Bitness Law Review Magazine Daniel Beamer
Origins Law â€˘ Laws are rules of conduct established by the government of a society to maintain stability and justice in that society. â€˘ American law, like its people, is a blending of changing ideas and diverse culture
Timeline of Law: Early Law • Hammurabi Code- First written code of law Circa 1750 BC • Circa 1200 BC until 1st century AD :The Ten Commandments • The Bible: Old and New Testament religious rules of conduct
Timeline of Law: Greek System • Philosophers debated ideals of justice • Circa 620 BC Draco, the Greek lawgiver, classified law into four areas: tort, family, public and procedural laws • “Rule of Law” should govern man, not other men • First legal system using a jury • Included laws of commerce and property
Timeline of Law: Roman Tablets • • • • •
Circa 450 BC Romans adapted Greek laws Applied to Roman citizens Civil Laws Civil Obligations
Timeline of Law: Roman Law • • • •
560 AD Emperor Justinian “Corpus Juris Civilis” means body of civil law Laws applied to Holy Roman Empire which spread over Western Europe
Timeline of Law: Magna Carta • 1215 AD • Established English constitutional liberties • Basic human rights • Protection from abuse by government English Common Law: • Developed in 12th Century England • Unwritten law based on local customs
Timeline of Law: Napoleonic Law: • Influenced by Roman Civil Law • Established by Emperor Napoleon of France • Transported to French Colonies – Quebec Province, Canada – Louisiana, USA
Timeline of Law: Constitutions • A document which spells out the principles by which a government rules and the fundamental laws that govern a society • American constitutions – US Constitution (1787) – Each state has a constitution
Sources of Law • • • • •
Common Law: law by custom Law of Precedent : stare decisis Statutory Law: written law Federal and State Constitutions: us federal law Administrative Law: regulatory agencies
Ethics in Law • Law is based off of ethics, knowing the difference between right and wrong. Ethics are based around the following basics: – Feelings and Opinions – The Greatest Good – The Golden Rule – Consequential Reasoning – Rule-based reasoning
Feelings and Opinions â€˘ Ethics are viewed as how a person feels about a certain situation
â€˘ Ethics may also be based on what opinions are expressed about certain situations
The Greatest Good • The idea is that must people will base their opinion of ethics based on how a certain situation affects the greatest amount of people • The more good that result, the more ethical the action taken • The more bad the result, the less ethical the action taken
Golden Rule • Do unto others as you would have them do unto you • The heart of the golden rule is empathy • Empathy: putting yourself in the other person’s position
Consequential Reasoning â€˘ Takes a look at the consequences of the action before making a decision on what way to act â€˘ Looks at alternative actions and it gives the final outcome of each action
Rule Based Reasoning • Makes a decision based on majority vote • Sometimes it is not the most ethical decision • Based around the U.S. Constitution
US Legal System • Judicial: Led by the Supreme Court. The Supreme Court decides if the law being made is constitutionally correct. • Legislative: Led by Congress. Congress is made up of the Senate and the House of Representatives. The Senate consists of two members from every state. The House of Representatives consists of members based on their population. • Executive: Led by the President. Elected by vote of the people
International Legal System â€˘ This system is not shared by other countries. In other countries, many in Western Europe, support the fact-finding approach (victory is the primary objective). â€˘ In many other countries, the court system is tied in with the legislative and executive branches. Many countries use religion as a basis for the law, such is the case in Saudi Arabia, where Muslim and the law are tied together.
Tort • One person’s interference with another person’s rights, either through intent, negligence, or strict liability. • Right to: – Be free of bodily harm – Enjoy a good reputation – Conduct business without interference – Have property free from damage or trespass
Intentional vs Unintentional • Intentional – know and desire the consequences of your act
• Unintentional – lacks the determination of mind.
Negligence • Failure to exercise a degree of care that a reasonable person would have exercised in those circumstances Elements: – Duty of Care – Breach of Duty – Proximate Cause – Actual Harm
Defenses to Negligence • Contributory: – Negligence on the part of the plaintiff assisted in causing his or her injuries.
• Comparative: – Determine % at fault and pay that %
• Assumption of Risk: – Plaintiff knew the risk and still participated in the activity.
Strict Liability • Ultrahazardous activities are so dangerous that the laws of negligence do NOT apply to them. • Examples: – Wild Animals – Toxic Chemicals – Explosives
Remedies • Compensation – Money
• Injunction – Ordering a person to do or not to do something.
