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.