Intro to Law Michael J. Bootsma

Societal/ Legal Relationships Sunday Sabbath Laws –Deuteronomy Chapter 5: 12 Women’s Rights Racial Discrimination –Brown v. Board of Education & Scottsboro Boys Right to Privacy –Abortion –Homosexuality

Outlook of the Judicial System Judicial Process v. Political Process Judicial Restraint v. Judicial Activism Political Correct Theory

Source of U.S. Law Merry Old England –Most of legal inquiry was mechanical and avoided factual inquiry - wager of law - ordeal – hot iron/cold water - trial battle -Normans introduce trial by inquisition 12 th century -12 recognitors sanction by the govt.

More English Law Judge gives legal advice and jurors are expected to be witnesses too. Finally lawyers introduced and eventually lawyers assume role of asking questions of witnesses Common Law Develops –Judge made law that is also called “unwritten law”

Court System in England Kings Courts and Courts of Equity –Kings Court awards money damages –Court of Equity could provide equitable remedies eg. Specific performance U.S. adopts common law – law that comes from courts and judges and not legislatures –Louisiana adopts a version of Roman Civil Law. The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French)

U.S. System Federalism is key concept State courts and Federal Courts Trial Courts and Appellate Courts Stare Decisis –Superior court findings are binding –Result is precedent –Superior Court “should” follow its own precedent –Easy to get around by distinguishing facts

Legislators Legislators make statutes –Federal and state legislatures Ordinances –Passed by county or city –Zoning ordinances – single houses or commercial Doctrine of Supremacy –Federal Law Prevails as a general rule

Executive Branch Makes Laws too Executive Orders Agencies – Dept of Homeland Security Also have congressional created agencies –SEC

Lawmaking by Courts Common law and written law Civil Law and Criminal Law Judicial Activism vs. Strict Constructionists –Roe v. Wade and Brown v. Board of Education No law covers every situation so judges make new law every day Lawmaking by initiative – people vote

Types and Classifications Federal Law –Constitution, Acts of Congress, Presidential Orders, and Agency Law State Law Civil Law –Pertains to civil rights or private rights. Suits can be brought by citizens or govt. Contracts – Criminal Law – deals with what are crimes and what their punishment should be. Enforced by the govt.

Classes Continued International Law –World Court –Sovereignty of Nations Concept Procedural Law –All the rules and mechanisms for processing civil and criminal cases. Sixth Amendment grants some procedural rights Substantive Law – defines duties, establishes rights and prohibits wrongs.

Ethics Why study ethics? Moral Reasoning – the process of determine whether a specific action is right or wrong. Duty Based Ethics –Golden Rule –10 Commandments –Kant Categorical Imperative Guiding principle – What would happen if everyone acted this way.

Ethics Continued Problem with duty based ethics is that it does not prioritize. Utilitarianism –“greatest good for the greatest number” Determine what actions are available and who will be affected Then determine the consequences Do a cost/benefit analysis –No problem with prioritizing

More Ethics Limits of Utilitarianism –What is the common denominator for happiness? –Reduces human beings to objects +/- –End justifies the means Non-Normative Statements – He went into the bar. Normative – He should not have went into the bar.

Other Sources of Law Coase Theorem Historical Law Positive Law Natural Law Legal Realism