© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C HAPTER 1: I NTRODUCTION TO L AW

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Nature of Law.  Classification of Law.  Sources of Law.  Legal Analysis. T OPICS C OVERED C HAPTER 1: I NTRODUCTION TO L AW 2

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF L AW  Definition of Law. A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong” (Blackstone). 3

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF L AW  Functions of Law. To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change. 4

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF L AW  Legal Sanctions. Are means by which the law enforces the decisions of the courts.  Law and Morals. Are different but overlapping; law provides sanctions, while morals do not.  5

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF L AW LAW “You must drive on the right side of the road.” MORALS “You should not silently stand by and watch a blind man walk off a cliff.” BOTH “Thou shall not kill.”

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF L AW  Law and Justice. Are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good. 7

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C LASSIFICATION OF L AW  Substantive and Procedural Law. Substantive— law creating rights and duties. Procedural— rules for enforcing substantive law. 8

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C LASSIFICATION OF L AW  Public and Private Law. Public— law dealing with the relationship between government and individuals. Private— law governing the relationships among individuals and legal entities. 9

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C LASSIFICATION OF L AW  Civil and Criminal Law. Civil— law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity. Criminal— law establishing duties which, if violated, constitute a wrong against the entire community. 10

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C LASSIFICATION OF L AW

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C LASSIFICATION OF L AW

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. S OURCES OF L AW  Constitutional Law. Fundamental law of a government establishing its powers and limitations.  Judicial Law. Common Law body of law developed by the courts and Equity based upon principles distinct from common law and providing remedies not available at law. 13

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. S OURCES OF L AW  Legislative Law. Statutes adopted by legislative bodies includes Treaties and Executive Orders.  Administrative Law. Rules, regulations, orders, and decisions made by administrative agencies. 14

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H IERARCHY OF L AW U.S. Constitution Treaties Federal Statutes Federal Common Law State Constitution State Statutes State Administrative Law State Common Law

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L EGAL A NALYSIS  Reporters. State court decisions are printed in the National Reporter System: Atlantic (A., A.2d., A.3d.) South Eastern (S.E. or S.E.2d.) South Western (S.W., S.W.2.d., or S.W.3d.) New York Supplement (N.Y.S. or N.Y.S.2d.) North Western (N.W., or N.W.2d.) North Eastern (N.E. or N.E.2d.) Southern (So., So.2d., or So.3d.) Pacific (P., P.2d., or P.3d.)  16

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L EGAL A NALYSIS  Reporters. Federal court decisions are printed in the following reporters: District Courts (Fed. Supp. or Fed.Supp.2d.). U.S. Courts of Appeal (Fed., F.2d., or F.3d). U.S Supreme Court decisions are found in the “U.S.” reports, the “S.Ct.” reporter, and the L.Ed. Lawyers edition reporter.  17

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L EGAL A NALYSIS  Case Styles. Jones v. Brown. If Brown loses and decides to appeal the case is, Brown v. Jones. 18 Jones is the Plaintiff. Brown is the Defendant. Brown is the Appellant. Jones is the Appellee.

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L EGAL A NALYSIS  Normally legal opinions follow this order: Facts. Issues of law or fact. Legal principles involved. Application of legal principles. Decision. 19