Types of Jurisdiction â€˘ Original- Hearing the case for the first time and having the power to decide.
â€˘ Appellate- An appeals court that can only hear cases already heard before.
Federal Court System • • • •
US Supreme Court US Federal District Courts US Federal Courts of Appeals US Federal Special Courts
State Court System • Local Trial Courts (Limited Jurisdiction)- Small cases • General Trial Courts • Special Courts
Crime • An act against the public good • Punishments of Crime – Imprisonment – Fine – Probation – Community Service – Combination of the above
Elements of a Crime • Criminal Act • Must violate a statute • Required state of mind – Depends on crimes definition
• Motive is NOT required
Types of Crimes • Crimes Against People- Murder, Rape. • Social Crimes- Drugs, Alcohol • Crimes Against Property- Robbery, Theft, Embezzlement • Business crimes (White Collar)- Forgery, Extortion, Bribery
Defenses to a Crime • Insanity – M’Naughen Rule
• Entrapment • Self-Defense • Defense of Family Members
Punishments • Files • Imprisonment • Death Penalty
Computer Crimes â€˘ Illegally using hardware and software by misuse of equipment, copying, and/or taking data from web sites for personal use without prior permission.
Telecommunication Law/Cyber Law • Telecommunication law or Cyber law governs the legal issues of cyberspace. • These terms are not restricted to the Internet. • The terms include: – computers – computer networks – the Internet data software etc.
Cyber Law â€˘ Cyber law encompasses laws relating to: 1. Electronic and Digital Signatures 2. Computer Crime 3. Intellectual Property 4. Data Protection and Privacy 5. Telecommunications Laws
6 Elements of a Contract • • • • • •
Offer Acceptance Genuine Agreement Capacity Consideration Legality
Statutes • • • • • •
Criminal and civil statutes Usury statutes Interest Truth in lending act Gambling statutes Sunday statutes
Mistakes â€˘ Unilateral mistake- one side â€˘ Bilateral mistake- both sides
Consideration • Exchange from benefits and detriments – Can be money or a service – Only agreements w/o consideration are gifts – A contract must have consideration.
Capacity • Capacity is the ability to understand. • Can’t have it if you are: – Kid – Drunk – Mentally Disabled – Not consciously present
Acceptance • • • •
Must be a mirror image of the offer. Can propose a counter offer Acceptance is valid as soon as it is sent Acceptance isn’t valid if it is rejected, revoked, or the offeror dies.
Characteristics of a Contract • • • •
Valid Void Voidable Unenforceable
Contract Characteristics • Can be Express or Implied contract. • Can contain one promise(unilateral) vs two promises(bilateral) • Can be oral or written, but contracts are written more than oral.
How to Terminate A Contract • By Performance – Time expires – Job Complete – Completed satisfactory – Less than satisfactory, but substantially done. – Tender of performance, offer to perform.
• Discharge By Agreement – Mutual Release – Accord and Satisfaction
• Discharge by impossibility of performance – Death or illness in a personal service contract. – Destruction of the exact subject matter. – Illegality means a void contract automatically.
• Discharge by operation of law. – Wrongful alteration – Statute of limitations – Bankruptcy.
005.01 Types of Partners General: Active Known Unlimited Secret: Active Unknown Unlimited Silent: Not active Known Unlimited Dormant: Not active Unknown Unlimited Limited: Not active Known Limited
Types of Loans • • • • •
Secured Unsecured Single Payment Loan Promissory Note Installment Loan
Types of Authority of Agencies • Actual-real power given to agent. • Express-all orders, commands, or directions given to agent when relationship created. • Implied-understood acts or powers implied from express terms.
Beneficiaries • The policyholder names a beneficiary • Can be an individual or business • Beneficiary receives proceeds from a life insurance claim. • Proceeds is the money paid to a survivor by a life insurance policy. • Contingent beneficiaries named in the policy are second in line if the beneficiary is deceased.
Implied Covenants • Implied warranty of habitability by landlord – May be enforced by city housing codes – Health and safety of citizens is considered – Duty of landlord to provide property free of defective conditions • Waste - The landlord expects reasonable wear and tear by tenant, but unreasonable damage is called waste and tenant can be required to pay the cost to repair was.
Published on May 14, 2013