1. Introduction to the Law
Chapter 1
Introduction to the Law

2. Introduction Laws Affect us Everyday Stay in school Driver license
Curfew
Minimum Wage
Rent Video / Go to movie theatre

3. Law - Defined
Enforceable rules that govern how individuals deal with each other and interact with society as a whole.
Must be enforceable to have meaning
Police, Court system, lawyers

4. Stages in the Growth of Law
Consider a day care
Or the Sopranos

5. Where did Law come from? Two Great Systems English Legal System
English Common and Roman Civil
English Legal System
Brought with colonists
Known as COMMON LAW
One state has a different heritage
???

6. Common Law Based on standards and customs Judge made
Common everywhere in country
Previously different regions had own customs
Examples
Loud music, barking dogs, etc.
Judges look up rules to see if previous decisions have been made

7. Common Law vs. Positive Law
Set down by a sovereign (central authority)
Common Law
King’s Bench - Jurisdiction
Jury (the people know their customs)
Example: Gwen vs. William
Advantages?

8. Courts of Equity Addresses a major problem w/ Courts of Law
Do not have to suffer damages
Injunction
US courts have merged the two

9. Courts of Law vs. Courts of Equity
Provides monetary damages when that will repair wrong created by defendant
Everything not covered in C.O.E.
Jury
Provides fairness & justice when money will not fix problem
Family Law
Probate
Trusts
Specific performance
No Jury
Legal Focus Page 16

10. Other Sources Constitution (Constitutional Law)
Written document that spells out powers and limits of government.
51 – 50 state and 1 federal
What happens when federal and state constitutions conflict?

11. Other Sources Statute Ordinances Administrative Law
Law originated by Congress or State Legislative body – signed by governor or president
Ordinances
Administrative Law
Regulations, Rules, Orders and decisions of agencies.
Ex: Pollution Control – Leaf Burning, FDA Regs.
What’s your verdict pg 12

12. Continuity and Common Law
Continuity is valued in our legal heritage
Precedents
Establishes Case Law
Prior cases with same facts and figures
Stare Decisis – “Let it Stand”
Important Because:
Don’t Start from scratch
Biases have less chance to interfere
Makes system more efficient
More stability

13. Precedents Why Overturn? Legal Issue Page 7 – Desegregation
Reasoning No Longer Valid
Publicity
School Prayer
Women in certain occupations
Segregation
Speed Limit Restrictions
Legal Issue Page 7 – Desegregation

14. Adversary System of Justice
Each person takes opposing sides of argument to legal actions and are opponents
Each side responsible for bringing facts and laws relating to the case to court.
Pros / Cons?

15. Adversary System of Justice
Plaintiff
Person who sues
Murder or theft – State is Plaintiff
Defendant
Person against whom action is brought

16. Adversary System of Justice
Judge
Referee – makes sure rules and procedures are followed
Jury
Group of persons chosen to decide outcome – rule on questions of fact
Debate
How does money impact this system?

17. Inquisitorial System of Justice
Judge takes more active role
Makes inquiries of Plaintiff & Defendant
Investigates, questions witnesses, and seeks evidence.
Used in Germany, Argentina, France, etc.

18. Types of Laws Criminal vs. Civil State vs. Federal
Procedural vs. Substantive
Courts of Law vs. Courts of Equity

19. Criminal vs. Civil Wrongs Against Society Gov’t is plaintiff
Represents public
Fines / Imprisonment
Deals with private Rights and Duties that exist between parties
Injured party is plaintiff
Damages / Specific Performance
What’s your verdict pg. 13

20. State vs. Federal State Constitution Laws passed by state legislature
Regulations created by state agencies
DMV
U.S. Constitution
Laws passed by Congress
Treaties, Presidential orders
Regulations created by federal agencies
EPA, FDA
Federal Law Trumps State Law

21. The Uniform Commercial Code - UCC
A uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practice.
Is this good? Why?
Makes doing business easier
Uniformity

22. Procedural vs. Substantive
Form
Legal Rules for processing civil & criminal cases through the court system
Statute of Limitations
Laws that enforce rights and duties
Substance
Laws that define duties, establish rights and prohibit wrongs
Murder is illegal

23. Quick Review How was common law developed?
Are judges required to follow the doctrine of stare decisis?
Who is considered to be the plaintiff in criminal law cases? Who participates in the legal proceedings to represent the state?
Explain: The supreme law of the land is the U.S. Constitution
What type of law guides a case through the system?

24. Ethics Rule Based Consequence Based In This Case pg 16 WYV pg 16
Civil Disobedience

25. Court Decisions Appeals Process Case title Opinions Who can appeal?
Plaintiff is listed first
Appeals may reverse order
Opinions
Unanimous, Majority, Concurring, Dissenting

26. Stambovsky vs. Ackley What was the result of the suit?
Did the court assert that the house was truly haunted?
Why did the court reverse the trial court’s decision?
Was the decision fair? Why or Why not?

27. End of Chapter
Quiz