Chapter 1The Legal Environment

Chapter 1The Legal Environment

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What is Law?What is the Common Law?What is a Precedent? When might a court depart

from precedent?What is the difference between remedies at law and

remedies in equity?What is the Uniform Commercial Code?What are some of the differences between criminal

law and civil law?

What is Law?What is the Common Law?What is a Precedent? When might a court depart

from precedent?What is the difference between remedies at law and

remedies in equity?What is the Uniform Commercial Code?What are some of the differences between criminal

law and civil law?

Learning ObjectivesLearning ObjectivesLearning ObjectivesLearning Objectives

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The Nature of LawThe Nature of Law

The Natural Law TraditionOldest and most significant view of law.Government and legal system should reflect

universal moral and ethical principles.These principles are inherent in human nature.They can be discovered through right reason.Basis for natural rights.

The Natural Law TraditionOldest and most significant view of law.Government and legal system should reflect

universal moral and ethical principles.These principles are inherent in human nature.They can be discovered through right reason.Basis for natural rights.

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Nature of LawNature of Law

Legal Positivism (or Positive Law)Applies only to citizens of that nation or

society.No higher law than the nation’s highest

governing body or court.Laws must be obeyed regardless of whether

they are just or unjust. No view of “natural” rights.Morality of a law is irrelevant.

Legal Positivism (or Positive Law)Applies only to citizens of that nation or

society.No higher law than the nation’s highest

governing body or court.Laws must be obeyed regardless of whether

they are just or unjust. No view of “natural” rights.Morality of a law is irrelevant.

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Nature of LawNature of Law

Historical SchoolEmphasizes the evolutionary process of law.Concentrates on the origin and history of legal

system.Looks to the past to determine laws for present.Law derives legitimacy from precedent.

Historical SchoolEmphasizes the evolutionary process of law.Concentrates on the origin and history of legal

system.Looks to the past to determine laws for present.Law derives legitimacy from precedent.

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Nature of LawNature of Law

Legal RealismView of law started in 1920’s.Law must be viewed within the social context.Judges should take economic and social

realities into account.Sociological jurisprudence tends to be

activistic, e.g., Civil Rights decisions.Do not feel bound by past decisions.

Legal RealismView of law started in 1920’s.Law must be viewed within the social context.Judges should take economic and social

realities into account.Sociological jurisprudence tends to be

activistic, e.g., Civil Rights decisions.Do not feel bound by past decisions.

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The Common Law Tradition

The Common Law Tradition

Early English Courts of LawKing’s courts started after Norman conquest of

1066.Established the common law—body of general

legal principles applied throughout the English empire.

King’s courts used precedent to build the common law.

Early English Courts of LawKing’s courts started after Norman conquest of

1066.Established the common law—body of general

legal principles applied throughout the English empire.

King’s courts used precedent to build the common law.

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The Common Law Tradition

The Common Law Tradition

Stare DecisisPractice of deciding new cases based on

precedent.A higher court’s decision based on certain facts

and law, is a binding authority on lower courts.

Helps courts stay efficient.

Stare DecisisPractice of deciding new cases based on

precedent.A higher court’s decision based on certain facts

and law, is a binding authority on lower courts.

Helps courts stay efficient.

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The Common Law Tradition

The Common Law Tradition

Remedies: Law vs. EquityRemedy: means to enforce a right or compensate

for injury to that right.Remedy at Law: in king’s courts, remedies were

restricted to damages in either money or property.

Equitable Remedy: based on justice and fair dealing a chancery court does what is right.

Today, legal and equitable remedies are found in the same court.

Remedies: Law vs. EquityRemedy: means to enforce a right or compensate

for injury to that right.Remedy at Law: in king’s courts, remedies were

restricted to damages in either money or property.

Equitable Remedy: based on justice and fair dealing a chancery court does what is right.

Today, legal and equitable remedies are found in the same court.

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Sources of American LawSources of American Law

Constitutional LawFound in text and cases arising from federal and

state constitutions.U.S. Constitution is the supreme law of the land.

