5/28/2018 Laws and the Legal System and Types of Laws
1/23
Law for Business and Personal Use Thomson South-Western
CHAPTER 1Our Laws
1-1 Laws and Legal Systems
1-2 Types of Laws
5/28/2018 Laws and the Legal System and Types of Laws
2/23
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
5/28/2018 Laws and the Legal System and Types of Laws
3/23
Law for Business and Personal Use Thomson South-WesternChapter 1Slide 3
Vocabulary time!!!!!!!!
Interveneto get involved
5/28/2018 Laws and the Legal System and Types of Laws
4/23
Law for Business and Personal Use Thomson South-WesternChapter 1Slide 4
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
5/28/2018 Laws and the Legal System and Types of Laws
5/23
Law for Business and Personal Use Thomson South-WesternChapter 1Slide 5
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
5/28/2018 Laws and the Legal System and Types of Laws
6/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
7/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
8/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 8
Vocabulary time!!!!!!!!
Adapt - To make suitable to or fit for a specific use or situation.
5/28/2018 Laws and the Legal System and Types of Laws
9/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
10/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 10
Vocabulary time!!!!!!!!
Rigid - lacking in or without flexibility
5/28/2018 Laws and the Legal System and Types of Laws
11/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
12/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 12
Vocabulary time!!!!!!!!
Equity - the quality of being fair or impartial
5/28/2018 Laws and the Legal System and Types of Laws
13/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
14/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
15/23
Law for Business and Personal Use Thomson South-Western
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)
5/28/2018 Laws and the Legal System and Types of Laws
16/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 16
Vocabulary time!!!!!!!!
Allocate - Distribute duties for a particular purpose.
5/28/2018 Laws and the Legal System and Types of Laws
17/23
Law for Business and Personal Use Thomson South-Western
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.
5/28/2018 Laws and the Legal System and Types of Laws
18/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 18
Vocabulary time!!!!!!!!
Valid - Having legal force; effective or binding
5/28/2018 Laws and the Legal System and Types of Laws
19/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 19
Vocabulary time!!!!!!!!
Scope - extent or range operation
5/28/2018 Laws and the Legal System and Types of Laws
20/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 20
Which source of law in the United
States is the highest authority?
Federal Constitution!!!!!!!
5/28/2018 Laws and the Legal System and Types of Laws
21/23
Law for Business and Personal Use Thomson South-Western
Chapter 1Slide 21
WHAT ARE THE MAIN
TYPES OF LAWS?
Civil and criminal lawscan be both
Procedural and substantive laws
Business lawTorts and UCC
5/28/2018 Laws and the Legal System and Types of Laws
22/23
Law for Business and Personal Use Thomson South-Western
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
5/28/2018 Laws and the Legal System and Types of Laws
23/23
Law for Business and Personal Use Thomson South-Western
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