CHAPTER 1 Our Laws & Legal System 1-1 Law, Justice, and You

Goals What is Law? 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? The enforceable _______ of conduct in a society that reflect the ______ and ____________ that create them

Stages in the Growth of Law 4 stages that _________ go through in forming their legal systems: Individuals take ________ for wrong done to them Awards of money or goods are __________ for revenge ________ systems are formed A _________ authority figure intervenes to prevent and punish wrongs

Common Law v. Positive Law Law based on _______ standards or _________ of the people Positive Law Law based on the _________ of a central political authority Common Law v. Positive Law

Fact Courts could use an ___________ to limit the number of picketers Strikers who violate the injunction can be held in ___________ of court and may go to _______ Fact

Early System of English Common Law Feudal barons acted as judges within their territories Disputes were _______ on the basis of local customs and _________ by the baron’s power (inconsistent from region to region) ___________ made it difficult for a central government to maintain control Early System of English Common Law

The Origin of Our Legal System English common law came into being as a result of _______-based laws being repeated over and over This differs from a traditional system of common law because of its uniformity and ability to adapt to changes in society (English common law system is used as a model because of this) The Origin of Our Legal System

Courts use _______ cases as a guide for deciding similar new cases Why do you think ___________ is important? It provides ___________ in the law What are the disadvantages of precedent? Rigid adherence to the proper form; courts can take action only ________ harm occurs Precedent

Basic fairness Why is equity missing from the early system of English common law? Equity was only available to persons who could _________ the king for help. Eventually a system of equity courts became available to all English citizens How is Equity administered in the United States? In all states but Arkansas, Delaware, Mississippi, and Tennessee, equity is administered through the _______ system Equity

Types of Laws Business Law UNIT 1-2

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 UNIT 1-2 Goals

What Are the Sources of Our Laws? Laws in the United States are created at all three levels of government- _______, _______, and ______ Laws at each level consist of the following laws: Constitutions Statues Administrative Regulations ________ What Are the Sources of Our Laws?

Law made when constitutions are adopted or amended, or when courts interpret constitutions. We are governed by both the ______________ and the constitution of our ________ Federal and state constitutions are concerned with defining and allocating certain ________ in our society The Supreme Court of the U.S. is the ______ authority on federal constitution and each state supreme court has the final say over its state constitution Constitutional Law

Constitutions Allocation of Power Between People and Government A Constitution is the _______ instrument for allocating powers between people and their governments A Constitution is the document that sets the framework of a Government & govern its people _______ __ _______- first 10 amendments of constitution, which protects people from actions of their government Protects __________ rights- freedom of religion, freedom of speech, and the right to remain silent if accused of a crime Constitutions

Allocations of Power Between Federal and State Governments __________ allocates powers between the federal and state governments Federal government regulates both foreign and _________ commerce (commerce between 2 or more states) State government regulates ___________ commerce (occurs within 1 state) States ____ have different laws as long as they are constitutionally valid Constitutions (cont.)

Allocation of Power Among the Branches of Government State and federal constitutions allocate governmental powers among the 3 branches of government: __________, ____________, and ________ (court system) Creates a system of checks and ________ No branch of government can become ____ powerful Constitutions (cont.)

Laws enacted by Congress (federal legislators) and state legislators who are _______ representatives of the people Ex. The law requiring cigarette warnings is enacted by the U.S. Congress States ________ some legislative authority to local governments (towns, cities, and counties) Laws are only effective within the boundaries of that local government Legislation at the local level is usually called an ________ What federal, state, and local laws can you think of? Laws made by a town, city or county are often called Ordinances Statutes

Administrative Regulations Administrative agencies are government bodies created by federal, state, and local __________ to carry out particular laws Federal _____________ Security Administration State division of motor vehicles (DMV) County zoning commission Administrative Regulations

Administrative Regulations (cont.) Administrative agencies are usually controlled by the _____________ branch of government (President, governor, or mayor) Legislators sometimes give agencies limited legislative and judicial powers allowing them to create administrative _______ and __________ Ex. Social Security Administration has the power to determine who meets the requirements to receive payments Administrative Regulations (cont.)

