Our Laws

LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING

Chapter 1Chapter 1 Slide Slide 11

Our Laws

1-11-1 Our Laws and Legal System

1-21-2 Types of Laws

CHAPTER 1

Lessons



Our Laws andLegal System

Explain the stages in the evolution of lawDescribe the differences between common law

and positive lawDescribe the difference between law courts and

equity courts

Lesson 1-1

GOALS



HOT DEBATE

Donna Estes – driving S -- 60 mph in 50 mph zoneWilma Sexton – driving N -- drinking and weaving in lane -- about to miss turn

-- signaled briefly & made abrupt turn C A R S C R A S H E D



Hot Debate

1) Who was at fault?Legally – both parties2) What arguments would Donna’s

attorney present at the civil trial to determine who was negligent?Prove Wilma was intoxicatedWilma denied the right of way to DonnaWilma was far MORE at fault than Donna



Hot Debate

3) What arguments would Wilma’s attorney present?Donna was exceeding the speed limit and

therefore negligentAccident would not have occurred had

Donna not been speeding



WHAT IS LAW?

LawsLaws are enforceable rules of conduct in a society

CodeCode – laws grouped into an organized form



What’s Your Verdict?

Bixby – believes basic nature of man has not changed, but # of facts we know has multiplied many times over

Lorenzo agreed – “Just compare the laws they had way back then with the ones we have now. We’re still making the same mistakes and still need the same protections from the conduct of others.”



What’s Your Verdict?

Do you think Lorenzo and Bixby are right?Yes – the need for law has not changed

much over recorded historyStill need same protectionsStill need protections from the conduct of

others



Why do we need laws?

SOCIETY

protect individuals

settle disputes between individuals

COURTS

settle disputes

award damages

prevent/punish wrongs



WHAT IS LAW?

Stages in the growth of law1. Individuals take revenge for wrongs done to

them (gang actions, harm to innocent bystanders)

2. Awards of money or goods substituted for revenge (sovereign)

3. Court systems are formed – subjects can go to court to be heard when wronged

4. A central authority figure intervenes to prevent and punish wrongs



WHAT IS THE ORIGINOF OUR LEGAL SYSTEM?

Common law v. Positive lawLaws should be predictable and flexible

Common LawCommon Law – law based on current standards or customs of the people

Positive LawPositive Law – law based on the dictates of a central political authority




2 greatest systems of law:

English common law and Roman civil laws

Civil law – written, well-organized statutes in code form

Louisiana English common law




Barons acted as judges laws differed from region to region hardship on people difficult for central government to maintain control

The King's courts – always took jurisdictionJurisdictionJurisdiction – the power to decide a caseJury – important to decide cases in harmony with the

customs of the people [unique to English common law]Advantages – ability to adapt to changes in society

created a model for the rest of the world




Precedent – courts use prior cases as a guide for deciding similar new cases {provides stability in the law}

Disadvantages: rigid adherence to proper formCourts limited to granting the remedy of money

damages (harm had to already take place)

Equity: An alternative to common law - fairness



Equity: An alternative to common law

Nobles could sometimes get around the courts by directly petitioning the king for help.Not a noble no recourseKing eventually made Equity Courts available to

everyone Today, Equity & Law courts merged

Chancellors would hear the caseInjunctionInjunction – court order issued to stop

something from being done




Labor strike in its fifth weekStrikers are tense and angrySeveral days – 1,000 picketers gather at

main gateChanting slogans & jeering those who enter

the plantCrowd throws rocks at workers who cross

picket lineA company truck is set on fire and destroyed




What’s Your Verdict?What powers do the courts have that

would be useful in this situation?Court could grant a $ award to the

company for the loss of the truckInjunction to limit number of picketers at

plant’s entrance

Documents

Our Laws