1. CHAPTER 1
Introduction
to Law

2. Law is powerful Law is important Law is fascinating
Affects all people, from CEOs to children
Affects most of life, from work to leisure
Law is important
Virtually all known civilizations throughout history have had some kind of law.
But which is more important -- written law or the people who enforce it?
Law is fascinating
Complex, but never just theoretical
Televised trials often draw a large audience

3. Origins of Our Law -- Many Sources
Inherited much from British law.
Founding Fathers created a multi-level government which guaranteed citizens’ rights.
Accumulation of precedent in legal cases makes up the common law.
Statutes are passed by legislative body.
Substantive rules state parties’ rights.
Procedural rules determine how courts should settle disputes.

4. Sources of Contemporary Law
United States Constitution -- Law of the Land
Establishes Congress, the Presidency and Courts
Gives to states powers not given to Federal gov’t
Guarantees basic rights to all citizens
State Constitutions
Create state executive, legislative & judicial systems
Statutes – laws passed by federal & state governments

5. Sources of Contemporary Law (cont’d)
Common Law -- established by precedent, or earlier cases decided by courts
Equity – courts may issue rulings such as injunctions to provide an equitable remedy
Administrative Law -- created by agencies
Other – treaties and executive orders

6. Classifications of Law
Criminal Law
Civil Law
vs.
Dangerous behavior outlawed by society
Government prosecutes accused
Guilt is determined
Punishment or fine is imposed
Regulates rights and duties of parties
Victim, not govern-ment brings suit
Guilt not determined
Compensation is ordered

7. Classifications of Law (cont’d)
Substantive Law
Procedural Law
vs.
Defines the rights of the people
Establishes processes for settling disputes
Public Law
Private Law
vs.
Sets the duties of government to its citizens
Regulates duties between individuals

8. Law and Morality Actions may be legal, but immoral to some people.
Owning slaves in Colonial America was legal, but this violates most people’s moral standards today.
Drunk driving is both immoral and illegal.
Actions may be required by both moral standards and the law.
LAW
Helping a hurt person is required by moral standards, but is not mandated by the law.
Actions may be moral, but not required by law.
MORALITY

9. Jurisprudence, or “What is Law?”
Legal Positivism
“Law is what the sovereign says it is.”
Decisions stand, regardless of morality.
“An unjust law is no law at all and need not be obeyed.”
Natural Law
Laws must have a good moral basis.
“Enforcement of the law is more important than the law itself.”
Legal Realism
Enforcers determine if the law is applied in a fair and consistent way.

10. Case Analysis PLAINTIFF: the party who is suing
KUEHN V. PUB ZONE
364 N.J. Super. 301, 835 A.2d 692
Superior Court of New Jersey, Appellate Division, 2003
Facts: Maria Kerkoulas owned the Pub Zone bar. She knew that several motorcycle gangs frequented the tavern. From her own experience tending bar, and conversations with city police, she knew that some of the gangs, including the Pagans, were dangerous and prone to attack customers for no reason. Kerkoulas posted a sign prohibiting any motorcycle gangs from entering the bar while wearing “colors.”
Issue: Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?
Excerpts from Judge Bedsworth’s Decision: Once entry was achieved, the Pub Zone remained under a duty to exercise reasonable precautions against an attack. The jury’s verdict must therefore be reinstate
DEFENDANT: the party being sued
FACTS: background information on the case
LEGAL CITATION: where to find the case in a law library
ISSUE: the question being decided
Where and when the case was decided.
EXERPTS: the decision -- also called the holding -- and the court’s rationale