CHAPTER Our Laws

1-1 Laws and Legal Systems 1-2 Types of Laws

Law for Business and Personal Use Thomson South-Western

WHAT IS LAW?
Stages in the growth of law
Individuals take revenge for wrongs done to them Sovereign (leader) takes control and awards money or goods as a substitute for revenge Sovereign forms courts elders or priests reside Central authority figure intervenes (get involved) to prevent and punish wrongs issue laws LAWS SHOULD BE PREDICTABLE AND FLEXIBLE

Common law versus positive law

Common Law law based on the current standards or customs of the people positive law law dictated by a sovereign or other central authority to prevent disputes and wrongs from occurring
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Vocabulary time!!!!!!!! Intervene to get involved

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How does common law differ from positive law?

Common Law come to school with clothes on No holes in pants/shirts tucked in

Positive Law

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WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM?

English common law
Kings Bench always had jurisdiction (power to decide a case) Jury Advantages of English common law

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An example:
Decisions set precedents you can use prior cases as a guide for deciding similar ones. Example Ackermans rules are you tardy? You are tardy if you are not inside the classroom when the tardy bell rings.

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Advantages
Uniformity if you are not in the door when the bell rings you are tardy Ability to adapt (adjust) to changes in society if time between classes changes tardy rules are the same

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Vocabulary time!!!!!!!! Adapt - To make suitable to or fit for a specific use or situation.

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Disadvantages
Rigid (inflexible) adherence doesnt matter if I saw someone push your books out of your hand, a rule is a rule Limited remedy what is the remedy to breaking the tardy rule you get a tardy slip which could keep you from being exempt from exams because you had the flu and you were already absent is that fair?
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Vocabulary time!!!!!!!! Rigid - lacking in or without flexibility

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An alternative to common law: Equity (fairness) courts

Common Law courts: Granted only money damages Equity Courts: Grant injunctions (prohibit something from being done) Compel specific actions No jury Chancellor decides remedies No appeal

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Vocabulary time!!!!!!!! Equity - the quality of being fair or impartial

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On which early legal system is the U.S. legal system based?

English Common Law all states except Louisiana they use Roman Civil Law

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1-2 Types of Laws

GOALS Identify the four sources of law Discuss how to resolve conflicts between different sources of laws Compare and contrast criminal and civil law, and substantive and procedural law

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WHAT ARE THE SOURCES OF LAW?

Constitutions allocate (assign) power in society we have both United States and State Statutes - created by Federal and State Legislative branch (Congress) Administrative regulations examples are SSA, FDA, and the DMV Case law created by the Judicial branch (Supreme Court)
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Vocabulary time!!!!!!!! Allocate - Distribute duties for a particular purpose.

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WHAT HAPPENS WHEN LAWS CONFLICT?

Constitutions and validity (legal) Federal Constitution is the supreme law of the land Statutes and validity must be constitutional to be valid Administrative regulations and validity must be constitutional and within their scope (range) of power Case law and validity laws can always be rewritten if demanded by the voters.
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Vocabulary time!!!!!!!! Valid - Having legal force; effective or binding

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Vocabulary time!!!!!!!! Scope - extent or range operation

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Which source of law in the United States is the highest authority? Federal Constitution!!!!!!!

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WHAT ARE THE MAIN TYPES OF LAWS?

Civil and criminal laws can be both Procedural and substantive laws Business law Torts and UCC

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Compare and contrast criminal and civil law and substantive and procedural law.
Criminal law - against society Civil law - against an individual. Substantive - WHAT law is affected Procedural - HOW do we enforce the law
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TYPES OF LAW
Constitutional law Statutes Administrative law Based on constitutions Enacted by legislative bodies Rulings by administrative agencies

Civil law
Criminal law Procedural law

Addresses wrongs done to individuals

Addresses wrongs done to society Deals with methods of enforcing legal rights and duties Defines legal rights and duties Rules that apply to business transactions
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Substantive law Business law

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