Lecture Business law with UCC applications (13/e): Chapter 2 - Brown, Sukys

Business Law with UCC
Applications,13e
Sources of the Law
Chapter 2

McGraw­Hill/Irwin

        Copyright © 2013 by The McGraw­Hill Companies, Inc. All rights reserved.


Learning Objectives
1.
2.
3.
4.

List the objectives of the law.
Clarify the duality of the law
Outline the content of the U.S. Constitution.
Explain several central constitutional principles
and powers
5. Explain the role of statutory law in the legal
system.

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Learning Objectives
6. Defend the need to set up a system of uniform
state laws.
7. State the role of common law in the legal

system.
8. Describe how the principle of stare decisis
provides stability within the law.
9. Differentiate between statutory interpretation
and judicial review.
10. Account for the legislature’s need to establish
administrative agencies.
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Sources of the Law
• The Purpose and Operation of the Law
– The Law as a Balancing Act
– The Dualities within the Law

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Sources of the Law
• The Dualities within the Law
– The Spirit and Letter of the Law
– Words versus Interpretation
– The Abstract and the Concrete
– The Uncertainty Principle

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Sources of the Law
• Constitutional Law

– The Articles of Confederation
– The Principles of the United States
Constitution
– The Structure of the United States
Constitution
– State Rights, Democracy, and the Amendment
Process

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Sources of the Law
• Constitutional Law (cont.)
– State Constitutions
– The Principle of Supremacy
– The Principle of Preemption
– The Doctrine of Devolution
– The Commerce Clause
– The First Amendment

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Sources of the Law
• The Structure of the United States
Constitution
– The Articles
– The Amendments

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Sources of the Law
• Statutory Law
– Codes and Titles
– Uniform Laws
– The Uniform Commercial Code
– Electronic Statutes

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Sources of the Law
• Court Decisions
– Common Law
– Statutory Interpretation
– Judicial Review

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Sources of the Law
• Administrative Regulations
– Administrative Agencies
– Administrative Procedures Act
– The Federal Register and the Code of Federal
Regulations

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