2. Chapter 3 Kinds Of Law

3. How did Our Law Develop? n English Common Law: Our Legal Heritage n Common Law: United States Legal System n Magna Carta: Provided protection against unreasonable acts by kings in 1215. n Roman Civil Law: Body of regulations imposed by emperors of ancient Rome.

5. Equity n Equity: Alternative to the Common Law n Money Damages: A court-ordered payment by the defendant to the plaintiff. n Specific Performance: Completion of an agreement as promised n Injunction: Order of a court to do or not to do a specified thing n Equity: Form of justice administered when there is no suitable remedy available in common law courts

6. What Types of Law do we Have Today? n Constitutional Law n Allocates Powers – between the people and their government – between state governments and the federal government – among the branches of the governments n Rights that protect people from government action – Freedom of religion – Freedom of speech, press, and peaceable assembly – Security in person and property against unreasonable searches and seizures

7. Kinds of Law-Constitutional – Right to remain silent if accused of a crime and to enjoy a speedy and public trial by an impartial jury – Protection from cruel and unusual punishment if convicted of a crime – Right to fair compensation for private property taken by the government for a public purpose – Protection from the taking of life, liberty, or property with out due process of law n Interstate Commerce: between two or more states n Intrastate Commerce: occurs with in one state

8. Kinds of Law-Statute-Admin. n Statutory Law – Statutes: law enacted by a state or federal legislature – Ordinance: statutory law created by a town, city, or county n Administrative Law – Administrative Agencies: government bodies formed to carry out particular laws – Administrative Laws (rules and regulations): created by administrative agencies to which legislative powers have been given by legislatures

9. Kinds of Law-Case n Case Law – Case Law: law created by appellate courts – Appellate Review: Review of the results of a trial by a higher court – Stare Decisis: the principle that new cases must be decided in ways consistent with prior case law

10. The Purposes of Law n To influence, establish, and enforce standards of conduct of business transactions n To provide for the recognition & protection of individual rights. n To provide ways of avoiding and, if necessary settling conflicts. n To promote justice & provide for the general welfare

11. Which Type of Law is valid when law Conflict? – Supremacy: supreme power or authority n Constitutions and Validity – Unconstitutional: invalid because in conflict with a constitution – Federal, state, and local constitutions are void when conflicted with the federal Constitution n Statutes and Validity – Constitutional: Fitting within the scope of powers delegated by the state – Courts determine the constitutionality of the statutes and ordinances

12. Validity n Administrative Regulations and Validity – Courts determine the validity n Case Law and Validity – Legislative bodies have the power to nullify a court’s interpretation of its statute or ordinance by abolishing or rewriting it

13. How do Criminal and Civil Laws Differ? n Civil Law: Refers to wrongs against individual persons n Liable: When the defendant must pay money to the plaintiff n Criminal Law: Law concerned with public wrongs against the society

14. How do Procedural and Substantive Law Differ? n Procedural Law: Rules for enforcement of legal rights and duties n Substantive Law: Rules that define legal rights and duties

15. What is Business Law? n Business Law: Rules that apply to business situations and transactions n Torts: Private wrongs against people or organizations n Uniform Commercial Code (UCC): A large set of business statutes which simplified, clarified, and modernized many laws relating to commercial transactions

16. Schools of Legal Thought n Historical-Believe strongly in the rule of precedent n Sociological-Set new precedent-Take into account religion, politics n Analytical-the man is the law, inferior. n Natural-God-based upon majority. n Realist-Combination.

17. Requisites of Law n Flexible n Certain n Knowable n Reasonably fair to all Judge-Hears original Trial Justice-Hears trial at appellate level.

18. Keys to Observe in Solving Cases n Facts n Issue-Disputed Point n What rule of law is involved n How does this rule apply to the facts n Decision n Reasoning Venue- Geographical jurisdiction to hear a case.

19. Changes in the Law n Adult Age n Drinking Age n Consumers are shielded n Workers Law is constantly changing to fit society Not all custom or ethical and social standards have the force of law.