1. COPYRIGHT © 2011 South-Western/Cengage Learning. 1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide or previous slide.

2. COPYRIGHT © 2011 South-Western/Cengage Learning. 2 Quotes of the Day True human goodness, in all its purity and freedom, can come to the fore only when its recipient has no power. Milan Kundera, Czech author What is good? All that heightens the feeling of power, the will to power, power itself in man. Freidrich Nietzsche, German Philosopher

3. COPYRIGHT © 2011 South-Western/Cengage Learning. 3 Law is powerful  Affects all people, from CEO’s to children  Affects most of life, from work to leisure Law is important  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

4. COPYRIGHT © 2011 South-Western/Cengage Learning. 4 Origins of Our Law -- Many Sources  Inherited much from British law. England was divided into “shires” administered by a “shire reeve” (later called a “sheriff”) who often served as a mediator. Mediation is still a popular mode of resolving disputes. Freemen were assigned to a group of 10 men (called a “tithing”) who were all responsible if any one of them committed a crime. This is how partnerships still work today. Anglo-Saxon courts used 12 “Oath helpers” who served as witnesses for the two parties. This is the forerunner of our modern 12-person jury. Under the system of feudalism, tenants (users of land) were controlled by their lords (owners of land = “landlord”). Established land as the most valuable commodity, as it still is and set up the modern tenant/landlord relationship.

5. COPYRIGHT © 2011 South-Western/Cengage Learning. 5 Origins of Our Law -- Many Sources  Inherited much from British law (cont’d) In 1250, a summary of all legal rulings since the Norman Conquest was written, establishing the concept of precedent, a doctrine that still prevails. As statutes increased in number, the demand for specially trained lawyers increased, making their services valuable and available only to the rich. As lawyers became more skilled, they developed new ways to defeat the other side, including attacking the procedures used in the court. This division between substantive law and procedural law still exists today. Judges who exercise powers of equity today are following the examples of British Chancery Courts.

6. COPYRIGHT © 2011 South-Western/Cengage Learning. 6 Origins of Our Law -- Many Sources  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.

7. COPYRIGHT © 2011 South-Western/Cengage Learning. 7 Sources of Our Law Today  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 -- passed by federal & state gov’t  Common Law -- established by precedent, or earlier cases decided by courts  Administrative Law -- created by agencies  Other – treaties and executive orders

8. COPYRIGHT © 2011 South-Western/Cengage Learning. 8 Classifications of Law Criminal LawCivil Law  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 vs.

9. COPYRIGHT © 2011 South-Western/Cengage Learning. 9 Classifications of Law (cont’d) Substantive LawProcedural Law  Defines the rights of the people  Establishes processes for settling disputes Public LawPrivate Law  Sets the duties of government to its citizens  Regulates duties between individuals vs.

10. COPYRIGHT © 2011 South-Western/Cengage Learning. 10 Actions may be legal, but immoral to some people. Actions may be moral, but not required by law. Actions may be required by both moral standards and the law. Owning slaves in Colonial America was legal, but this violates most people’s moral standards today. Helping a hurt person is required by moral standards, but is not mandated by the law. Drunk driving is both immoral and illegal. Law and Morality LAW MORALITY

11. COPYRIGHT © 2011 South-Western/Cengage Learning. 11 Jurisprudence, or “What is Law?” Jurisprudence, or “What is Law?” Legal Positivism Natural Law Legal Realism “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.” Laws must have a good moral basis. “Enforcement of the law is more important than the law itself.” Enforcers determine if the law is applied in a fair and consistent way.

12. COPYRIGHT © 2011 South-Western/Cengage Learning. 12 QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST 65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677 California Court of Appeal, 1998 Case Analysis Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an “error of the mind” and discourages the use of traditional medicine. Members of the faith… Issue: Did the defendants have a duty to summon medical help for Andrew? Excerpts from Judge Bedsworth’s Decision: [The judge began by mentioning an earlier California case, in which the state’s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control... PLAINTIFF: the party who is suing DEFENDANT: the party being sued LEGAL CITATION: where to find the case in a law library Where and when the case was decided. FACTS: background information on the case ISSUE: the question being decided EXCERPTS: the decision -- also called the holding -- and the court’s rationale

13. COPYRIGHT © 2011 South-Western/Cengage Learning. 13 “We depend upon the law to give us a stable nation and economy, a fair society, a safe place to live and work. …But while law is a vital tool for crafting the society we want, there are no easy answers about how to create it....Legal rules control us, yet we create them.” “We depend upon the law to give us a stable nation and economy, a fair society, a safe place to live and work. …But while law is a vital tool for crafting the society we want, there are no easy answers about how to create it....Legal rules control us, yet we create them.”