The judicial branch of governments creates _____ law, which is made after a trial has ended and one of the parties has appealed the result to a higher court _________ are based on legal rulings made by the lower court in deciding the case When the __________ court publishes its opinion on a case, that opinion may state new rules to be used in deciding the case and others like it. Federal and state courts establish case law The effectiveness of case law arises out of the doctrine of ______ _______ - which requires lower courts to follow established case law in deciding similar cases, but does not bind supreme courts Cases

What Happens When Laws Conflict? What’s Your Verdict? (pg. 10) Could the people do anything to change the effect of the Supreme Court decision? What can people do to change a decision made by the Supreme Court? Elected representatives can push to amend constitutions What are some examples of how people have amended state and the U.S. Constitution? (pg.612) What Happens When Laws Conflict?

What Happens When Laws Conflict? (cont.) What happens when laws created by different levels of government _____________? the legal rules for determining _________ establish which law is valid and should be enforced State Laws take precedence over Local Laws Federal Laws take precedence over State Laws What Happens When Laws Conflict? (cont.)

Constitutions and Validity _________________ are the highest source of law, therefore the federal Constitution is the supreme law If any federal, state, or local laws are not valid if they __________ with the federal Constitution When a law is invalid because it conflicts with a constitution, it is _______________ The appropriate supreme court determines whether a law is unconstitutional Constitutions and Validity

Statues and ordinances must be constitutional to be ___________ Ordinances cannot _______ the powers that are delegated to local governments by the states Courts determine the ______________ of statues and ordinances Ex. City enacted a law that it is illegal to sell gas for more than $1, or that if you commit murder within city limits will get the death penalty Statues and Validity

Administrative Regulations and Validity _______ also determine if administrative regulations are constitutional Courts may invalidate a rule or regulation if it’s outside the scope of powers _________ to the agency by the legislature that created it Administrative Regulations and Validity

Legislative bodies, not courts, have the _______ authority on the effects of statues and ordinances Legislative bodies have the power to ________ a court’s interpretation of a statue or ordinance by abolishing or __________ it People who ______ have the power, through their votes for representatives, to amend constitutions if they disagree with the court’s interpretations Case Law and Validity

What Are the Main Types of Law? Laws are classified in various ways including: civil laws, criminal laws, procedural laws, substantive laws, and business law What Are the Main Types of Law?

Civil law- the group of laws that remedy wrongs against __________ persons Civil law applies whenever one person has a right to ________ another person Ex. A person fails to pay rent, the landlord has the right to sue the tenant The police DO NOT take action in civil conflicts Criminal v. Civil Laws

A ______ is an offense against society, disrupting the stable environment we depend on to make civilization work Criminal law - a group of laws that defines & sets punishments of offenses against ________ If a crime is committed and the person who committed the crime can be found, they will be _____________ Convictions can result in a fine, imprisonment, execution (in certain states) Police DO take action in criminal cases The Prosecutor of a crime is usually the lawyer representing the “_______” (city, county or state) Criminal v. Civil Laws

Procedural v. Substantive Laws Procedural law- laws that deal with methods of enforcing legal ______ and _______ Laws that specify how and when police can make arrests and what methods can be used in a trial are procedural laws Stare decisis, rules for determining supremacy of conflicting laws Procedural v. Substantive Laws

Procedural v. Substantive Laws Substantive laws- 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 Two types: Civil Procedure: used when a _____ law has been violated (concerned only with private offenses) Criminal Procedure: used when someone is charged with a ______ Procedural v. Substantive Laws

Business Law- laws that apply to business situations and transactions Largely concerned with civil law: Contracts Torts- private wrongs against people or organizations Business Law