COMPARATIVE LAW AND BUSINESS

Comparative Law and Business

Comparative Law and Business

Introduction

The laws of the California originated primarily from the common law of England from which the time of the American Revolutionary War had legal force. Since then, the California Constitution went into effect; it applies together with the federal laws and international treaties to which the California involves, now as the highest source of law. These represent the base, but also the restrictions for the entire federal law and the law in the 50 states.

The legal system of California has substantial content and process of the Spanish and French law from his belonging to the Spanish and French Empire. It also maintained in this respect unique among the 50 U.S. states (Tomlins 2000 ,p. 911). In California, the right to Law of four types of sources can be deduced constitutional law, administrative regulations, formal laws and common law. The main source of law is the American Constitution, because all her other sources of law are subordinated. Law that tries to break the rules of the Constitution is both object and effect. For example, if Congress passed a law that is incompatible with the Constitution, then the Supreme Court of the United States the law as unconstitutional and thus classify declare as void.

California Common Law

Although the California and many countries of the Commonwealth of Nations are heirs of the British Common Laws, the California legal system is significantly dependent. This stems largely from the long ago period in which the California legal system developed independently by the British. Accordingly, the courts look to the California, usually in the analysis of any applicable legal principles in the British common law only to the early 19th Century.

While, it is common practice in the Commonwealth states that courts can import decisions and principles from other Commonwealth countries. However, it is rare in California jurisprudence. Exceptions are only possible where ever find any relevant American cases, the facts are almost identical and the explanation is very convincing. Early American decisions frequently quoted British cases, such quotes but disappeared during the 19th Century, when the courts were clearly American solutions to localized conflicts. In the current case, law relating to almost all citations to American cases (Friedrichs, 2006: 56-78).

Federal Law

Federal law is derived from the Constitution of California, which settles all legislative powers at the federal level in Congress (Simon 1999,p. 143). Here, are the skills that belong at all to the federal level, because of the targeted federalism in the Constitution strictly limited. Almost all laws are in the California Code codified. Many laws give authorities the executive branch the power to enact ordinances with full force. Federal law originates from the constitutions. In US jurisdiction congress came into power after the federal law enacted the statues of the regulating interstate commerce. All the codes of the federal codes included in the United States Code.

Federal State law

The fifty states have as part of sovereign political units have their own ...