{"id":91,"date":"2015-05-15T04:47:24","date_gmt":"2015-05-15T04:47:24","guid":{"rendered":"https:\/\/courses.candelalearning.com\/masterybusinesslaw1x6xmaster\/?post_type=chapter&#038;p=91"},"modified":"2017-01-09T19:42:54","modified_gmt":"2017-01-09T19:42:54","slug":"why-it-matters-2","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/chapter\/why-it-matters-2\/","title":{"raw":"Why It Matters","rendered":"Why It Matters"},"content":{"raw":"<h2>Why identify and describe the basic principles of American law, fundamental U.S. governmental workings, judicial processes in the U.S, and describe how it applies to individuals and businesses?<\/h2>\r\n<h3>INTRODUCTION<\/h3>\r\nNow that you have been introduced to \u201cThe Law\u201d, hopefully you understand the importance and significance of your \"new acquaintance\u201d in the world of business. \u00a0In this next section you will learn that law has come (and is still coming from) many sources, statutes, court decisions, treaties, government agencies, and even from common law begun in England centuries ago. \u00a0Over time \u201cThe Law\u201d as it is applicable to you and I and your business has become quite extensive and complex at least as much as the modern world we live in.\r\n\r\nIn business, disputes are inevitable and when they happen, they are most often resolved according to or with the assistance of the law either in a court room or alternative dispute resolution methods like arbitration and mediation. Even without formal dispute resolution proceedings, the law is invariable used in the course of settling disputes through negotiation and compromise.\r\n\r\nUnderstanding the sources of law, where it and where it has come from and still is coming from will be important to your understanding the enormous collective impact of the law on both you and your future business. \u00a0To be successful, you need to understand the basics in American Law. In this outcome, we'll consider the following questions:\r\n<ul>\r\n\t<li>Looking at all the many sources of laws in America, will I learn their relationships to each other and the priority among them? Does the U. S. Constitution have supreme power and priority over all other laws? And what about conflicting federal and state laws\u2014which one prevails and when?<\/li>\r\n\t<li>What is \u201cCommon Law?\" How does it work?<\/li>\r\n\t<li>What distinguishes criminal law from civil law and how are they different?<\/li>\r\n\t<li>What is the purpose and power of the Constitution? Just how important is it?<\/li>\r\n\t<li>Since there are two court systems for hearing disputes, state and federal, which has the power to decide a particular dispute, both or just one?<\/li>\r\n\t<li>It seems so complicated, what are the litigation basics before a case even gets to trial?<\/li>\r\n\t<li>Getting through a trial seems even more complicated, how does that procedure work?<\/li>\r\n\t<li>What kinds of relief or recovery can the judge in the trial court provide to me in a breach of contract case or a tort case with personal injuries, if I win?<\/li>\r\n\t<li>I\u2019ve already learned about dispute resolution alternatives like arbitration and mediation, but what are the details about their positives and negatives?<\/li>\r\n<\/ul>\r\n<strong><strong>\u00a0<\/strong><\/strong>The answers to all those questions are waiting for you in this next section, so,\r\n\r\n<strong>...let\u2019s get back to business...and the law!<\/strong>\r\n\r\n&nbsp;\r\n<h3>LEARNING OUTCOMES<\/h3>\r\n<ul>\r\n\t<li>Identify and explain\u00a0sources of law in the United States<\/li>\r\n\t<li>Describe common law, its origins, and the impact of common law in the U.S. legal system<\/li>\r\n\t<li>Compare and contrast civil law and criminal law<\/li>\r\n\t<li>Explain the functions of a constitution<\/li>\r\n\t<li>Describe the function and role of courts in the US legal system<\/li>\r\n\t<li>List and\u00a0 explain the steps of litigation prior to trial<\/li>\r\n\t<li>List and explain the steps of litigation at trial<\/li>\r\n\t<li>Describe and explain the remedies available in litigation and differentiate remedies at law and equitable remedies<\/li>\r\n\t<li>Identify, define, and contrast basic forms of alternative dispute resolution.\u00a0 Analyze and compare the costs\u00a0and benefits of litigation, alternative dispute resolution and settlement.<\/li>\r\n<\/ul>","rendered":"<h2>Why identify and describe the basic principles of American law, fundamental U.S. governmental workings, judicial processes in the U.S, and describe how it applies to individuals and businesses?<\/h2>\n<h3>INTRODUCTION<\/h3>\n<p>Now that you have been introduced to \u201cThe Law\u201d, hopefully you understand the importance and significance of your &#8220;new acquaintance\u201d in the world of business. \u00a0In this next section you will learn that law has come (and is still coming from) many sources, statutes, court decisions, treaties, government agencies, and even from common law begun in England centuries ago. \u00a0Over time \u201cThe Law\u201d as it is applicable to you and I and your business has become quite extensive and complex at least as much as the modern world we live in.<\/p>\n<p>In business, disputes are inevitable and when they happen, they are most often resolved according to or with the assistance of the law either in a court room or alternative dispute resolution methods like arbitration and mediation. Even without formal dispute resolution proceedings, the law is invariable used in the course of settling disputes through negotiation and compromise.