1 / 16

Evolution of Legal Systems: Common vs. Civil Law and Equity in Modern Society

Explore the origins of Common Law, Roman Civil Law, and Equity, along with the development of Constitutional, Statutory, Administrative, and Case Law in the United States. Discover the different types of laws at various levels and the significance of Business Law. Uncover how criminal and civil laws differ, as well as the contrast between procedural and substantive law in legal contexts.

asanders
Download Presentation

Evolution of Legal Systems: Common vs. Civil Law and Equity in Modern Society

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Chapter 3 Kinds Of Law

  2. 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.

  3. 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

  4. 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.

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. THE END

More Related