1. CHAPTER 1 Our Laws & Legal System
1-1 Law, Justice, and You

2. Goals What is Law? Explain the stages in the evolution of law
Describe the differences between common law and positive law
Describe the difference between law courts and equity courts
What is Law?
The enforceable _______ of conduct in a society that reflect the ______ and ____________ that create them

3. Stages in the Growth of Law
4 stages that _________ go through in forming their legal systems:
Individuals take ________ for wrong done to them
Awards of money or goods are __________ for revenge
________ systems are formed
A _________ authority figure intervenes to prevent and punish wrongs

4. Common Law v. Positive Law
Law based on _______ standards or _________ of the people
Positive Law
Law based on the _________ of a central political authority
Common Law v. Positive Law

5. Fact Courts could use an ___________ to limit the number of picketers
Strikers who violate the injunction can be held in ___________ of court and may go to _______
Fact

6. Early System of English Common Law
Feudal barons acted as judges within their territories
Disputes were _______ on the basis of local customs and _________ by the baron’s power (inconsistent from region to region)
___________ made it difficult for a central government to maintain control
Early System of English Common Law

7. The Origin of Our Legal System
English common law came into being as a result of _______-based laws being repeated over and over
This differs from a traditional system of common law because of its uniformity and ability to adapt to changes in society (English common law system is used as a model because of this)
The Origin of Our Legal System

8. Courts use _______ cases as a guide for deciding similar new cases
Why do you think ___________ is important?
It provides ___________ in the law
What are the disadvantages of precedent?
Rigid adherence to the proper form; courts can take action only ________ harm occurs
Precedent

9. Basic fairness
Why is equity missing from the early system of English common law?
Equity was only available to persons who could _________ the king for help. Eventually a system of equity courts became available to all English citizens
How is Equity administered in the United States?
In all states but Arkansas, Delaware, Mississippi, and Tennessee, equity is administered through the _______ system
Equity

10. Types of Laws
Business Law
UNIT 1-2

11. Explain how constitutional, statutory, case, and administrative laws are created
Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws
Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law
UNIT 1-2 Goals

12. What Are the Sources of Our Laws?
Laws in the United States are created at all three levels of government- _______, _______, and ______
Laws at each level consist of the following laws:
Constitutions
Statues
Administrative Regulations
________
What Are the Sources of Our Laws?

13. Law made when constitutions are adopted or amended, or when courts interpret constitutions.
We are governed by both the ______________ and the constitution of our ________
Federal and state constitutions are concerned with defining and allocating certain ________ in our society
The Supreme Court of the U.S. is the ______ authority on federal constitution and each state supreme court has the final say over its state constitution
Constitutional Law

14. Constitutions Allocation of Power Between People and Government
A Constitution is the _______ instrument for allocating powers between people and their governments
A Constitution is the document that sets the framework of a Government & govern its people
_______ __ _______- first 10 amendments of constitution, which protects people from actions of their government
Protects __________ rights- freedom of religion, freedom of speech, and the right to remain silent if accused of a crime
Constitutions

15. Allocations of Power Between Federal and State Governments
__________ allocates powers between the federal and state governments
Federal government regulates both foreign and _________ commerce (commerce between 2 or more states)
State government regulates ___________ commerce (occurs within 1 state)
States ____ have different laws as long as they are constitutionally valid
Constitutions (cont.)

16. Allocation of Power Among the Branches of Government
State and federal constitutions allocate governmental powers among the 3 branches of government: __________, ____________, and ________ (court system)
Creates a system of checks and ________
No branch of government can become ____ powerful
Constitutions (cont.)

17. Laws enacted by Congress (federal legislators) and state legislators who are _______ representatives of the people
Ex. The law requiring cigarette warnings is enacted by the U.S. Congress
States ________ some legislative authority to local governments (towns, cities, and counties)
Laws are only effective within the boundaries of that local government
Legislation at the local level is usually called an ________
What federal, state, and local laws can you think of?
Laws made by a town, city or county are often called Ordinances
Statutes

18. Administrative Regulations
Administrative agencies are government bodies created by federal, state, and local __________ to carry out particular laws
Federal _____________ Security Administration
State division of motor vehicles (DMV)
County zoning commission
Administrative Regulations

19. Administrative Regulations (cont.)
Administrative agencies are usually controlled by the _____________ branch of government (President, governor, or mayor)
Legislators sometimes give agencies limited legislative and judicial powers allowing them to create administrative _______ and __________
Ex. Social Security Administration has the power to determine who meets the requirements to receive payments
Administrative Regulations (cont.)

