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Lessons. CHAPTER 1. Our Laws. 1-1 Our Laws and Legal System 1-2 Types of Laws. GOALS. Lesson 1-1. Our Laws and Legal System. Explain the stages in the evolution of law Describe the differences between common law and positive law

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our laws

Lessons

Chapter 1

CHAPTER 1

Our Laws

1-1 Our Laws and Legal System

1-2 Types of Laws

our laws and legal system

GOALS

Chapter 1

Lesson 1-1

Our Laws andLegal System

Explain the stages in the evolution of law

Describe the differences between common law and positive law

Describe the difference between law courts and equity courts

hot debate
Chapter 1HOT DEBATE
  • Donna Estes – driving S

-- 60 mph in 50 mph zone

  • Wilma Sexton – driving N

-- drinking and weaving in lane

-- about to miss turn

-- signaled briefly & made abrupt turn

 C A R S C R A S H E D 

hot debate1
Chapter 1Hot Debate
  • 1) Who was at fault?
  • Legally – both parties
  • 2) What arguments would Donna’s attorney present at the civil trial to determine who was negligent?
    • Prove Wilma was intoxicated
    • Wilma denied the right of way to Donna
    • Wilma was far MORE at fault than Donna
hot debate2
Chapter 1Hot Debate
  • 3) What arguments would Wilma’s attorney present?
    • Donna was exceeding the speed limit and therefore negligent
    • Accident would not have occurred had Donna not been speeding
what is law
Chapter 1WHAT IS LAW?
  • Laws are enforceable rules of conduct in a society
  • Code – laws grouped into an organized form
what s your verdict
Chapter 1What’s Your Verdict?
  • Bixby – believes basic nature of man has not changed, but # of facts we know has multiplied many times over
  • Lorenzo agreed – “Just compare the laws they had way back then with the ones we have now. We’re still making the same mistakes and still need the same protections from the conduct of others.”
what s your verdict1
Chapter 1What’s Your Verdict?

Do you think Lorenzo and Bixby are right?

  • Yes – the need for law has not changed much over recorded history
    • Still need same protections
    • Still need protections from the conduct of others
why do we need laws
Chapter 1Why do we need laws?
  • SOCIETY

protect individuals

settle disputes between individuals

  • COURTS

settle disputes

award damages

prevent/punish wrongs

what is law1
Chapter 1WHAT IS LAW?

Stages in the growth of law

  • Individuals take revenge for wrongs done to them (gang actions, harm to innocent bystanders)
  • Awards of money or goods substituted for revenge (sovereign)
  • Court systems are formed – subjects can go to court to be heard when wronged
  • A central authority figure intervenes to prevent and punish wrongs
what is the origin of our legal system
Chapter 1WHAT IS THE ORIGINOF OUR LEGAL SYSTEM?
  • Common law v. Positive law
    • Laws should be predictable and flexible
  • Common Law – law based on current standards or customs of the people
  • Positive Law – law based on the dictates of a central political authority
what is the origin of our legal system1
Chapter 1WHAT IS THE ORIGINOF OUR LEGAL SYSTEM?
  • 2 greatest systems of law:

English common law and Roman civil laws

Civil law – written, well-organized statutes in code form

Louisiana

  • English common law
what is the origin of our legal system2
Chapter 1WHAT IS THE ORIGINOF OUR LEGAL SYSTEM?
  • Barons acted as judges
      • laws differed from region to region
      • hardship on people
      • difficult for central government to maintain control
    • The King's courts – always took jurisdiction
    • Jurisdiction – the power to decide a case
    • Jury – important to decide cases in harmony with the customs of the people [unique to English common law]
    • Advantages – ability to adapt to changes in society created a model for the rest of the world
what is the origin of our legal system3
Chapter 1WHAT IS THE ORIGINOF OUR LEGAL SYSTEM?
  • Precedent– courts use prior cases as a guide for deciding similar new cases {provides stability in the law}
  • Disadvantages: rigid adherence to proper form

Courts limited to granting the remedy of money damages (harm had to already take place)

  • Equity: An alternative to common law - fairness
equity an alternative to common law
Chapter 1Equity: An alternative to common law
  • Nobles could sometimes get around the courts by directly petitioning the king for help.
    • Not a noble  no recourse
    • King eventually made Equity Courts available to everyone
    • Today, Equity & Law courts merged
  • Chancellors would hear the case
  • Injunction – court order issued to stop something from being done
equity an alternative to common law1
Chapter 1Equity: An alternative to common law
  • Labor strike in its fifth week
  • Strikers are tense and angry
  • Several days – 1,000 picketers gather at main gate
  • Chanting slogans & jeering those who enter the plant
  • Crowd throws rocks at workers who cross picket line
  • A company truck is set on fire and destroyed
equity an alternative to common law2
Chapter 1Equity: An alternative to common law
  • What’s Your Verdict?
  • What powers do the courts have that would be useful in this situation?
  • Court could grant a $ award to the company for the loss of the truck
  • Injunction to limit number of picketers at plant’s entrance