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1-1. Our Laws and Legal System. Goals. 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. What is law?.

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  1. 1-1 Our Laws and Legal System

  2. Goals • 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

  3. What is law? • The enforceable rules of conduct in a society that reflect the culture and circumstances that create them

  4. Code • Laws grouped into an organized form • Similarities among different civilizations • King Hammurabi of Babylon • Created the first set of law code 4,000 years ago • Why would the codes still be needed today? • People are still committing the same types of offenses against others

  5. Stages in the Growth of Law 4 distinct stages in forming legal systems: • Individuals take revenge for wrongs done to them • Awards of money or goods are substituted for revenge • Court systems are formed • A central authority figure intervenes to prevent and punish wrongs

  6. Common vs. Positive Law • Laws should be flexible and predictable (stable society) • Too controlling and too rigid (overthrown) • COMMON LAW • Law based on current standards or customs of the people (Judges) • POSITIVE LAW • Law based on the dictates of a central political authority (sovereign) • Sovereign – superior to all / ruler

  7. Jurisdiction • The power to decide a case • Equity • Fairness • Injunction • Prohibits something from being done • Precedent • Courts use prior cases as a guide for deciding similar new cases

  8. 1.2 Types of Laws

  9. Goals • Explain how constitutional, statutory, case, and administrative laws are created • Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws • Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law

  10. Constitutions • Constitution • Document that sets forth the framework of a gov and its relationship to the people it governs • Constitutional Law • Law made when constitutions are adopted or amended, or when courts interpret constitutions • You are governed by both the constitution of the US and the constitution of your state

  11. Constitutions • The US Supreme court is the final interpreter of the federal constitution • Each state SC has the final authority on the meaning of its state constitution • Federal & state define and allocate certain powers in society

  12. Constitutions allocate powers: • Between the people and their governments • Between state governments and the federal government • Among the branches of the government

  13. Allocation of power between people and government • The first ten amendments • Bill of Rights – protects people from actions of their gov • Freedom of religion • Freedom of speech • Right to remain silent if accused of a crime

  14. Allocation of power between federal and state governments • Governmental powers over businesses are divided between fed and state • Interstate Commerce (two or more states) & Foreign - Federal • Intrastate Commerce (within one state) - State

  15. Allocation of power among the branches of government • Allocate Governmental powers among 3 branches of gov: • Executive • Legislative • Judicial • Creates a system of checks and balances • No branch of gov too powerful

  16. Statutes • The federal Constitution created the Congress of the US • State constitutions create state legislatures • State and fed legislatures are elected • Statutes • Laws enacted by legislatures • State delegates some authority to local gov (towns, cities, counties)

  17. Statutes (cont) • Ordinance • Legislation enacted at the local level

  18. Administrative Regulations • Administrative agencies – Governmental bodies created by federal, state, and local legislatures to carry out particular laws (rules/regulations) • SS • Division of motor vehicles • County’s zoning commission • Controlled by the executive branch • President, Governor, Mayor

  19. Cases • Judicial branch creates case law • Case Law • Law made after a trial has ended and one of the parties has appealed the result to a higher court • Case law arises out of the doctrine of stare decisis (“to adhere to decided cases”) • The legal doctrine that requires lower courts to follow established case law in deciding similar cases • Does NOT bind Supreme Courts • Pg 10

  20. What happens when laws conflict? • City vs. state (speed limit) • Federal Constitution “the supreme law of the land” • Fed, state, or local law are not valid if they conflict with the fed const • State constitution is supreme to all other state laws • Unconstitutional • A law that is invalid because it conflicts with a constitution • Courts are not the ultimate authority • People (through votes for representatives) have the power to amend the constitution

  21. What happens when laws conflict? • Example (City) • Illegal to sell gas for more than $1 per gallon • Conflicted with the federal constitution (regulate commerce) • The death penalty mandatory for persons who commit murder within the city limits • Only the state has the power to set penalties for murder

  22. Law classifications: • Civil Law • Criminal Law • Procedural Law • Substantive Law • Business Law

  23. Criminal vs. Civil Law • Civil Law • The group of laws that redress wrongs against individual persons • Private legal rights of an individual are violated • When one person has a right to sue another person • Ex – tenant fails to pay rent • Crime • An offense against society

  24. Criminal vs. Civil Law • Criminal Law • Laws governing the citizens’ right to live in peace • Conviction of crime: • Fine • Imprisonment • Execution (in some states)

  25. Procedural vs. Substantive Laws • Procedural Law • Laws dealing with methods of enforcing legal rights and duties • Ex – How and when police can make arrests • Substantive Law • Laws defining rights and duties of conduct except those involved in enforcement • Define offenses such as murder, theft, vehicular homicide, breach of contract, and negligence

  26. Business Law • Business Law • Laws that apply to business situations and transactions • Largely concerned with civil law (contracts) • Torts (civil offenses) • Private wrongs against people or organizations • Ex – Manufacturer makes defective products that injure people • UCC – Uniform Commercial Code (widely adopted uniform business law)

  27. Summary • Constitutions – Government’s framework and relationships to the people; governed by both the US Constitution and state constitution; define and allocate certain powers in our society • Statutes – legislature-enacted laws • Administrative Regulations – government bodies formed to carry out laws • Cases – created by judicial branch; made from appeals to a higher court

  28. Concepts in Brief • Pg 14

  29. Assignment • Pg 12 Law in the Media • Pg 13 #1-9, 10-12, 14 • Pg 14 Vocabulary #1-14 • Pg 15 Legal Concepts #16, 17, 18, 20, 22, 24, 27, 28 • Pg 16 – Pick one case

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