Chapter 1-1 Slide 1

I. The Rule of Law

A. Define and analyze Legal Reasoning.B. Define and apply The Rule of Law.C. Analyze the Stages In The Growth Of Law.D. Examine the Origin of The U.S. Legal System.E. Distinguish Between Common Law & Positive Law.F. Comprehend the Legal Doctrine of Equity.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Lesson Objectives

Chapter 1-1 Slide 2

A. Legal Reasoning

1. Legal Reasoning- A method of problem solving that requires ASKING QUESTIONS to obtain a complete understanding of the problem.

2. Through the use of Legal Reasoning you can investigate and gather information necessary to make an informed decision on the issue at hand.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 3

B. The Rule of Law1. Laws are the enforceable rules of

conduct in a society that reflect the culture of the time.

2. Examples:a. Hammurabi's Codeb. Prohibitionc. Smoking

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 4

C. Stages In The Growth Of Law

1. Individuals take revenge.2. Awards of money or goods.

substituted for revenge3. Court systems are formed.4. A central authority figure

intervenes to prevent and punish wrongs.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 5

D. The Origin of the U.S. Legal System

1. Colonists transport legal system from England.

2. U.S. legal system based on English Common Law.

3. Around 1150 King Henry II appoints trusted nobles to resolve local disputes based on local customs.

4. Nobles instructed to empanel local citizens to interpret local customs.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 6

E. Common Law, Positive Law& The Legal Doctrine of Equity

1. Common Law-Laws based on current standards or customs of the people.

2. Positive Law-Laws dictated by a central authority or governing body to prevent disputes.

3. The Legal Doctrine of Equity-Cases are decided subjectively, based on what would be fair and just.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 7

E. Common Law, Positive Law& The Legal Doctrine of Equity1. Common Law requires courts to

follow precedent.a) Precedent means courts use prior cases

as a guide for deciding new cases with similar issues. This provides stability and consistency in the law.

b) A disadvantage of Common Law is that the law is very rigid and does not allow for change.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 8

E. Common Law, Positive Law& The Legal Doctrine of Equity

2. Positive Law is any express written command of the government.

b) Positive law may be in the form of statutes, regulations or ordinances enacted by a governing body. (i.e. Congress, Belleville Municipal Council)

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 9

E. Common Law, Positive Law& The Legal Doctrine of Equity

3. The Legal Doctrine of Equity is developed as an alternative to Common Law.

a) Equity means fairness.

b) Cases could be decided subjectively, based on what would be fair and just in that particular case, not simply based on precedent.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law

Chapter 1-1 Slide 10

E. Common Law, Positive Law& The Legal Doctrine of

Equity3. The Legal Doctrine of Equity

c) Today, courts can grant equitable relief to resolve a dispute where $ cannot solve the problem.

d) An Injunction is a form of equitable relief.

e) An Injunction is a court order to do or not do something. Violate it and you can go to jail.

BHS Law Related Education Law I

Chapter 1-1 The Rule of Law