Describe the differences between common law and positive law.
Common law is based on the current standards and customs of the people and is usually pronounced by judges in settling people's disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place.
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Business Law
- How are ethics reflected in laws?
- Think about consequences-based ethics and rule-based ethical reasoning. Write a brief paragraph describing a scenario in which breaking the rules has an ethical outcome.
- How are ethical decisions reasoned out?
- How does the majority rule principle demonstrate consequences-based reasoning in our laws?
- Why do the two forms of ethical reasoning, consequences-based and rule-based, usually result in the same decision, and what is the probable cause when they do not?
- Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law.
- How are conflicts between constitutional, statutory, case, and administrative laws resolved?
- How are constitutional, statutory, case, and administrative laws created?
- How can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example.
- What determines whether a particular law, statute, ordinance, or regulation is valid?
- How is power allocated between federal, state, and local governments?
- Identify the origin of the U.S. legal system.
- Explain the stages in the growth of law.
- What powers do the courts have when personal or private property is damaged or destroyed?
- Why do societies need laws and courts?