Chapter 1: Laws and Legal Systems Lesson 1-1 pages 5-9 Objective: 1. Arrange the four stages of law in correct order. 2. Correctly classify scenarios into the 4 stages of law.

Overview In order to determine the sources of our laws, we must first learn what law is, identify the stages in the growth of law, understand common law verses positive law, and the origin of our legal system. In order to determine the sources of our laws, we must first learn what law is, identify the stages in the growth of law, understand common law verses positive law, and the origin of our legal system.

What is Law? The LAWS or enforceable rules of conduct in a society, reflect the culture and circumstances that create them. The LAWS or enforceable rules of conduct in a society, reflect the culture and circumstances that create them. Think about another country’s laws. For instance China. We don’t share the same laws because our culture is different from theirs, therefore; some of our laws don’t reflect their culture and vice versa. Think about another country’s laws. For instance China. We don’t share the same laws because our culture is different from theirs, therefore; some of our laws don’t reflect their culture and vice versa. We do share similar laws with some countries because we see many similarities in our culture. We do share similar laws with some countries because we see many similarities in our culture.

Stages in the Growth of Law Most societies go through four distinct stages in forming their legal systems. 1. Individuals take revenge for wrongs done to them. 1. Individuals take revenge for wrongs done to them. 2. Awards of money or goods are substituted for revenge. (Pay fines.) 2. Awards of money or goods are substituted for revenge. (Pay fines.) 3. Court systems are formed. 3. Court systems are formed. 4. A central authority figure intervenes to prevent and punish wrongs. (Laws are being formed… no revenge!) 4. A central authority figure intervenes to prevent and punish wrongs. (Laws are being formed… no revenge!)

Stage 1: Individuals take revenge for wrongs done to them. Injuries inflicted on one human being by another are matters for personal revenge. Injuries inflicted on one human being by another are matters for personal revenge. Those who are wronged feel that justice can be done only through punishing the wrongdoers. Those who are wronged feel that justice can be done only through punishing the wrongdoers. Such incidents usually disrupt the normal routine of the people and result in harm to innocent bystanders. (Killing, stealing, stoning, etc.) Such incidents usually disrupt the normal routine of the people and result in harm to innocent bystanders. (Killing, stealing, stoning, etc.)

Stage 2: Awards of money or goods are substituted for revenge. Money or goods are awarded as a substitute for revenge. Money or goods are awarded as a substitute for revenge.

Stage 3: Court systems are formed. Forming of the courts. Forming of the courts. Elders or priests (now a judge) generally preside over the courts. Individuals can go to the courts to be heard when they are injured by another in some way. Elders or priests (now a judge) generally preside over the courts. Individuals can go to the courts to be heard when they are injured by another in some way. This leads to the fourth stage. This leads to the fourth stage.

Stage 4: A central authority figure intervenes to prevent and punish wrongs. (Laws are being formed) Laws are formed to punish behaviors that injure others in certain ways. Laws are formed to punish behaviors that injure others in certain ways. The courts are used to prevent problems from arising; they uphold the law. The courts are used to prevent problems from arising; they uphold the law. *Review the four stages by random questioning.

4 Stages Wrap-up Each of the four stages helped a legal system of laws to form. Each of the four stages helped a legal system of laws to form. This legal system of laws evolved towards two forms: Common Law and Positive Law. Let’s take a look at these. This legal system of laws evolved towards two forms: Common Law and Positive Law. Let’s take a look at these.

Common Law verses Positive Law Common law is law based on the current standards or customs of the people. Common law is law based on the current standards or customs of the people. Usually is pronounced by judges who use it to settle people’s disputes. The term generally refers to "judge-made law”. Common law refers to law developed by judges through decisions of courts. Usually is pronounced by judges who use it to settle people’s disputes. The term generally refers to "judge-made law”. Common law refers to law developed by judges through decisions of courts. Positive law are set down by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place. Positive law are set down by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place. Think of these as “man-made laws”. Example: The Constitution, the 10 commandments, the Bible. Think of these as “man-made laws”. Example: The Constitution, the 10 commandments, the Bible.

Objective Determine the difference between law courts and equity courts. Determine the difference between law courts and equity courts. Pages 6-8 Pages 6-8

What is the origin of our legal system? The world’s two great systems of law are the English common law and the Roman civil law. The world’s two great systems of law are the English common law and the Roman civil law. 49 US states follow the English common law system. English colonist transported this system of law to this continent. 49 US states follow the English common law system. English colonist transported this system of law to this continent. Louisiana is the only state whose law is based on a civil law system. It was brought over by the French. Louisiana is the only state whose law is based on a civil law system. It was brought over by the French.

English Common Law Before the English common law system was developed in England, the laws of England differed from region to region. Before the English common law system was developed in England, the laws of England differed from region to region. This made it difficult for a central government to maintain control. This made it difficult for a central government to maintain control. King Henry decides to improve this situation by forming the English Common Law system. Here is how it was developed…… King Henry decides to improve this situation by forming the English Common Law system. Here is how it was developed……

English Common Law He appointed a number of judges from a group of trusted nobles. He appointed a number of judges from a group of trusted nobles. The King gave these judges the power to order that wrongdoers pay with money or goods the parties they injured. The King gave these judges the power to order that wrongdoers pay with money or goods the parties they injured. This continued, but the people felt they were wrongfully charged or justice wasn’t met. This continued, but the people felt they were wrongfully charged or justice wasn’t met.

English Common Law King Henry recognized that it was important to decide the court cases in harmony with the customs of the people. To do otherwise would cause unrest of the people, if not revolution. King Henry recognized that it was important to decide the court cases in harmony with the customs of the people. To do otherwise would cause unrest of the people, if not revolution. The judges were instructed to empanel citizens from each region to help interpret the customs. The judges were instructed to empanel citizens from each region to help interpret the customs. Jurisdiction – the power to decide a case Jurisdiction – the power to decide a case

English Common Law This panel of citizens evolved into what we know today as the jury. This panel of citizens evolved into what we know today as the jury. The jury is an institution unique to the English Common Law system. The jury is an institution unique to the English Common Law system.

English Common Law Advantages A web of custom-based common law developed. A web of custom-based common law developed. Has the ability to adapt to changes in society. Has the ability to adapt to changes in society. It’s flexible. It’s flexible. Has been a model for legal systems worldwide, including the United States. Has been a model for legal systems worldwide, including the United States.

Equity in court The English Common Law courts carefully followed precedent. This means the courts used prior cases as a guide for deciding similar new cases. The English Common Law courts carefully followed precedent. This means the courts used prior cases as a guide for deciding similar new cases. Following precedent helped to provide stability in the law. Following precedent helped to provide stability in the law. Equity was developed to provide basic fairness in court. Both sides in a case are treated fairly. Equity was developed to provide basic fairness in court. Both sides in a case are treated fairly.