Laws and the Legal System and Types of Laws

5/28/2018 Laws and the Legal System and Types of Laws

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Law for Business and Personal Use Thomson South-Western

CHAPTER 1Our Laws

1-1 Laws and Legal Systems

1-2 Types of Laws


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Law for Business and Personal Use Thomson South-WesternChapter 1Slide 2

WHAT IS LAW?

Stages in the growth of law

Individuals take revenge for wrongs done to them

Sovereign (leader) takes control and awards money or goods as a substitute

for revenge

Sovereign forms courtselders or priests reside Central authority figure intervenes (get involved) to prevent and punish

wrongsissue laws

LAWS SHOULD BE PREDICTABLE AND FLEXIBLE

Common law versus positive law Common Lawlaw based on the current standards or customs of the people positive lawlaw dictated by a sovereign or other central authority to

prevent disputes and wrongs from occurring


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Vocabulary time!!!!!!!!

Interveneto get involved


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How does common law differ from

positive law?

Common Law come to school with clothes on

Positive Law No holes in pants/shirts tucked in


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WHAT IS THE ORIGIN OF THE

U.S. LEGAL SYSTEM? English common law

Kings Bench always had jurisdiction (power

to decide a case)

Jury

Advantages of English common law


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An example: Decisions set precedentsyou can use

prior cases as a guide for deciding similar

ones.

ExampleAckermans rules are you

tardy? You are tardy if you are not inside

the classroom when the tardy bell rings.

Chapter 1Slide 6


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Advantages Uniformityif you are not in the door

when the bell rings you are tardy

Ability to adapt (adjust) to changes in

societyif time between classes changes

tardy rules are the same

Chapter 1Slide 7


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Chapter 1Slide 8


Adapt - To make suitable to or fit for a specific use or situation.


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Disadvantages Rigid (inflexible) adherencedoesnt matter if I

saw someone push your books out of your hand, a

rule is a rule Limited remedywhat is the remedy to breaking

the tardy ruleyou get a tardy slip which could

keep you from being exempt from exams because

you had the flu and you were already absentisthat fair?

Chapter 1Slide 9


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Chapter 1Slide 10


Rigid - lacking in or without flexibility


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An alternative to common law:

Equity (fairness)courtsCommon Law courts:

Granted only money damages

Equity Courts: Grant injunctions (prohibit something from being done)

Compel specific actions

No jury

Chancellor decides remedies

No appeal

Chapter 1Slide 11


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Chapter 1Slide 12


Equity - the quality of being fair or impartial


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Chapter 1Slide 13

On which early legal system is the

U.S. legal system based?

English Common Lawall states except Louisiana

they use Roman Civil Law


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Chapter 1Slide 14

1-2Types of LawsGOALS

Identify the four sources of law

Discuss how to resolve conflicts betweendifferent sources of laws

Compare and contrast criminal and civil law, and

substantive and procedural law


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Chapter 1Slide 15

WHAT ARE THE SOURCES

OF LAW? Constitutionsallocate (assign)power in society

we have both United States and State

Statutes - created by Federal and StateLegislative branch (Congress)

Administrative regulationsexamples are SSA,

FDA, and the DMV

Case lawcreated by the Judicial branch

(Supreme Court)


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Chapter 1Slide 16


Allocate - Distribute duties for a particular purpose.


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Chapter 1Slide 17

WHAT HAPPENS WHEN LAWS

CONFLICT? Constitutions and validity (legal)Federal

Constitution is the supreme law of the land

Statutes and validitymust be constitutional tobe valid

Administrative regulations and validitymust be

constitutional and within their scope (range) of

power

Case law and validitylaws can always be

rewritten if demanded by the voters.


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Chapter 1Slide 18


Valid - Having legal force; effective or binding


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Chapter 1Slide 19


Scope - extent or range operation


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Chapter 1Slide 20

Which source of law in the United

States is the highest authority?

Federal Constitution!!!!!!!


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Chapter 1Slide 21

WHAT ARE THE MAIN

TYPES OF LAWS?

Civil and criminal lawscan be both

Procedural and substantive laws

Business lawTorts and UCC


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Chapter 1Slide 22

Compare and contrast criminal and civil law and

substantive and procedural law.Criminal law - against society

Civil law - against an individual.

Substantive - WHAT law is affected

Procedural - HOW do we enforce the law


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Chapter 1Slide 23

TYPES OF LAWConstitutional law Based on constitutions

Statutes Enacted by legislative bodies

Administrative law Rulings by administrative agencies

Civil law Addresses wrongs done to individuals

Criminal law Addresses wrongs done to society

Procedural law Deals with methods of enforcing legal rights

and duties

Substantive law Defines legal rights and duties

Business law Rules that apply to business transactions

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Laws and the Legal System and Types of Laws