Law Flashcards
Global law can be seen as
Expressions of what a culture values and how it thinks
Major types of world legal systems
- Civil law
- Common law
- Religious law
Civil law
- Legal system based on written codes (laws, rules, or regulations)
- Approved by legislative bodies
Civil law is applied
- Deductively in each case, starting from the abstract rule that has been stated in nation’s civil law code
- Each judicial actions bound to the law
- Laws are not affected by judicial decisions
Most prevalent form of law
Civil law
Common law
- Legal system in which each case is considered in terms of how it relates to legal decisions that have already been made
- Evolves through judicial decisions over time.
- Can be codified
Common law changes
Series of cases in which analyses may differ and may change over time
Religious Law
- Based on religious beliefs and conventions
- A mixture of written codes and interpretations by religious scholars
- Employers may be expected to comply with local religious laws.
Rule of law
- No individual is beyond the reach of the law ‘
- Authority is exercised in accordance with written and publicly disclosed laws.
- Restrains governments from abusing their power to deprive citizens their rights
Rule of law considerations for organizations
Degree the rule of law is in a particular region - if laws to protect enterprise are in place and if they are enforced
If rule of law existis
There is greater predictability and less risk
Due process
- Laws are enforced only through accepted, codified procedures
- Therefore avoids arbitrary treatment and abuse of power.
Jurisdiction
- The right of a legal body to exert judicial authority over a region, subject matter, or individual.
- Think location
Territorial jurisdiction
- Allows a legal body to decide cases involving any activity that occurs within its borders (with certain exceptions).
- Host- rather than home-country laws may apply to corporate activities.
Conflict of laws in jurisdiction
Occurs when the laws of two or more jurisdictions with ties to a lawsuit differ and in which the outcome of the case may depend on which jurisdiction’s laws are applied.
Forum or jurisdiction shopping
When plaintiffs seek to bring their suit in a jurisdiction more likely to be sympathetic to their claims.
Forum or jurisdiction shopping is rarely effective when
Employment contracts are concerned, since residency laws favoring the jurisdiction in which the work is actually done tend to prevail.
Level of law includes
- National
- Subnational
- Extraterritorial
- Regional/supranational
- International
National level of law
Laws enacted by the highest or federal legislative bodies of a country Intended to apply across the entire nation.
Subnational level of law
- Municipalities, states, provinces, or regions within a nation.
- The relationship between subnational and national laws can be complex.
- Ex: States in the U.S. Federal
Extraterritorial level of laws
Extend the power of a country’s laws over its citizens outside that country’s sovereign national boundaries
Extraterritorial level of law for employees
Can affect assignee or employees travailing for work
U.S. extraterritorial laws apply to
- Operations within the U.S.
- Even by a non-U.S.-owned organization and even if an organization’s employees are not U.S. citizens
- U.S. citizens (and sometimes non-U.S. citizens as well) working abroad for U.S. companies.
- Non-U.S. organizations doing business with U.S. organizations. (An example would be economic sanctions imposed on a foreign country’s banks for political reasons.)
Regional/supranational level of law
Binding agreements among nations of a region.
How is European Union a regional/supranational level of law
Is a political and well as economic organization.
Primacy or supremacy.
Regional or supranational rules may supersede conflicting national laws among participants
International law
Involves both the relationships between nations and the treatment of individuals within national boundaries. Applyin a country only when a country has ratified a related treaty or agreement HR professionals may work in countries that have joined these treaties or in organizations that have voluntarily accepted those legal practices as organizational standards
