Chapter 1 The Legal Environment

Learning Objectives What is the Common Law tradition? What is a Precedent? When might a court depart from precedent? What is the difference between remedies at law and remedies in equity? What are some important differences between criminal law and civil law?

The Nature of Law The Natural Law Tradition Oldest and most significant view of law. Government and legal system should reflect universal moral and ethical principles. These principles are inherent in human nature. They can be discovered through right reason. Basis for natural rights.

Nature of Law Legal Positivism (or Positive Law) Applies only to citizens of that nation or society. No higher law than the nation’s highest governing body or court. Laws must be obeyed regardless of whether they are just or unjust. No view of “natural” rights. Morality of a law is irrelevant.

Nature of Law Historical School Emphasizes the evolutionary process of law. Concentrates on the origin and history of legal system. Looks to the past to determine laws for present. Law derives legitimacy from precedent.

Nature of Law Legal Realism View of law started in 1920’s. Law must be viewed within the social context. Judges should take economic and social realities into account. Sociological jurisprudence tends to be activistic, e.g., Civil Rights decisions. Do not feel bound by past decisions.

The Common Law Tradition Early English Courts of Law King’s courts started after Norman conquest of 1066. Established the common law—body of general legal principles applied throughout the English empire. King’s courts used precedent to build the common law.

The Common Law Tradition Stare Decisis Practice of deciding new cases based on precedent. Helps courts stay efficient. A higher court’s decision based on certain facts and law, is a binding authority on lower courts. Departures from precedent.

The Common Law Tradition Remedies: Law vs. Equity Remedy: means to enforce a right or compensate for injury to that right. Remedy at Law: in king’s courts, remedies were restricted to damages in either money or property. Equitable Remedy: based on justice and fair dealing a chancery court does what is right. Today, legal and equitable remedies are found in the same court.

Sources of American Law Constitutional Law Found in text and cases arising from federal and state constitutions. U.S. Constitution is the supreme law of the land. Statutory Law Laws enacted by federal and state legislatures. Local ordinances Uniform Laws (e.g.,Uniform Commercial Code)

Sources of American Law Administrative Law Rules, orders and decisions of administrative agencies, federal, state and local. Administrative agencies can be independent regulatory agency such as the Food and Drug Administration. Agencies make rules, then investigate and enforce the rules in administrative hearings.

Sources of American Law Case Law and Common Law Doctrines Much of the common law is still used today. Common law governs all areas not specifically covered by statutory or constitutional law. Restatements of the Law: modern compilations of common law principles found, e.g., in contracts, torts, property and agency.

Classifications of Law Substantive vs. Procedural Law Substantive: laws that define and regulate rights and duties. Procedural: laws that establish methods for enforcing and protecting rights. Civil Law and Criminal Law Civil: private rights and duties between persons and government. Criminal: public wrongs against society.

Classifications of Law National and International Law National: laws of a particular nation. Civil vs. Common Law: Civil law countries based on Roman code (e.g., Latin America). International: body of written and unwritten laws observed by nations when dealing with each other. Cyberlaw: governs internet transactions.

Appendix Finding Statutory Law. Finding Administrative Law. United States Code (USC). State Statutes. Finding Administrative Law. Code of Federal Regulations (CFR). Finding Case Law (Case Citations). Supreme Court Cases at Findlaw.com. Federal Court Cases at Findlaw.com. State Court Cases at Findlaw.com.

Appendix Toyota Motor Manufacturing v. Williams, 122 S.Ct. 681 (2002). Reading & Understanding Case Law Legal cases are identified by a “legal citation” (or a “cite”) as the example below: Toyota Motor Manufacturing v. Williams, 122 S.Ct. 681 (2002). Title: First Party is Plaintiff, second party is Defendant. The parties are either italicized or underlined.

Appendix Toyota Motor Manufacturing v. Williams, 122 S.Ct. 681 (2002). Reading & Understanding Case Law Legal cases are identified by a “legal citation” (or a “cite”) as the example below: Toyota Motor Manufacturing v. Williams, 122 S.Ct. 681 (2002). This is a U.S. Supreme Court Case (“S.Ct.”) found in Volume 122, Page 681. This case was decided in 2002.