chapter 1
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Chapter 1. Introduction to Law. Quotes of the Day. True human goodness, in all its purity and freedom, can come to the fore only when its recipient has no power. Milan Kundera, Czech author - PowerPoint PPT PresentationTRANSCRIPT
Introduction to Law
True human goodness, in all its purity and freedom, can come to the fore only when
its recipient has no power. Milan Kundera, Czech author
What is good? All that heightens the feeling of power, the will to power,
power itself in man. Freidrich Nietzsche, German
Philosopher
Power◦ Strong reach of the law touches nearly everything
we do◦ Everyone will influence and be affected by the law
Importance◦ Every society with a historical record has had
some system of laws◦ Many societies contributed ideas
Solved the problem of federalism
Fascination◦ Television - Offers at least one new courtroom
drama to a national audience
English roots◦ Land - Most valuable commodity◦ Statute of frauds◦ Landlord-tenant law◦ Precedent: Tendency to decide current cases
based on previous rulings◦ Common law: Judge-made law
Law in the United States◦ Some laws were irrelevant in a world that was
socially and geographically so different◦ Changing conditions raised new legal questions
United States Constitution - Supreme law of the land◦ Establishes the national government of the United
States – Legislative, executive, judicial power◦ Creates a system of checks and balances among
the branches◦ Guarantees many basic rights to the American
people
Statute: Law created by a legislative body◦ Bill - Idea for a new law
Common law ◦ The principle that precedent is binding on later
cases is called stare decisis - “let the decision stand”
Court orders◦ Judges have the authority to issue court orders ◦ Place binding obligations on specific people or
companies Administrative law
◦ Day-today work Treaties
◦ Constitution authorizes the president to make treaties with foreign nations
Criminal and civil Law◦ Criminal law: Prohibits certain behavior◦ Civil law: Regulates the rights and duties
between parties Law and morality
Philosophy of law Legal positivism – Law is what the sovereign
says it is◦ Sovereign: Recognized political power whom
citizens obey◦ No room for questions of morality
Natural law◦ Unjust law is no law at all
Legal realism◦ Who enforces the law counts more than what is in
writing
Kuehn v. Pub Zone◦ Karl Kuehn – Plaintiff
Plaintiff: The party who is suing◦ Pub Zone – Defendant
Defendant: The party being sued◦ Issue – Question being decided
Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?
◦ Excerpts - Called the holding, meaning a statement of who wins and who loses