Chapter 1

 That which must be obeyed and followed by citizens, subject to sanctions or legal consequences  A body of rules of action or conduct prescribed by controlling authority and having binding legal force Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-2

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-3 Keeping the peace Shaping moral standards Promoting social justiceMaintaining the status quoFacilitating orderly changeFacilitating planningProviding a basis for compromiseMaximizing individual freedom

 The U.S. legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced  However, some misuses and oversights of our legal system allow some guilty parties to go unpunished Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-4

 U.S. law has evolved and changed along with the norms of society, technology, and the growth and expansion of commerce in the United States and the rest of the world Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-5

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-6 The philosophy or science of the law

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-7 Law is based on what is “correct” Natural Law School Law is an aggregate of social traditions and customs Historical School Law is shaped by logic Analytical School Law is a means of achieving and advancing certain sociological goals Sociological School

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-8 Law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society’s morality, history, logic, or sociology Command School Legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo Critical Legal Studies School Promoting market efficiency should be the central concern of legal decision making; also called the Chicago School Law and Economics School

 English common law  Developed by judges who issued their opinions when deciding a case  The principles became precedent for later judges deciding similar cases Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-9

 Law court  A court that developed and administered a uniform set of laws decreed by the kings and queens after William the Conqueror  Legal procedure was emphasized over merits  Court of Chancery (Equity Court)  Established because of some unfair results and limited remedies available in the law courts  The chancellor’s remedies were called equitable remedies because they were shaped to fit each situation Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-10

 Merchant court  Merchants in the Middle Ages developed their own set of rules to solve commercial disputes; these rules became the Law Merchant and were based on common trade practices and usage  A separate set of courts, called the Merchant Court, was established to administer these rules Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-11

 Constitution of the United States of America: The supreme law of the United States  It created three branches of government and gave them the following powers: ▪ Legislative branch (Congress): to make the law ▪ Executive branch (president): to enforce the law ▪ Judicial branch (courts): to interpret and determine the validity of the law  Powers not given to the federal government by the Constitution are reserved for the states Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-12

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-13 A treaty is a compact made between two or more nations The president can enter into treaties with the consent of two-thirds of the Senate

 Statutes: Written laws that establish certain courses of conduct that covered parties must adhere to  The U.S. Congress is empowered by the Commerce Clause and other provisions of the U.S. Constitution to enact federal statutes to regulate foreign and interstate commerce Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-14

 State legislatures enact state statutes  They can be placed in code books  They can be assessed in the hardcopy code books or online Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-15

 State legislatures delegate lawmaking authority to local government bodies  These governmental units are empowered to adopt ordinances  The local government bodies include cities and municipalities, counties, school districts, and water districts Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-16

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-17 An order issued by a member of the executive branch of the government The president and state governors can issue executive orders

 Administrative agencies: Agencies that the legislative and executive branches of federal and state governments are empowered to establish  Administrative agencies adopt rules and regulations to interpret statutes that they are authorized to enforce  They have the power to hear and decide disputes ▪ Their decisions are called orders Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-18

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-19 A decision about an individual case issued by a federal or state court

 Based on the common law tradition, past court decisions become precedent for deciding future cases  Precedent: Rule of law established in a court decision  Lower courts must follow the precedent established by higher courts  Stare decisis—adherence to precedent Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-20

 The U.S. Constitution and treaties take precedence over all other laws  Federal statutes take precedence over federal regulations  Valid federal law takes precedence over any conflicting state or local law Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-21

 State constitutions rank as the highest state law  State statutes take precedence over state regulations  Valid state law takes precedence over local laws Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-22

 Computers have revolutionized society  Digital devices and technologies have introduced new ways of communicating  The electronic age arrived before new laws were written that were unique and specific for this environment  U.S. Congress has led the way, enacting many new federal statutes to regulate the digital environment Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-23

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.1-24