traditions emerged in England during the middle ages and was applied within the British colonies across continents.
The U.S law is comprised of 4 major sources which cover different fields in the U.S legal system. Alike many other countries, the U.S also abides by the common law. Common laws are made up of general rules, customs, and experiences, which have already occurred in the judicial system. The common law provides a fair and constant guideline for individuals in society and in the legal system to follow by. Constitutional laws are those that are expressed in the U.S Constitution and explain the powers and limits that the government has. Although some state constitutions share the same laws that the U.S constitution enforce, certain states vary and provide larger rights to their citizens. Unlike the common law, statutory laws are written laws that
The company has over the years tried to comply with legal requirements but has still found itself at clash with the law; occasionally being forced to re-strategize while incurring big loses. Some of such incidences include:
Team “A” very much enjoyed its learning experience in Week One of Law/421, and delved further into understanding the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law. In addition, Team “A” researched U.S. Constitution amendments that were implemented to protect the rights of businesses and organizations.