Legal Heritage and the Digital Age
CHAPTER 1
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-1
Learning Objectives
◼ Define law
◼ Describe the functions of law
◼ Explain the development of the U.S. legal
system
◼ List and describe the sources of law in the
United States
◼ Discuss the importance of the U.S. Supreme
Court’s decision in Brown v. Board of
Education
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-2
Law
◼ Body of rules of action or conduct prescribed
by controlling authority having binding legal
force
◼ Must be obeyed and followed by citizens
subject to legal consequences
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-3
Functions of the Law
◼ Keeping the peace
◼ Shaping moral standards
◼ Promoting social justice
◼ Maintaining the status quo
◼ Facilitating orderly change
◼ Providing a basis for compromise
◼ Facilitating planning
◼ Maximizing individual freedom
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-4
Characteristics of the U.S. legal
System
◼ Fairness
◼
Most comprehensive, fair, and democratic
systems of law ever developed and enforced
◼ Flexibility
◼ Evolves and changes with the norms of
society, technology, and the growth of
commerce in the United States and the world
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-5
U.S. Supreme Court Case of
Brown v. Board of Education (1954)
◼ Supreme Court reversed prior precedent of
Plessy v. Ferguson (1896)
◼ Court held that the separate but equal
doctrine violated the Equal Protection Clause
of the Fourteenth Amendment to the
Constitution
◼ Demonstrated that a Supreme Court can
overrule prior Supreme Court decisions to
promote justice
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-6
Jurisprudence
◼ Philosophy or science of law
◼ Range from classical natural theory to
modern theories
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-7
Schools of Jurisprudential Thought
School
Natural law
Philosophy
• Law that is based on what is correct
• Moral theory of law: Law should be based on
morality and ethics
Historical
• Law is an aggregate of social traditions and
customs
Analytical
• Law is shaped by logic
Sociological
10/4/2018
• Law is a means of achieving and advancing
certain sociological goals
Copyright © 2015 Pearson Education, Inc.
1-8
Schools of Jurisprudential Thought
School
Command
Philosophy
• Law is a set of rules developed, communicated,
and enforced by the ruling party
• Legal rules are unnecessary
Critical legal
• Disputes should be solved by applying arbitrary
studies
rules based on fairness
Law and
economics
10/4/2018
• Promoting market efficiency should be the central
concern of legal decision making
Copyright © 2015 Pearson Education, Inc.
1-9
English Common Law
◼ Originated from opinions given by judges
when deciding a case
◼ Principles announced in delivering judgment
became precedent for similar cases
◼ Law courts: Places where judges appointed
by the King and Queen administered the
system of law uniformly
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-10
English Common Law
◼ Court of Chancery or equity court: Place to
appeal against unfair decisions from the law
courts
◼ Equitable remedies - Chancellor’s remedies
that were shaped to fit each situation
◼ Law merchant: Rules to solve commercial
disputes for English and European merchants
◼ Merchant courts: Separate set of courts
established to administer rules for solving
commercial disputes
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-11
Global Law: The Civil Law
System of France and Germany
◼ Romano-Germanic civil law system
◼
Originated from the Twelve Tables, a code of
laws applicable to the Romans
◼ French Civil Code of 1804 and the German
Civil Code of 1896
◼
National codes that became models for
countries that adopted civil codes
◼ Civil code and the parliamentary statutes
◼
10/4/2018
Sources of law in most civil law countries
Copyright © 2015 Pearson Education, Inc.
1-12
Constitution of the United States of
America
◼ Supreme law of the land - Laws that conflict
with the constitution are unenforceable
◼ Created:
◼
◼
◼
Legislative branch: Power to enact the law
Executive branch: Power to enforce the law
Judicial branch: Power to interpret and
determine the validity of the law
◼ State constitutions: Patterned after the U.S.
Constitution to establish its powers
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-13
Constitution of the United States
of America
◼ Treaties: Provision in the U.S. Constitution
that allows the President to enter into
agreements with other nations
◼
Advice and consent of two-thirds of the Senate
◼ Statutes: Written laws that establish certain
behavior that covered parties must adhere to
◼
Federal statutes: Regulate foreign and
interstate commerce
◼
◼
10/4/2018
Found in code books or codified law
State statutes: Enacted by state legislatures
Copyright © 2015 Pearson Education, Inc.
1-14
Ordinances and Executive Orders
◼ Ordinances: Enacted by municipalities and
local government agencies
◼
Are codified
◼ Executive orders: Issued by the President of
the United States and state governors
◼
10/4/2018
Power to issue is derived from express
delegation from the legislative branch
Copyright © 2015 Pearson Education, Inc.
