1. Chapter 1 Laws & Their Ethical Foundation
Law in Society
Ms. Baumgartner

2. Planning a Career in Law
Trial Lawyer
Let’s read & discuss p3 together…

3. VOCABULARY Laws Code: Common Law: Positive Law: Jurisdiction: Equity
laws grouped in organized form
Common Law:
laws based on current standards or customs of the people
Positive Law:
laws sent down by a higher authority to prevent
disputes from happening in the first place
Jurisdiction:
the power to decide a case
Equity
fairness

4. What is Law?
Laws – enforceable rules of conduct in a society that reflect the culture and circumstances that create them
Code – laws grouped into an organized form

5. What is Law? Stages in the Growth of Law
Most societies go through 4 distinct stages in forming their legal systems:
Individuals are free to take revenge for wrongs done to them (Gang Wars)
A leader acquires enough power to be able to force revenge-minded individuals to accept an award of goods or money instead
The leader gives this power to a system of courts
The leader or central authority acts to prevent and punish wrongs that provoke individuals to seek revenge

6. What is Law?
Common law – law based on the current standards or customs of the people, usually formed from the rules used by previous judges to settle people’s disputes
Positive law – laws dictated by an authority to prevent disputes and wrongs from occurring in the first place

7. WORLD’S 2 GREAT SYSTEMS OF LAW
Roman Civil Law: Louisiana (only state) with systems that are written, well-organized and in code form but never finalized or determined. Only changed by central government—not by the people.
English Common Law
Barons acted as judges; disputes settled on basis of customs. Differed region to region
In 1150, King Henry gave judges power to order wrongdoers pay the parties they injured
Judges would come to you “King’s Bench”
Baron’s courts decided less serious cases
King’s court always took jurisdiction over important cases
King had judges appoint citizens to act as JURY

8. ADVANTAGES OF English Common Law
Same judicial process over and over—no surprises, people aware
Uniformity—same across the board
Adapts to changes in society and customs
** US is based on English Common Law **
** common law example pg7 **

9. Jurisdiction: the top power to decide a case
Promotes EQUITY (fairness)

10. 1-1 Assessment
Complete as a class

11. What Are the Sources of Law?
Constitution – a document that sets forth the framework of a government and its relationship to the people it governs
You are governed by both the U.S. and the your state Constitution
The U.S. Constitution is “the supreme law of the land”
This means no other law may conflict
The Supreme Court is the final interpreter of the federal Constitution

12. What Are the Sources of Law?
Constitutions allocate powers
Between the people and their governments
Between state governments and the federal governments
Among the branches of the government
U.S. Constitution Congress
State Constitutions state legislatures
Both are composed of elected representatives of the people

13. LAW ENACTMENTS Body of People Who Included
Federal Constitution—U.S. Congress
Legislatures (state or federal) create laws called statutes
EX: CIGARETTE WARNINGS
Legislation at the local level is called an ordinance. (city/town rules)

14. Cases The judicial branch of government creates case law.
created when an appellate court approves a rule to be used when deciding a court case. Appellate court looks into past court cases to see if/when errors were made.
It is created usually when a trial has ended and one party appeals the result to a higher court. The newly established law is used in deciding the case and others similar to it.

15. What Are the Sources of Law?
Stare decisis – “let the decision stand,” doctrine requiring lower courts to follow established case laws in deciding similar cases
Administrative agencies – governmental bodies formed to carry out particular laws
Ex) Social Security Administration, AL Dept. of Motor Vehicles, Russell County zoning commission

16. What Happens When Laws Conflict?
Sometimes laws created by different levels of government conflict
Usually federal law prevails over state law and state law prevails over local law
Remember that Constitutions are the highest sources of law and the U.S. Constitution is “the supreme law of the land” (supremacy)

17. Kinds of Laws
Civil Law – a law that addresses wrongs done to individuals.
When private legal rights of an individual are violated.
When one person has the right to sue another person.
EX: a tenant fails to pay the rent, the landlord has the right to sue. The police DO NOT take action.
EX: Judge Judy

18. Criminal Law – sets punishments for offenses against society
When your right to live in peace is violated by a crime
Police are involved and prosecute guilty party
Convictions can result in: fines, imprisonments, and execution

19. Other Types of Laws
Procedural Law – deals with methods of enforcing legal rights and duties.
Laws that specify how and when police can make arrests and what methods can be used in a trial.
EX: Stare Decisis
2 types:
CRIMINAL PROCEDURE (the process for enforcing the law when someone is charged with a crime)
CIVIL PROCEDURE (what to follow when a civil law has been violated)

20. Substantive Law –defines rights and duties; concerned with all rules of conduct—except those in law enforcement
Defines offenses like murder, theft, negligence
Business law – covers rules that apply to business situations and transactions

21. 1-2 assessment

22. Ethics and the Law
Ethics – practice of deciding what is right or wrong in a reasoned, impartial manner
To make ethical decisions, we usually must base our decisions on reason, not emotion
Consequence-based reasoning
Rule-Based reasoning

23. Civil disobedience – open, peaceful, violation of the law to protest what people think is injustice

24. Silly Laws in the U.S. In the great state of AL:
It is considered an offense to open an umbrella on a street, for fear of spooking horses.
It is illegal to sell peanuts in Lee County after sundown on Wednesday.
Putting salt on a railroad track may be punishable by death.
It is illegal for a driver to be blindfolded while operating a vehicle.

25. 1-3 assessment Chapter 1 Assessment: 1-16, 23, 25, 33
Find 3 silly laws for Alabama