chapter 3 kinds of law how did our law develop? n english common law: our legal heritage n common...
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Chapter 3
Kinds Of Law
How did Our Law Develop?
English Common Law: Our Legal Heritage Common Law: United States Legal System Magna Carta: Provided protection against
unreasonable acts by kings in 1215. Roman Civil Law: Body of regulations imposed by
emperors of ancient Rome.
Equity
Equity: Alternative to the Common Law Money Damages: A court-ordered payment by the
defendant to the plaintiff. Specific Performance: Completion of an agreement
as promised Injunction: Order of a court to do or not to do a
specified thing Equity: Form of justice administered when there is
no suitable remedy available in common law courts
What Types of Law do we Have Today?
Constitutional Law Allocates Powers
– between the people and their government– between state governments and the federal government– among the branches of the governments
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
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
Interstate Commerce: between two or more states Intrastate Commerce: occurs with in one state
Kinds of Law-Statute-Admin.
Statutory Law– Statutes: law enacted by a state or federal legislature– Ordinance: statutory law created by a town, city, or
county
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
Kinds of Law-Case
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
The Purposes of Law
To influence, establish, and enforce standards of conduct of business transactions
To provide for the recognition & protection of individual rights.
To provide ways of avoiding and, if necessary settling conflicts.
To promote justice & provide for the general welfare
Which Type of Law is valid when law Conflict?
– Supremacy: supreme power or authority Constitutions and Validity
– Unconstitutional: invalid because in conflict with a constitution
– Federal, state, and local constitutions are void when conflicted with the federal Constitution
Statutes and Validity– Constitutional: Fitting within the scope of powers
delegated by the state– Courts determine the constitutionality of the statutes and
ordinances
Validity
Administrative Regulations and Validity– Courts determine the validity
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
How do Criminal and Civil Laws Differ?
Civil Law: Refers to wrongs against individual persons
Liable: When the defendant must pay money to the plaintiff
Criminal Law: Law concerned with public wrongs against the society
How do Procedural and Substantive Law Differ?
Procedural Law: Rules for enforcement of legal rights and duties
Substantive Law: Rules that define legal rights and duties
What is Business Law?
Business Law: Rules that apply to business situations and transactions
Torts: Private wrongs against people or organizations
Uniform Commercial Code (UCC): A large set of business statutes which simplified, clarified, and modernized many laws relating to commercial transactions
Schools of Legal Thought
Historical-Believe strongly in the rule of precedent
Sociological-Set new precedent-Take into account religion, politics
Analytical-the man is the law, inferior. Natural-God-based upon majority. Realist-Combination.
Requisites of Law
Flexible Certain Knowable Reasonably fair to all
Judge-Hears original Trial
Justice-Hears trial at appellate level.
Keys to Observe in Solving Cases Facts Issue-Disputed Point What rule of law is involved How does this rule apply to the facts Decision Reasoning
Venue- Geographical jurisdiction to hear a case.
Changes in the Law
Adult Age Drinking Age Consumers are shielded Workers
Law is constantly changing to fit societyNot all custom or ethical and social standards havethe force of law.
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