1-15
Regulations and Orders of
Administrative Agencies
◼ Administrative agencies: Enforce and
interpret statutes enacted by Congress and
state legislatures
◼
Created by the legislative and executive
branches of government
◼ Administrative rules and regulations:
Interpret the statutes that the agency is
authorized to enforce
◼
◼
10/4/2018
Have the force of law
Orders: Decisions made by the agency
Copyright © 2015 Pearson Education, Inc.
1-16
Judicial Decisions
◼ Issued by federal and state courts when
deciding individual lawsuits
◼ Doctrine of stare decisis
◼ Stare decisis: Adherence to precedent
▪
Precedent: Past court decisions used for deciding future
cases
◼ Promotes uniformity of law within a jurisdiction
◼ Improves the court system's efficiency
◼ Makes the law more predictable
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-17
Priority of Law in the United
States
◼ The U.S. Constitution and treaties take
precedence over all other laws
◼ Federal statues take precedence over federal
regulations
◼ Valid federal law takes precedence over
conflicting state or local law
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-18
Priority of Law in the United
States
◼ State constitutions rank as the highest state
law
◼ State statutes take precedence over state
regulations
◼ Valid state law takes precedence over local
law
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-19
Critical Legal Thinking
◼ Interpreting information to solve simple or
complex legal issues or cases by:
◼
◼
◼
◼
Investigating
Analyzing
Evaluating
Interpreting
◼ Helps to make clear, logical, rational, and
well-reasoned conclusions and judgments
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-20
Socratic Method
◼ Series of questions and answers and a give-
and-take inquiry and debate between a
professor and the students
◼ Used by the U.S. Congress and state
legislatures to enact new laws that address
new issues of the digital environment
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-21
IRAC Method
◼ Facts - To be investigated and understood
◼ Issue - What is the legal issue in the case?
◼ Rule - What rule (law) should be applied to
the case?
◼ Analysis - What is the court’s analysis and
rationale?
◼ Conclusion - What was the conclusion or
outcome of the case?
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-22
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written
permission of the publisher. Printed in the United States of America.
Copyright © 2015 Pearson Education, Inc.
10/4/2018
Copyright © 2015 Pearson Education, Inc.
1-23
Constitutional Law for
Business and E-Commerce
CHAPTER 2
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-1
Learning Objectives
◼ Describe the concept of federalism and the
doctrine of separation of powers
◼ Define and apply the Supremacy Clause of
the U.S. Constitution
◼ Explain the federal government’s authority to
regulate interstate commerce and foreign
commerce
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-2
Learning Objectives
◼ Explain how the freedoms of speech,
assembly, religion, and the press are
protected by the First Amendment and how
commercial speech may be limited
◼ Explain the doctrines of equal protection and
due process
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-3
Declaration of Independence
◼ Document that declared the American
colonies independent from England
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-4
Constitution of the United States of
America
◼ Federal government: Consists of legislative,
executive, and judicial systems
◼ Articles of Confederation: created a federal
Congress composed of representatives of the
13 new states
◼ U.S. Constitution: Fundamental law of the
U.S. which was ratified by the states in 1788
◼
◼
10/4/2018
Creates three branches of government
Protects individual rights by limiting the
government’s ability to restrict those rights
Copyright © 2015 Pearson Education, Inc.
2-5
Federalism and Delegated Powers
◼ Federalism: The U.S. form of government in
which federal government and the 50 state
governments share powers
◼ Enumerated powers: Delegated to the
federal government by the states
◼ Reserved powers: Held by the states like
dealing with local affairs
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-6
Doctrine of Separation of Powers
◼ Article I - Establishes legislative branch
◼
Legislative branch: The part of the U.S.
government that makes federal laws, and is
bicameral
◼
10/4/2018
Bicameral: Constitutes the Senate and the
House of Representatives
Copyright © 2015 Pearson Education, Inc.
2-7
Doctrine of Separation of Powers
◼ Article II
◼
Executive branch: Part of the U.S.
government that enforces the federal law
◼
Electoral College: Constitutes of representatives
who select president
◼ Article III
◼
10/4/2018
Judicial branch: The part of the U.S.
government that interprets the law and
consists of the Supreme Court and other
federal courts
Copyright © 2015 Pearson Education, Inc.
