E.G :Business Law Chapter 1 Legal Terminology Professor El Aouni Zouhair

E.G :Business LawE.G :Business Law

Chapter 1Chapter 1Legal TerminologyLegal Terminology

Professor El Aouni ZouhairProfessor El Aouni Zouhair

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall. 1-2

What Is Law? Law consists of rules

that regulate the conduct of individuals, businesses, and other organizations within society. It is intended to protect persons and their property from unwanted interference from others.


Functions of Law

Keeping the peace Shaping moral standards Promoting social justice Maintaining the status quo


Functions of Law

Facilitating orderly change Facilitating planning Providing a basis for

compromise Maximizing individual

freedom


Qualities of the Law

Fairness The U.S. legal system is one of

the most comprehensive, fair, and democratic systems of law ever developed and enforced.


Qualities of the Law

Flexibility U.S. law evolves and changes

along with the norms of society, technology, and the growth and expansion of commerce in the U.S. and the rest of the world.


What Is Jurisprudence?

Jurisprudence is the philosophy or science of law.


Schools of Jurisprudential Thought

Natural school—Believes law is based on what is “correct”

Historical school—Believes law is an aggregate of social traditions and customs

Analytical school—Believes law is shaped by logic



Sociological school—Believes law is a means of achieving and advancing certain sociological goals

Command school—Believes law is a set of rules developed, communicated and enforced by the ruling party



Critical legal studies school—Believes legal rules are unnecessary and that legal disputes should be solved using rules of fairness

Law and economics school—Believes promoting market efficiency should be the central concern of legal decision making


History of American Law English common law

Developed by judges who issued their opinions when deciding a case. The principles became precedent for later judges deciding similar cases.

49 states base their legal systems on common law.

Labor Unions are legally recognized as

representatives of workers in many industries.

They aim for better working conditions, hours, pay and benefits.


Redundancy payment

a sum of money given by an employer to an employee who has been made redundant: usually calculated on the basis of the employee's rate of pay and length of service.


Barrister are legal practitioners in the

United Kingdom. They do advocacy, draft legal documents, and can appear every court.


Sollicitors Lawyers in the United Kingdom

who work in private firms, as legal advisors in corporations, government departments, and advise agencies.


Sole practitioner A person, who through a regular

program of study, is learned in legal matters and has been licensed to practice his or her profession. Any qualified person who prosecutes or defends causes in courts of record or other judicial tribunals of the United States (Attorney).


Law clinic provide legal assistance to

marginalized clients, while gaining exposure to the problems faced by these groups. At the same time, law students learn about their professional responsibility for supporting the rule of law, human rights, and social justice.


Outsourcing is any task, operation, job or

process that could be performed by employees within an organization, but is instead contracted to a third party for a significant period of time.



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E.G :Business Law Chapter 1 Legal Terminology Professor El Aouni Zouhair