1. Laws and their ethical foundation
CHAPTER 1

2. 1-1 LAWS AND LEGAL SYSTEMS
WHAT IS LAW ?

3. LAWS ENFORCEABLE RULES OF CONDUCT IN A SOCIETY
LAWS REFLECT THE CULTURE AND CIRCUMSTANCES THAT CREATE THEM

4. LAWS ARE GROUPED INTO CODES

5. STAGES IN THE GROWTH OF LAW
MOST SOCIETIES GO THROUGH FOUR DISTINCT STAGES IN FORMING THEIR LEGAL SYSTEM

6. INDIVIDUALS ARE FREE TO TAKE REVENGE FOR WRONGS DONE TO THEM
1. FIRST STAGE
INDIVIDUALS ARE FREE TO TAKE REVENGE FOR WRONGS DONE TO THEM

7. AWARDS OF MONEY OR GOODS ARE SUBSTITUTED FOR REVENGE
2. SECOND STAGE
AWARDS OF MONEY OR GOODS ARE SUBSTITUTED FOR REVENGE

8. COURT SYSTEMS ARE FORMED
3. THIRD STAGE
COURT SYSTEMS ARE FORMED

9. 4. FOURTH STAGE
A CENTRAL AUTHORITY FIGURE INTERVENES TO PUNISH AND PREVENT WRONGS

10. COMMON LAW VS. POSITIVE LAW
A LEGAL SYSTEM THAT IS NOT PREDICTABLE :
WILL PRODUCE CHAOS
THE GOVERNMENT CAN BE OVER THROWN
CANNOT PRODUCE A STABLE SOCIETY

11. COMMON LAW…………………..Positive law
Law based on the current standards or customs of the people
Laws set down or dictated by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place.

12. What is the origin of the us legal system?

13. World’s TWO GREAT SYSTEMS OF LAW
ROMAN CIVIL LAW ENGLISH COMMON LAW

14. English common law……..roman civil law
U.S. FOLLOWS ENGLISH COMMON LAW IN 49 STATES
LOUISIANA IS BASED ON A ROMAN CIVIL LAW SYSTEM – THE FRENCH CODE

15. ROMAN CIVIL LAW
Louisiana state has adopted written, well-organized, comprehensive sets of statues in code form. The laws in these codes are typically only changed by the central government, not by the judges who administer them.

16. English common law All 49 states
Brought to US by colonists from England
Around 1150 King Henry II developed the King’s Bench
Judges were appointed from a group of trusted nobles by King Henry II
Good Weather months – judges would “ride circuit” into the countryside and hold court in villages
Bad weather months – judges stayed in London and sat together as a court to hear cases on appeal
King’s Bench (or Queen’s Bench) - the count formed by the “circuit – riding “ judges
King’s court always had jurisdiction over most important cases

17. JURISDICTION
THE POWER TO DECIDE A CASE

18. Jury
Citizens chosen from each region to help interpret the region’s customs for the court.

19. Advantages of English common law
Developed a uniform web of custom- based common law developed across the nation……called English Common Law system.
Achieves uniformity while maintaining an ability to adapt to changes in society.

20. equity
An alternative to Common Law

21. Precedent
Courts use prior cases as a guide for deciding similar new cases
It provides stability

22. Disadvantages of common law
Requires a rigid adherence to proper form.
Courts could only grant the remedy of damages. Courts had to wait until harm occurred before they could take action.

23. equity
Equity means FAIRNESS

24. INJUNCTION
PROHIBIT or STOP SOMETHING FROM BEING DONE

25. results
King created a system of equity courts for all citizens. Today in US – Law courts and equity courts are merged.

26. What are the Sources of Law ?
1-2 types of laws
What are the Sources of Law ?

27. Laws are created on 3 levels of government:
Federal
State
Local

28. THREE LEVELS OF GOVERNMENT
SOURCE OF OUR LAWS
FEDERAL
STATE
LOCAL
THREE LEVELS OF GOVERNMENT

29. There are 5 sources of law
Constitutions
Statutes
Ordinances
Case Law
Administrative Law

30. A document that SETs FORTH THE FRAMEWORK OF A GOVERNMENT
LAWS CONSIST OF :
1. CONSTITUTIONS
A document that SETs FORTH THE FRAMEWORK OF A GOVERNMENT

31. Constitution Supreme law of the land
Creates government framework and relationship to the people
US Constitution and state constitutions apply concurrently
US Constitution superior to the State constitution

32. Constitution allocate powers:
Between people and their governments. Federal and state constitutions are the main instruments for allocating powers between people and their governments.
Between Federal and State governments
Federal government regulates foreign and interstate (between states) commerce.
Intrastate (within state) commerce is left to state government to regulate.
Among the branches of government
Executive Legislative Judicial

33. CONSTITUTIONS ALLOCATE POWERS
BETWEEN PEOPLE AND THEIR GOVERNMENT THE BILL OF RIGHTS PROTECTS PEOPLE FROM ACTIONS OF THE GOVERNMENT

34. CONSTITUTION Allocates Power Among Three Branches of Government…this creates a system of checks and balances between branches of government and no branch becomes too powerful.
EXECUTIVE
LEGISLATIVE
JUDICIAL

