Section 1

 explain the stages in evolution of law.  describe the differences between common law and positive law.  describe the difference between law courts and equity courts.

 LAWS  Enforceable rules of conduct in a society, reflect the culture and circumstances that create them.  CODE  Laws grouped into an organized form.  King of Hammurabi, King of Babylon  Law code set down about 4,000 years ago  Similar to that found in our country’s law codes today.

 Laws reflect the wisdom – or lack thereof – of their creators.  Laws should be  predictable  flexible ▪ If not, there is chaos, unrest, and replacement of the system  Laws should not be ▪ too controlling ▪ too rigid to change

The best system of laws always gradually evolves towards a form that is most appropriate to the current standards of the people.

COMMON LAW  Laws based on current standards or customs of the people.  Used to settle disputes POSITIVE LAW  Law based on the dictates of a sovereign or central authority.

 The two great systems of law  Roman Civil Law ▪ Have adopted written, well-organized, comprehensive sets of statutes in code form. ▪ Louisiana only state whose law is based on civil law (Part of the territory purchased from France in 1803 – kept the same law set up by settlers).  English Common Law ▪ The 49 other states is based on ECL.

 Before ECL system barons ▪ Feudal barons acted as judges - - minor cases ▪ Disputes settled on basis of customs ▪ Laws differed from region to region ▪ Difficult for central government to maintain control  King Henry II wanted to improve the situation ▪ Appointed nobles as judges ▪ Judges ordered people to pay damages - -$$ or goods ▪ RIDE THE CIRCUIT - - good weather…holding court in the villages. ▪ LONDON - - bad weather…came together to hear cases. ▪ King’s or Queen’s Bench – most important cases

 JURY  King Henry – “We must decide cases in harmony.”  Judges selected citizens from each region to interpret the customs ▪ This group became known as a JURY. ▪ Juries are unique to ECL

 EQUITY - - An alternative to Common Law  Follow precedent ▪ Prior cases were used as a guide for deciding similar cases ▪ This helped provide stability  Courts were respected for its equity, or fairness  Injunction (order) **ordinarily prohibits something from being done.  Damages **Monetary award for the loss.

Section 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.