Chapter 1: Laws and Legal SystemsChapter 1: Laws and Legal SystemsLesson 1-1Lesson 1-1pages 5-9pages 5-9

Objective:

1. Arrange the four stages of law in correct order.

2. Correctly classify scenarios into the 4 stages of law.

Hot DebateHot Debate

Page 4Page 4 Read and discussRead and discuss

What’s your verdict?What’s your verdict?

Page 5Page 5 Read and discussRead and discuss

OverviewOverview

In order to determine the sources of In order to determine the sources of our laws, we must first learn what our laws, we must first learn what law is, identify the stages in the law is, identify the stages in the growth of law, understand common growth of law, understand common law verses positive law, and the law verses positive law, and the origin of our legal system.origin of our legal system.

What is Law?What is Law? The LAWS or enforceable rules of conduct in The LAWS or enforceable rules of conduct in

a society, reflect the culture and a society, reflect the culture and circumstances that create them.circumstances that create them.

Think about another country’s laws. For Think about another country’s laws. For instance China. We don’t share the same instance China. We don’t share the same laws because our culture is different from laws because our culture is different from theirs, therefore; some of our laws don’t theirs, therefore; some of our laws don’t reflect their culture and vice versa.reflect their culture and vice versa.

We do share similar laws with some We do share similar laws with some countries because we see many similarities countries because we see many similarities in our culture.in our culture.

Stages in the Growth of LawStages in the Growth of LawMost societies go through four distinct stages in Most societies go through four distinct stages in

forming their legal systems.forming their legal systems.

1. Individuals take revenge for 1. Individuals take revenge for wrongs done to them.wrongs done to them.

2. Awards of money or goods are 2. Awards of money or goods are substituted for revenge. (Pay fines.)substituted for revenge. (Pay fines.)

3. Court systems are formed.3. Court systems are formed. 4. A central authority figure 4. A central authority figure

intervenes to prevent and punish intervenes to prevent and punish wrongs. (Laws are being formed… no wrongs. (Laws are being formed… no revenge!)revenge!)

Stage 1: Individuals take revenge Stage 1: Individuals take revenge for wrongs done to them.for wrongs done to them.

Injuries inflicted on one human being Injuries inflicted on one human being by another are matters for personal by another are matters for personal revenge.revenge.

Those who are wronged feel that justice Those who are wronged feel that justice can be done only through punishing the can be done only through punishing the wrongdoers.wrongdoers. Such incidents usually disrupt the normal Such incidents usually disrupt the normal

routine of the people and result in harm to routine of the people and result in harm to innocent bystanders. (Killing, stealing, innocent bystanders. (Killing, stealing, stoning, etc.)stoning, etc.)

Stage 2: Awards of money or Stage 2: Awards of money or goods are substituted for revenge.goods are substituted for revenge.

Money or goods are awarded as a Money or goods are awarded as a substitute for revenge.substitute for revenge.

Stage 3: Court systems are formed.Stage 3: Court systems are formed.

Forming of the courts.Forming of the courts. Elders or priests (now a judge) Elders or priests (now a judge)

generally preside over the courts. generally preside over the courts. Individuals can go to the courts to be Individuals can go to the courts to be heard when they are injured by heard when they are injured by another in some way.another in some way.

This leads to the fourth stage.This leads to the fourth stage.

Stage 4: A central authority figure Stage 4: A central authority figure intervenes to prevent and punish intervenes to prevent and punish wrongs. (Laws are being formed)wrongs. (Laws are being formed)

Laws are formed to punish behaviors Laws are formed to punish behaviors that injure others in certain ways.that injure others in certain ways.

The courts are used to prevent The courts are used to prevent problems from arising; they uphold problems from arising; they uphold the law.the law.

*Review the four stages by random questioning.

Match up activityMatch up activity

You will complete an activity to test You will complete an activity to test your knowledge on the 4 stages in your knowledge on the 4 stages in the evolution of law.the evolution of law.

The activity is posted on my teacher The activity is posted on my teacher web page.web page.

Reflection Journal Reflection Journal EntryEntry

How does each stage apply to our How does each stage apply to our laws or court system today? (You can laws or court system today? (You can write out an example.)write out an example.)