20. The judicial branch of governments creates _____ law, which is made after a trial has ended and one of the parties has appealed the result to a higher court
_________ are based on legal rulings made by the lower court in deciding the case
When the __________ court publishes its opinion on a case, that opinion may state new rules to be used in deciding the case and others like it.
Federal and state courts establish case law
The effectiveness of case law arises out of the doctrine of ______ _______ - which requires lower courts to follow established case law in deciding similar cases, but does not bind supreme courts
Cases

21. What Happens When Laws Conflict?
What’s Your Verdict? (pg. 10)
Could the people do anything to change the effect of the Supreme Court decision?
What can people do to change a decision made by the Supreme Court?
Elected representatives can push to amend constitutions
What are some examples of how people have amended state and the U.S. Constitution? (pg.612)
What Happens When Laws Conflict?

22. What Happens When Laws Conflict? (cont.)
What happens when laws created by different levels of government _____________?
the legal rules for determining _________ establish which law is valid and should be enforced
State Laws take precedence over Local Laws
Federal Laws take precedence over State Laws
What Happens When Laws Conflict? (cont.)

23. Constitutions and Validity
_________________ are the highest source of law, therefore the federal Constitution is the supreme law
If any federal, state, or local laws are not valid if they __________ with the federal Constitution
When a law is invalid because it conflicts with a constitution, it is _______________
The appropriate supreme court determines whether a law is unconstitutional
Constitutions and Validity

24. Statues and ordinances must be constitutional to be ___________
Ordinances cannot _______ the powers that are delegated to local governments by the states
Courts determine the ______________ of statues and ordinances
Ex. City enacted a law that it is illegal to sell gas for more than $1, or that if you commit murder within city limits will get the death penalty
Statues and Validity

25. Administrative Regulations and Validity
_______ also determine if administrative regulations are constitutional
Courts may invalidate a rule or regulation if it’s outside the scope of powers _________ to the agency by the legislature that created it
Administrative Regulations and Validity

26. Legislative bodies, not courts, have the _______ authority on the effects of statues and ordinances
Legislative bodies have the power to ________ a court’s interpretation of a statue or ordinance by abolishing or __________ it
People who ______ have the power, through their votes for representatives, to amend constitutions if they disagree with the court’s interpretations
Case Law and Validity

27. What Are the Main Types of Law?
Laws are classified in various ways including:
civil laws, criminal laws, procedural laws, substantive laws, and business law
What Are the Main Types of Law?

28. Civil law- the group of laws that remedy wrongs against __________ persons
Civil law applies whenever one person has a right to ________ another person
Ex. A person fails to pay rent, the landlord has the right to sue the tenant
The police DO NOT take action in civil conflicts
Criminal v. Civil Laws

29. A ______ is an offense against society, disrupting the stable environment we depend on to make civilization work
Criminal law - a group of laws that defines & sets punishments of offenses against ________
If a crime is committed and the person who committed the crime can be found, they will be _____________
Convictions can result in a fine, imprisonment, execution (in certain states)
Police DO take action in criminal cases
The Prosecutor of a crime is usually the lawyer representing the “_______” (city, county or state)
Criminal v. Civil Laws

30. Procedural v. Substantive Laws
Procedural law- laws that deal with methods of enforcing legal ______ and _______
Laws that specify how and when police can make arrests and what methods can be used in a trial are procedural laws
Stare decisis, rules for determining supremacy of conflicting laws
Procedural v. Substantive Laws

31. Procedural v. Substantive Laws
Substantive laws- laws defining rights and duties of conduct except those involved in enforcement
Define offenses such as murder, theft, vehicular homicide, breach of contract, and negligence
Two types:
Civil Procedure: used when a _____ law has been violated (concerned only with private offenses)
Criminal Procedure: used when someone is charged with a ______
Procedural v. Substantive Laws

32. Business Law- laws that apply to business situations and transactions
Largely concerned with civil law:
Contracts
Torts- private wrongs against people or organizations
Business Law