35. The first 10 amendments of the Constitution.
Bill of rights
The first 10 amendments of the Constitution.
It reserves the rights of citizens
It protects from actions of governments

36. CONSTITUTIONAL LAW MADE WHEN…… CONSTITUTIONS ARE: ADOPTED AMENDED
WHEN COURTS INTERPRET CONSTITUTIONS

37. STATE CONSTITUTIONS
EACH STATE SUPREME COURT IS THE FINAL AUTHORITY ON THE MEANING OF ITS STATE CONSTITUTION

38. ALLOCATES POWER BETWEEN FEDERAL AND STATE GOVERNMENTS
CONSTITUTION
ALLOCATES POWER BETWEEN FEDERAL AND STATE GOVERNMENTS

39. EDUCATION LAWS ARE LEFT TO THE STATES
CONSTITUTION
EDUCATION LAWS ARE LEFT TO THE STATES

40. 2. STATUTES Laws enacted by legislatures
STATE AND FEDERAL LEGISLATURES ARE COMPOSED OF ELECTED REPRESENTATIVES OF THE PEOPLE.
ON BEHALF OF THE PEOPLE THEY ENACT LAWS CALLED STATUTES

41. 3. Ordinances LEGISLATION ON A LOCAL LEVEL IS CALLED AN ORDINANCE
A Piece of legislature created by a town or city council or county board or commission.
It is effective only within boundary of local government.

42. 4. CASE LAW CREATED BY THE JUDICIAL BRANCHES OF GOVERNMENT (COURTS)
Judicial branch of government creates case law after trial has ended and appeal to higher court.
Rules resulting from the case.

43. CASE LAW
COMES FROM THE DOCTRINE OF “STARE DECISIS”, WHICH IS LATIN FOR…….
“TO ADHERE TO THE DECIDED CASES” or “ LET THE DECISION STAND”
LOWER COURTS MUST FOLLOW ESTABLISHED CASE LAW
DOES NOT BIND SUPREME COURTS

44. 6. ADMINISTRATIVE agencies
ADMINISTRATIVE AGENCIES ARE GOVERNMENTAL BODIES FORMED TO CARRY OUT PARTICULAR LAWS.
EXAMPLES:
Social security
Motor vehicles
Zoning commission
Usually controlled by the executive branch of government.

45. ADMINISTRATIVE AGENCIES
LEGISLATURES GIVE THESE AGENCIES LIMITED JUDICIAL POWERS THEY ARE AUTHORIZED TO CREATE ADMINISTRATIVE LAWS CALLED… RULES AND REGULATIONS

46. WHAT HAPPENS WHEN LAWS CONFLICT?
Supremacy rules – holds that federal law prevails over state law and state law prevails over local (city and county) law. ANY FEDERAL, STATE, OR LOCAL LAW IS NOT VALID IF IT CONFLICTS WITH THE FEDERAL CONSTITUTION.

47. WHAT HAPPENS WHEN LAWS CONFLICT?
WITHIN each state, THE STATE CONSTITUTION IS SUPREME TO ALL OTHER STATE LAWS.

48. constitution
Highest sources of law Federal constitution is…… “THE SUPREME LAW OF THE LAND”

49. UNCONSTITUTIONAL
When any types of law is considered invalid because it conflicts with a constitution All statutes, ordinances, rules, regulations, and laws must be constitutional to be valid. US Constitution is the highest source of law in the country

50. What are the main types of laws?
Laws can be classified in various ways:
Civil law
Criminal law
Procedural law
Substantive law
Business law

51. 1. CIVIL LAW
Group of laws that allows individuals to seek legal remedies for wrongs done to them.
When a private legal right of an individual is violated.

52. Private wrongs against people or organizations. Civil offences.
TORTS
Private wrongs against people or organizations.
Civil offences.
CRIMES
Offense against society rather than individuals.

53. 2. Criminal law
Governs offenses or crimes against society.

54. CIVIL VS. CRIMINAL LAW
CRIME – AN OFFENSE AGAINST SOCIETY. THE GOVERNMENT WILL PROSECUTE

55. CRIMINAL VS. CIVIL LAW
A VIOLATION CAN BE BOTH A CRIME AND A CIVIL OFFENSE THE VICTIM OF A CRIME CAN SUE THE WRONGDOER

56. 3. Procedural law
Sets forth how rights and responsibilities can be legally exercised and enforced through the legal system.
Deals with methods of enforcing legal rights and duties.
There are two types…..

57. Two types of procedural law
CRIMINAL PROCEDURE Defines the process for enforcing the law when someone is charged with a crime.

58. Two types of procedural law
CIVIL PROCEDURE
Is used when a Civil Law has been violated.
Concerned only with private offences.

59. 4. SUBSTANTIVE LAW
Defines rights and duties
It defines offenses.

60. 5. Business law
Covers rules that apply to business situations and transactions.

61. Uniform commercial code - ucc
Provides uniformity in state commercial laws
Uniform set of laws pertaining to business.

62. 1-3 ethical bases for laws
Ethics and the law