2-8
Checks and Balances
◼ A system built into the U.S. Constitution to
prevent any one of the three branches of the
government from becoming too powerful
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-9
The Supremacy Clause
◼ Establishes that the federal constitution,
treaties, federal laws, and federal regulations
are the supreme law of the land
◼ Preemption doctrine: States that federal law
takes precedence over state or local law
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-10
Commerce Clause
◼ Grants Congress the power to regulate
commerce with:
◼
◼
◼
Foreign nations
Among the several states
Indian tribes
◼ Indian Gaming Regulatory Act: Establishes
requirements and regulations for conducting
casino gambling and gaming activities on
tribal land
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-11
Commerce Clause
◼ Foreign commerce clause: Grants the
federal government the authority to regulate
foreign commerce
◼ Interstate commerce: Commerce that
moves between states or that affects
commerce between states
◼
10/4/2018
Effects on interstate commerce test: Any
local activity that has an effect on interstate
commerce is subject to federal regulation
Copyright © 2015 Pearson Education, Inc.
2-12
Police Power
◼ Permits states and local governments to
enact laws to protect or promote the public:
◼
◼
◼
Health and safety
Morals
General welfare
◼ Allows states to regulate intrastate commerce
and interstate commerce that occurs within
their borders
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-13
Dormant Commerce Clause
◼ Federal government, in-spite of the
Commerce Clause power chooses not to
regulate an area of commerce
◼ Prohibits the state’s regulation from unduly
burdening interstate commerce
◼
10/4/2018
Unduly burdening interstate commerce:
States may enact laws for general welfare, as
long as the laws do not unduly burden
interstate commerce
Copyright © 2015 Pearson Education, Inc.
2-14
E-Commerce
◼ Conducting business electronically with the
help of the Internet and other computer
networks
◼
Requires obtaining website domain names
◼ Is subject to the Commerce Clause of the
U.S. Constitution
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-15
Bill of Rights
◼ First 10 amendments to the U.S. Constitution
◼ Guarantees fundamental rights and protects
these rights from intrusive government action
◼ First Amendment: Includes freedom of
speech, freedom to assemble, freedom of the
press, and freedom of religion
◼ Incorporation doctrine: Makes fundamental
guarantees contained in the Bill of Rights
applicable to state and local government
action
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-16
Freedom of Speech
◼ Right to engage in oral, written, and symbolic
speech protected by the First Amendment
◼ Categories
◼
◼
◼
10/4/2018
Fully protected speech: Cannot be
prohibited or regulated by the government
Limited protected speech: Not prohibited but
subject to time, place, and manner restrictions
Unprotected speech: Not protected by the
First Amendment and is forbidden by the
government
Copyright © 2015 Pearson Education, Inc.
2-17
Types of Limited Protected Speech
◼ Offensive speech
◼
Speech that is offensive to many members of
society, is subject to time, place, and manner
restrictions
◼ Commercial speech
◼
10/4/2018
Speech used by businesses, such as
advertising, is subject to time, place, and
manner restrictions
Copyright © 2015 Pearson Education, Inc.
2-18
Types of Unprotected Speech
◼ Dangerous speech
◼ Words that are likely to provoke a hostile or
violent response
◼ Speech that incites the violent or
revolutionary overthrow of the government
◼ Defamatory language
◼ Child pornography
◼ Obscene speech
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-19
Freedom of Religion
◼ Requires federal, state, and local
governments to be neutral toward religion
◼ Establishment Clause
◼
Prohibits the government from establishing a
state religion or promoting one religion over
another
◼ Free Exercise Clause
◼
10/4/2018
Prohibits the government from interfering with
the free exercise of religion in the U.S
Copyright © 2015 Pearson Education, Inc.
2-20
Clauses in the Fourteenth
Amendment
◼ Equal Protection Clause: State cannot deny
to any person within its jurisdiction the equal
protection of the laws
◼ Due Process Clause: No person shall be
deprived of life, liberty, or property without
due process of the law
◼ Privileges and Immunities Clause:
Constitutional provisions that prohibit states
from enacting laws that unduly discriminate in
favor of their residents
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-21
The Equal Protection Clause
◼ Strict scrutiny test: Applied to classifications
based on suspected classes such as race,
national origin, and citizenship, and to
fundamental rights
◼ Intermediate scrutiny test: Applied to
classifications based on protected classes
other than race
◼ Rational basis test: Applied to classifications
not involving suspect or protected class
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-22
Categories of Due Process
◼ Substantive due process
◼ Requires government statutes, ordinances,
regulations, or other laws be clear on their face
and not overly broad in scope
◼ Procedural due process
◼ Requires that the government give a person
proper notice and hearing of the legal action
before that person is deprived of his or her life,
liberty, or property
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-23
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written
permission of the publisher. Printed in the United States of America.
Copyright © 2015 Pearson Education, Inc.
10/4/2018
Copyright © 2015 Pearson Education, Inc.
2-24
Purchase answer to see full
attachment