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Evolution of Law

Explore the development of various legal systems, such as Common Law, Equity, and Constitutional Law, and understand the differences between Criminal and Civil Law. Learn about the different types of laws in effect today and the key principles that guide them.

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Evolution of Law

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  1. Chapter 3 Kinds Of Law

  2. How did Our Law Develop? • English Common Law: Our Legal Heritage • Common Law: United States Legal System • 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. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. Schools of Legal Thought • Historical-Believe strongly in the rule of precedent • Sociological-Set new precedent-Take into account religion, politics • Analytical-the man is the law, inferior. • Natural-God-based upon majority. • Realist-Combination.

  15. Requisites of Law • Flexible • Certain • Knowable • Reasonably fair to all Judge-Hears original Trial Justice-Hears trial at appellate level.

  16. Keys to Observe in Solving Cases • Facts • Issue-Disputed Point • What rule of law is involved • How does this rule apply to the facts • Decision • Reasoning Venue- Geographical jurisdiction to hear a case.

  17. Changes in the Law • Adult Age • Drinking Age • Consumers are shielded • Workers Law is constantly changing to fit society Not all custom or ethical and social standards have the force of law.

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