4 Stages Wrap-up4 Stages Wrap-up

Each of the four stages helped a Each of the four stages helped a legal system of laws to form.legal system of laws to form.

This legal system of laws evolved This legal system of laws evolved towards two forms: Common Law towards two forms: Common Law and Positive Law. Let’s take a look at and Positive Law. Let’s take a look at these.these.

Common Law verses Positive LawCommon Law verses Positive Law

Common lawCommon law is law based on the current is law based on the current standards or customs of the people.standards or customs of the people. Usually is pronounced by judges who use it to Usually is pronounced by judges who use it to

settle people’s disputes. The term generally refers settle people’s disputes. The term generally refers to "judge-made law”. Common law refers to law to "judge-made law”. Common law refers to law developed by judges through decisions of courts.developed by judges through decisions of courts.

Positive lawPositive law are set down by a sovereign or are set down by a sovereign or other central authority to prevent disputes other central authority to prevent disputes and wrongs from occurring in the first place. and wrongs from occurring in the first place. Think of these as “man-made laws”. Example: The Think of these as “man-made laws”. Example: The

Constitution, the 10 commandments, the Bible.Constitution, the 10 commandments, the Bible.

ObjectiveObjective

Determine the difference between Determine the difference between law courts and equity courts.law courts and equity courts.

Pages 6-8Pages 6-8

What is the origin of our legal What is the origin of our legal system?system?

The world’s two great systems of law The world’s two great systems of law are the English common law and the are the English common law and the Roman civil law.Roman civil law.

49 US states follow the English 49 US states follow the English common law system. English colonist common law system. English colonist transported this system of law to this transported this system of law to this continent.continent.

Louisiana is the only state whose law Louisiana is the only state whose law is based on a civil law system. It was is based on a civil law system. It was brought over by the French.brought over by the French.

English Common LawEnglish Common Law

Before the English common law Before the English common law system was developed in England, the system was developed in England, the laws of England differed from region laws of England differed from region to region.to region. This made it difficult for a central This made it difficult for a central

government to maintain control.government to maintain control. King Henry decides to improve this King Henry decides to improve this

situation by forming the English Common situation by forming the English Common Law system. Here is how it was Law system. Here is how it was developed……developed……

English Common Law English Common Law

He appointed a number of judges He appointed a number of judges from a group of trusted nobles.from a group of trusted nobles.

The King gave these judges the The King gave these judges the power to order that wrongdoers pay power to order that wrongdoers pay with money or goods the parties they with money or goods the parties they injured.injured.

This continued, but the people felt This continued, but the people felt they were wrongfully charged or they were wrongfully charged or justice wasn’t met.justice wasn’t met.

English Common Law English Common Law

King Henry recognized that it was King Henry recognized that it was important to decide the court cases in important to decide the court cases in harmony with the customs of the harmony with the customs of the people. To do otherwise would cause people. To do otherwise would cause unrest of the people, if not revolution.unrest of the people, if not revolution.

The judges were instructed to The judges were instructed to empanel citizens from each region to empanel citizens from each region to help interpret the customs.help interpret the customs. Jurisdiction – the power to decide a caseJurisdiction – the power to decide a case

English Common Law English Common Law

This panel of citizens evolved into This panel of citizens evolved into what we know today as the what we know today as the juryjury..

The jury is an institution unique to The jury is an institution unique to the English Common Law system.the English Common Law system.

English Common Law English Common Law AdvantagesAdvantages

A web of custom-based common law A web of custom-based common law developed.developed.

Has the ability to adapt to changes in Has the ability to adapt to changes in society.society.

It’s flexible.It’s flexible. Has been a model for legal systems Has been a model for legal systems

worldwide, including the United worldwide, including the United States.States.

Equity in courtEquity in court

The English Common Law courts The English Common Law courts carefully followed carefully followed precedentprecedent. This . This means the courts used prior cases means the courts used prior cases as a guide for deciding similar new as a guide for deciding similar new cases.cases.

Following precedent helped to Following precedent helped to provide stability in the law.provide stability in the law.

Equity was developed to provide Equity was developed to provide basic fairness in court. Both sides in basic fairness in court. Both sides in a case are treated fairly.a case are treated fairly.