<\/p>\n<p>Understanding the sources of law, where it and where it has come from and still is coming from will be important to your understanding the enormous collective impact of the law on both you and your future business. \u00a0To be successful, you need to understand the basics in American Law. In this outcome, we&#8217;ll consider the following questions:<\/p>\n<ul>\n<li>Looking at all the many sources of laws in America, will I learn their relationships to each other and the priority among them? Does the U. S. Constitution have supreme power and priority over all other laws? And what about conflicting federal and state laws\u2014which one prevails and when?<\/li>\n<li>What is \u201cCommon Law?&#8221; How does it work?<\/li>\n<li>What distinguishes criminal law from civil law and how are they different?<\/li>\n<li>What is the purpose and power of the Constitution? Just how important is it?<\/li>\n<li>Since there are two court systems for hearing disputes, state and federal, which has the power to decide a particular dispute, both or just one?<\/li>\n<li>It seems so complicated, what are the litigation basics before a case even gets to trial?<\/li>\n<li>Getting through a trial seems even more complicated, how does that procedure work?<\/li>\n<li>What kinds of relief or recovery can the judge in the trial court provide to me in a breach of contract case or a tort case with personal injuries, if I win?<\/li>\n<li>I\u2019ve already learned about dispute resolution alternatives like arbitration and mediation, but what are the details about their positives and negatives?<\/li>\n<\/ul>\n<p><strong><strong>\u00a0<\/strong><\/strong>The answers to all those questions are waiting for you in this next section, so,<\/p>\n<p><strong>&#8230;let\u2019s get back to business&#8230;and the law!<\/strong><\/p>\n<p>&nbsp;<\/p>\n<h3>LEARNING OUTCOMES<\/h3>\n<ul>\n<li>Identify and explain\u00a0sources of law in the United States<\/li>\n<li>Describe common law, its origins, and the impact of common law in the U.S. legal system<\/li>\n<li>Compare and contrast civil law and criminal law<\/li>\n<li>Explain the functions of a constitution<\/li>\n<li>Describe the function and role of courts in the US legal system<\/li>\n<li>List and\u00a0 explain the steps of litigation prior to trial<\/li>\n<li>List and explain the steps of litigation at trial<\/li>\n<li>Describe and explain the remedies available in litigation and differentiate remedies at law and equitable remedies<\/li>\n<li>Identify, define, and contrast basic forms of alternative dispute resolution.\u00a0 Analyze and compare the costs\u00a0and benefits of litigation, alternative dispute resolution and settlement.<\/li>\n<\/ul>\n\n\t\t\t <section class=\"citations-section\" role=\"contentinfo\">\n\t\t\t <h3>Candela Citations<\/h3>\n\t\t\t\t\t <div>\n\t\t\t\t\t\t <div id=\"citation-list-91\">\n\t\t\t\t\t\t\t <div class=\"licensing\"><div class=\"license-attribution-dropdown-subheading\">CC licensed content, Original<\/div><ul class=\"citation-list\"><li><strong>Authored by<\/strong>: Allen Jorgensen and Lumen Learning. <strong>License<\/strong>: <em><a target=\"_blank\" rel=\"license\" href=\"https:\/\/creativecommons.org\/licenses\/by\/4.0\/\">CC BY: Attribution<\/a><\/em><\/li><\/ul><\/div>\n\t\t\t\t\t\t <\/div>\n\t\t\t\t\t <\/div>\n\t\t\t <\/section>","protected":false},"author":74,"menu_order":1,"template":"","meta":{"_candela_citation":"[{\"type\":\"original\",\"description\":\"\",\"author\":\"Allen Jorgensen and Lumen Learning\",\"organization\":\"\",\"url\":\"\",\"project\":\"\",\"license\":\"cc-by\",\"license_terms\":\"\"}]","CANDELA_OUTCOMES_GUID":"","pb_show_title":"on","pb_short_title":"","pb_subtitle":"","pb_authors":[],"pb_section_license":""},"chapter-type":[],"contributor":[],"license":[],"class_list":["post-91","chapter","type-chapter","status-publish","hentry"],"part":78,"_links":{"self":[{"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/chapters\/91","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/chapters"}],"about":[{"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/wp\/v2\/types\/chapter"}],"author":[{"embeddable":true,"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/wp\/v2\/users\/74"}],"version-history":[{"count":5,"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/chapters\/91\/revisions"}],"predecessor-version":[{"id":1087,"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/chapters\/91\/revisions\/1087"}],"part":[{"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/parts\/78"}],"metadata":[{"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/chapters\/91\/metadata\/"}],"wp:attachment":[{"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/wp\/v2\/media?parent=91"}],"wp:term":[{"taxonomy":"chapter-type","embeddable":true,"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/pressbooks\/v2\/chapter-type?post=91"},{"taxonomy":"contributor","embeddable":true,"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/wp\/v2\/contributor?post=91"},{"taxonomy":"license","embeddable":true,"href":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/wp-json\/wp\/v2\/license?post=91"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}