Nature of Law
the rules of the game or a bundle of rights
What is an example of a law?
Rules promulgated by state and federal administrative agencies
What is administrative law?
the law that must be followed in enforcing rights and liabilities
Everyone must operate under the same usage laws
What is Kant’s Categorical Imperative?
Capitalism succeeds because of trust. The reliance on promises produces good business relationships
What is the importance of trust?
the legal capacity to require another person to perform or refrain from action
What is rights?
Principles expressed for the first time in court decisions
What is case law?
a body of law that provides justice when the law does not offer an adequate remedy or application of the law would be terribly unfair
What is equity?
Also known as entitlement theory; everyone has a set of rights, and it is up to the government to protect them.
What is rights theory?
A company’s name and image, whether good or bad, can have a dramatic impact upon the ability to do business
What is the importance of a good reputation?
an obligation of law imposed in a person to perform or refrain from performing a certain act
What is duty?
-Federal
United States Code
-State
Tennessee Code Annotated
What is statutory law?
wrongs against society
What is criminal wrongs?
We should do the good for the most amount of people
What is Utilitarian Theory?
Uses three questions to evaluate situations
What is Blanchard and Peale Three-Part Test?
the order or pattern of rules that society establishes to govern the conduct of individuals, and the relationships among them
What is law?
Rules and regulations parties agree to as part of their contractual relationships.
What is private law?
the law that defines rights and liabilities
What is substantive law?
Resolving ethical dilemmas requires training
What is Plato and Aristotle, Virtue Ethics?
Ask for the perspective of family and friends
What is Laura Nash Model?
specific performance, injunction
What is equitable remedies?
Uniform Residential Landlord Tenant Act
What is uniform state law?
wrongs against an individual
What is civil wrongs?
Locke and Rawls’ theory of justice/social contract, universal standards developed that result in fairness
What is The Contractarians and Justice?
Evaluate whether you’d want your decision published to everyone
What is The Front-Page-of-the-Newspaper Test?