What is the Law? Origins? Rationale behind? Why do we obey the law? (do we?) Is the law Moral? What types of laws are there? How do you feel about the law? Pember: Law is a set of rules that attempt to guide human conduct ad a set of formal, governmental sanctions that are applied when those laws are violated.

Ecclesiastical Law Earliest recorded law Authority derived from appeal to deity Early laws dealt with: Trade Marriage Morality Education True of Eastern and Western Religion

Common Law British Common Law, as early as 11th century Discovered Law When judges couldn’t ‘discover’…? Very Pragmatic – good for the colonies Sate Decisis – Key Point: Establishment of Precedent Talk about the practice – taking over law firm Discovered Law – discover the solution *What is the problem with common law? Not always just. Can be outdated?

Precedent Looking to the past to decide cases Advantages? Disadvantages? Can it evolve? American Tradition and precedent Legal Personal Justice No, it only binds those under the courts Jurisdiction

Precedent Played Out Court Options: Is precedent always binding? Accept the precident, modify it, distinguish it, overrule it Is precedent always binding? Hunch Theory Where can you find the law? Roger v. Texas, 345 U.S. 45 (2003)

The Law of Equity Blurry in today’s court 14th & 15th century (earlier in Church) Judicial Decree Advantages? Disadvantages? Restraining Orders & Preventative Laws Pentagon Papers / DeCSS Discretionary Decision by a judge

Statutory Law Created by legislative bodies Differences? Affects problems affecting society Anticipates Problems Criminal Laws are statutes Collected in codes & law books Statutory Construction Legislative Intent – loose v. strict construction Statutory construction - Courts deciding what the law means

Constitution The Law of The Land Silly British – No Constitution Wait… why is that silly, what does it do? People can change the law Called by 2/3 approved by 3/4 states Constitutions are short and vague When is a law unconstitutional? Vague Overbroad

Administrative Rules Executive Orders Clinton and the parks, Bush and Iraq More common: Administrative Agencies FCC FAA Appeal directly to the agency – usually a board Courts can review decisions Unconstitutional Exceeds authority Violates its own rules No evidence to support the ruling

Judicial system 52 Judicial systems (all established by constitutions) 50 courts, 1 Federal, 1 D.C. (busy busy) Each system has two sets of courts Trial & appellate Legislative makes the law, executive enforces it, judicial interprets Trial courts v. appellate courts Juries (fact finders)

Facts & the Law Facts consist of evidence and testimony Juries decide which evidence to believe Appellate courts ensure the law was applied properly to the facts… no new facts Appellate courts can send cases to retrial

Federal Court System All Federal Judges appointed by the pres. Supreme courts is the oldest, 1789 Original and appellate jurisdiction Primary task is appellate Appellate power comes from congress Direct Appeal (90% rejected) vs Writ. Arguments are short 30-60 min. + friends of the court

Supreme court opinions Court’s Opinion Concurring Opinion Dissenting Opinion Per Curiam (unsigned) opinion Memorandum order (no opinion given)

District Courts Each state has at least one Federal trials start here Circuit Courts (Utah is in the 10th) Hears only appeals

State Court System Varies greatly by state Has trial & appellate system Limited Jurisdiction County Courts General Jurisdiction One or more levels of appellate courts State Supreme Courts are THE final word All courts have the power of Judicial Review

Civil Lawsuits Plaintiff v. Defendant Civil v. Criminal Suit Complaint = pleading Demurrer / dismiss – even if the charges are true, no law has been broken Juries get judicial instruction Damages

Criminal Lawsuits Criminal Action = Criminal Prosecution Indicted by a grand jury vs information Arraignment is where pleas are entered Trail is similar