Introduction to the Law Chapter 1 Introduction to the Law

Introduction Laws Affect us Everyday Stay in school Driver license Curfew Minimum Wage Rent Video / Go to movie theatre

Law - Defined Enforceable rules that govern how individuals deal with each other and interact with society as a whole. Must be enforceable to have meaning Police, Court system, lawyers

Stages in the Growth of Law Consider a day care Or the Sopranos

Where did Law come from? Two Great Systems English Legal System English Common and Roman Civil English Legal System Brought with colonists Known as COMMON LAW One state has a different heritage ???

Common Law Based on standards and customs Judge made Common everywhere in country Previously different regions had own customs Examples Loud music, barking dogs, etc. Judges look up rules to see if previous decisions have been made

Common Law vs. Positive Law Set down by a sovereign (central authority) Common Law King’s Bench - Jurisdiction Jury (the people know their customs) Example: Gwen vs. William Advantages?

Courts of Equity Addresses a major problem w/ Courts of Law Do not have to suffer damages Injunction US courts have merged the two

Courts of Law vs. Courts of Equity Provides monetary damages when that will repair wrong created by defendant Everything not covered in C.O.E. Jury Provides fairness & justice when money will not fix problem Family Law Probate Trusts Specific performance No Jury Legal Focus Page 16

Other Sources Constitution (Constitutional Law) Written document that spells out powers and limits of government. 51 – 50 state and 1 federal What happens when federal and state constitutions conflict?

Other Sources Statute Ordinances Administrative Law Law originated by Congress or State Legislative body – signed by governor or president Ordinances Administrative Law Regulations, Rules, Orders and decisions of agencies. Ex: Pollution Control – Leaf Burning, FDA Regs. What’s your verdict pg 12

Continuity and Common Law Continuity is valued in our legal heritage Precedents Establishes Case Law Prior cases with same facts and figures Stare Decisis – “Let it Stand” Important Because: Don’t Start from scratch Biases have less chance to interfere Makes system more efficient More stability

Precedents Why Overturn? Legal Issue Page 7 – Desegregation Reasoning No Longer Valid Publicity School Prayer Women in certain occupations Segregation Speed Limit Restrictions Legal Issue Page 7 – Desegregation

Adversary System of Justice Each person takes opposing sides of argument to legal actions and are opponents Each side responsible for bringing facts and laws relating to the case to court. Pros / Cons?

Adversary System of Justice Plaintiff Person who sues Murder or theft – State is Plaintiff Defendant Person against whom action is brought

Adversary System of Justice Judge Referee – makes sure rules and procedures are followed Jury Group of persons chosen to decide outcome – rule on questions of fact Debate How does money impact this system?

Inquisitorial System of Justice Judge takes more active role Makes inquiries of Plaintiff & Defendant Investigates, questions witnesses, and seeks evidence. Used in Germany, Argentina, France, etc.

Types of Laws Criminal vs. Civil State vs. Federal Procedural vs. Substantive Courts of Law vs. Courts of Equity

Criminal vs. Civil Wrongs Against Society Gov’t is plaintiff Represents public Fines / Imprisonment Deals with private Rights and Duties that exist between parties Injured party is plaintiff Damages / Specific Performance What’s your verdict pg. 13

State vs. Federal State Constitution Laws passed by state legislature Regulations created by state agencies DMV U.S. Constitution Laws passed by Congress Treaties, Presidential orders Regulations created by federal agencies EPA, FDA Federal Law Trumps State Law

The Uniform Commercial Code - UCC A uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practice. Is this good? Why? Makes doing business easier Uniformity

Procedural vs. Substantive Form Legal Rules for processing civil & criminal cases through the court system Statute of Limitations Laws that enforce rights and duties Substance Laws that define duties, establish rights and prohibit wrongs Murder is illegal

Quick Review How was common law developed? Are judges required to follow the doctrine of stare decisis? Who is considered to be the plaintiff in criminal law cases? Who participates in the legal proceedings to represent the state? Explain: The supreme law of the land is the U.S. Constitution What type of law guides a case through the system?

Ethics Rule Based Consequence Based In This Case pg 16 WYV pg 16 Civil Disobedience

Court Decisions Appeals Process Case title Opinions Who can appeal? Plaintiff is listed first Appeals may reverse order Opinions Unanimous, Majority, Concurring, Dissenting

Stambovsky vs. Ackley What was the result of the suit? Did the court assert that the house was truly haunted? Why did the court reverse the trial court’s decision? Was the decision fair? Why or Why not?

End of Chapter Quiz