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Chapter 3. Kinds Of Law. How did Our Law Develop?. English Common Law: Our Legal Heritage Common Law: United States Legal System – led to judge made law / case law Magna Carta: Provided protection against unreasonable acts by kings in 1215.
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Chapter 3 Kinds Of Law
How did Our Law Develop? • English Common Law: Our Legal Heritage • Common Law: United States Legal System – led to judge made law / case law • Magna Carta: Provided protection against unreasonable acts by kings in 1215. • Roman Civil Law: Body of regulations imposed by emperors of ancient Rome.
Equity • Equity: Alternative to the Common Law • Money Damages: A court-ordered payment by the defendant to the plaintiff. • Specific Performance: Completion of an agreement as promised • Injunction: Order of a court to do or not to do a specified thing • Equity: Form of justice administered when there is no suitable remedy available in common law courts
Types of Laws at each level • Constitutions: documents define the fundamental laws of our country and each state (same for cities / counties) • Statutes: laws enacted by our elected reps at the federal / state level. Local level = ordinances. • Administrative regulations: laws created by administrative agencies at fed., state, and local levels. • Case law: This is the law stated by judges in court opinions.
What Types of Law do we Have Today? • Constitutional Law • Allocates Powers • between the people and their government • between state governments and the federal government • among the branches of the governments • Rights that protect people from government action • Freedom of religion • Freedom of speech, press, and peaceable assembly • Security in person and property against unreasonable searches and seizures
Kinds of Law-Constitutional • Right to remain silent if accused of a crime and to enjoy a speedy and public trial by an impartial jury • Protection from cruel and unusual punishment if convicted of a crime • Right to fair compensation for private property taken by the government for a public purpose • Protection from the taking of life, liberty, or property with out due process of law • Interstate Commerce: between two or more states • Intrastate Commerce: occurs with in one state
Kinds of Law-Statute-Admin. • Statutory Law • Statutes: law enacted by a state or federal legislature • Ordinance: statutory law created by a town, city, or county • Administrative Law • Administrative Agencies: government bodies formed to carry out particular laws • Administrative Laws (rules and regulations): created by administrative agencies to which legislative powers have been given by legislatures
Kinds of Law-Case • Case Law • Case Law: law created by appellate courts • Appellate Review: Review of the results of a trial by a higher court • Stare Decisis: the principle that new cases must be decided in ways consistent with prior case law
The Purposes of Law • To influence, establish, and enforce standards of conduct of business transactions • To provide for the recognition & protection of individual rights. • To provide ways of avoiding and, if necessary settling conflicts. • To promote justice & provide for the general welfare
Which Type of Law is valid when law Conflict? • Supremacy: supreme power or authority • Constitutions and Validity • Unconstitutional: invalid because in conflict with a constitution • Federal, state, and local constitutions are void when conflicted with the federal Constitution • Statutes and Validity • Constitutional: Fitting within the scope of powers delegated by the state • Courts determine the constitutionality of the statutes and ordinances
Validity • Administrative Regulations and Validity • Courts determine the validity • Case Law and Validity • Legislative bodies have the power to nullify a court’s interpretation of its statute or ordinance by abolishing or rewriting it
How do Criminal and Civil Laws Differ? • Civil Law: Refers to wrongs against individual persons • Liable: When the defendant must pay money to the plaintiff • Criminal Law: Law concerned with public wrongs against the society
How do Procedural and Substantive Law Differ? • Procedural Law: Rules for enforcement of legal rights and duties • Substantive Law: Rules that define legal rights and duties
What is Business Law? • Business Law: Rules that apply to business situations and transactions • Torts: Private wrongs against people or organizations • Uniform Commercial Code (UCC): A large set of business statutes which simplified, clarified, and modernized many laws relating to commercial transactions