Chapter 3 Kinds Of Law

How did Our Law Develop? English Common Law: Our Legal Heritage Common Law: United States Legal System – led to judge made law / case law Magna Carta: Provided protection against unreasonable acts by kings in 1215. Roman Civil Law: Body of regulations imposed by emperors of ancient Rome.

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

Types of Laws at each level Constitutions: documents define the fundamental laws of our country and each state (same for cities / counties) Statutes: laws enacted by our elected reps at the federal / state level. Local level = ordinances. Administrative regulations: laws created by administrative agencies at fed., state, and local levels. Case law: This is the law stated by judges in court opinions.

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

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

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

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

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

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

Validity Administrative Regulations and Validity Case Law 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

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

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

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

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