Statutory LawLaws enacted by federal and state legislatures.Local ordinancesUniform Laws (e.g.,Uniform Commercial Code)

Constitutional LawFound in text and cases arising from federal and

state constitutions.U.S. Constitution is the supreme law of the land.

Statutory LawLaws enacted by federal and state legislatures.Local ordinancesUniform Laws (e.g.,Uniform Commercial Code)

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Sources of American LawSources of American Law

Administrative LawRules, orders and decisions of administrative

agencies, federal, state and local.Administrative agencies can be independent

regulatory agency such as the Food and Drug Administration.

Agencies make rules, then investigate and enforce the rules in administrative hearings.

Administrative LawRules, orders and decisions of administrative

agencies, federal, state and local.Administrative agencies can be independent

regulatory agency such as the Food and Drug Administration.

Agencies make rules, then investigate and enforce the rules in administrative hearings.

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Sources of American LawSources of American Law

Case Law and Common Law DoctrinesMuch of the common law is still used today.Common law governs all areas not specifically

covered by statutory or constitutional law.Restatements of the Law: modern compilations

of common law principles found, e.g., in contracts, torts, property and agency.

Case Law and Common Law DoctrinesMuch of the common law is still used today.Common law governs all areas not specifically

covered by statutory or constitutional law.Restatements of the Law: modern compilations

of common law principles found, e.g., in contracts, torts, property and agency.

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Classifications of LawClassifications of Law

Substantive vs. Procedural LawSubstantive: laws that define and regulate rights

and duties.Procedural: laws that establish methods for

enforcing and protecting rights.Civil Law and Criminal Law

Civil: private rights and duties between persons and government.

Criminal: public wrongs against society.

Substantive vs. Procedural LawSubstantive: laws that define and regulate rights

and duties.Procedural: laws that establish methods for

enforcing and protecting rights.Civil Law and Criminal Law

Civil: private rights and duties between persons and government.

Criminal: public wrongs against society.

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Classifications of LawClassifications of Law

National and International LawNational: laws of a particular nation.Civil vs. Common Law: Civil law countries

based on Roman code (e.g., Latin America).International: body of written and unwritten

laws observed by nations when dealing with each other.

Cyberlaw: governs internet transactions.

National and International LawNational: laws of a particular nation.Civil vs. Common Law: Civil law countries

based on Roman code (e.g., Latin America).International: body of written and unwritten

laws observed by nations when dealing with each other.

Cyberlaw: governs internet transactions.

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Appendix Appendix Finding Statutory Law.

United States Code (USC).State Statutes.

Finding Administrative Law.Code of Federal Regulations (CFR).

Finding Case Law (Case Citations).Supreme Court Cases at Findlaw.com.Federal Court Cases at Findlaw.com.State Court Cases at Findlaw.com.

Finding Statutory Law.United States Code (USC).State Statutes.

Finding Administrative Law.Code of Federal Regulations (CFR).

Finding Case Law (Case Citations).Supreme Court Cases at Findlaw.com.Federal Court Cases at Findlaw.com.State Court Cases at Findlaw.com.

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AppendixAppendix

Reading & Understanding Case LawLegal cases are identified by a “legal citation” (or a “cite”) as the example below:

Clark County School District vs. Breeden, 532 U.S. 268 (2001).

Reading & Understanding Case LawLegal cases are identified by a “legal citation” (or a “cite”) as the example below:

Clark County School District vs. Breeden, 532 U.S. 268 (2001).

Title: First Party is Plaintiff, second party is Defendant. The parties are either

italicized or underlined.

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AppendixAppendix

Reading & Understanding Case LawLegal cases are identified by a “legal citation” (or a “cite”) as the example below:

Clark County School District vs. Breeden, 532 U.S. 268 (2001).

Reading & Understanding Case LawLegal cases are identified by a “legal citation” (or a “cite”) as the example below:

Clark County School District vs. Breeden, 532 U.S. 268 (2001).

This is a U.S. Supreme Court Case (“U.S.”) found in Volume 532, Page 268.

This case was decided in 2001.