Law on the Web

Findlaw.com.
Legal Information Institute at Cornell
Law School.
Library of Congress.
Villanova Center for Law and Policy.
Legal Research Exercises on the Web.

Chapter Outline
Schools of Jurisprudential Thought
Business Activities and the Legal Environment
Sources of American Law
The Common Law Tradition
The Common Law Today
Classifications of Law
How to Find Primary Sources of Law
How to Read and Understand Case Law

Definition of Law
Enforceable rules governing
relationships among individuals (civil
law) and between individuals and their
society (criminal law).

1: Schools of
Jurisprudential Thought

Natural Law view.

Positivist view.
Historical view.
Legal Realism view.

Natural Law School

Assumes that law, rights and ethics are based
on universal moral principals inherent in
nature discoverable through the human
reason.
The oldest view of jurisprudence dating back
to Aristotle.
The Declaration assumes natural law, or what
Jefferson called the Laws of Nature.

The Positivist School

Law is the supreme will of the State that
applies only to the citizens of that nation at
that time.
Law, and therefore rights and ethics, are not
universal. The morality of a law, or whether
the law is bad or good, is irrelevant.

The Historical School

Emphasizes the evolutionary process of law
Concentrates on the origins of the legal
system
Law derives its legitimacy and authority
from standards that have withstood the test
of time
Follows decisions of earlier cases

Legal Realism
View of law started in 1920s.
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.

3: Sources of American Law

U.S. and State Constitutions.

Statutory Lawfederal, state and local.
Administrative regulations and decisions.
Case Law and Common Law Doctrines.

Hierarchy Among Sources of

American Law
Laws coming from various sources of American law
are enforced according to the following hierarchy:
1. The US Constitution
2. Federal statutory law
3. State Constitutions
4. State statutory law
5. Local ordinances
6. Administrative rules
7. Common Law

Sources of American Law

Constitutional Law-Found in text and cases
arising from federal and state constitutions-it
is the supreme law of the land.
Statutory Law
-Laws enacted by federal and state
legislatures.
-Local ordinances
-Uniform Laws (e.g., UCC).

Sources of American Law

Administrative Law
-Rules, orders and decisions of administrative
agencies, federal, state and local.
-Administrative agencies can be independent
regulatory agencies such ad the FDA
-Agencies make rules, then investigate and
enforce the rules in administrative hearings.

Sources of American Law

Case Law and Common Law Doctrines
-Much 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.

Stare Decisis
Stare decisis is a Latin phrase meaning to
stand on decided cases.
Makes the law stable and predictable.
Increases judicial efficiency by relieving courts
of having to reinvent legal principles for each
case brought before them.

Stare Decisis and Precedent

Stare decisis is judge made law based on
precedent.
Precedents are judicial decisions that give rise to
legal principles that can be applied in future cases
based upon similar facts.
Precedents and other forms of positive law, such as
statutes, constitutions, and regulations, are referred
to as binding authority and must be followed.

Cases of First Impression

In cases of first impression where there is
no precedent, the court may refer to positive
law, public policy, and widely held social
values in order to craft the best new
precedent.

4: The Common Law Tradition

American law is based largely on English
Common Law which was based largely on
traditions, social customs, rules, and cases
developed over hundreds of years.

Remedies: Law vs. equity

Remedy: means to enforce a right or compensate
for injury to that right.
Remedy at Law: in kings 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, in most states, legal and equitable remedies
are found in the same court.

The Common Law Tradition [2]

At common law, there were two separate
court systems with two different types of
remedies:
COURTS OF LAW (monetary relief), and
COURTS OF EQUITY (non-monetary relief)
based on notions of justice and fair dealing.

Courts of Law
Also called kings courts where judges
were appointed by the king.
Remedies limited to those provided at law,
i.e., land, chattel, money.
Judges resolved disputes by application of
rules of law to the facts of the case before
the court.

Equitable Maxims
Whoever seeks equity must do equity;
Where the equities favor both parties, the dispute must
be decided according to the law;
Whoever seeks equity must come to the court with
clean hands;
Equitable relief will be awarded only when there is no
adequate remedy at law;
Equity favors substance over form; and
Whoever seeks equity must pursue the vindication of
their rights vigilantly or risk having their claims barred.

6: Classifications of Law
Every type of law will be either:
Civil or Criminal, and either
Substantive or Procedural, and either
Public or Private.

* Cyberlaw is law applied to internet

transactions.

Civil vs. Criminal

Civil law defines the rights between
individuals or individuals and governments.
Criminal law defines an individuals
obligations to society as a whole.

Substantive vs. Procedural

Substantive law defines or creates the rights
and obligations of persons and governments.
Procedural law provides the steps one must
follow in order to avail oneself of ones legal
rights or enforce anothers legal obligations.

8: Reading &
Understanding Case Law
Legal cases are identified by a legal citation
(or a cite) as the example below:

Toyota Motor Manufacturing,

Kentucky, Inc., 534 U.S. 184 (2002).
Title: First Party is Plaintiff, second
party is Defendant. The parties are
either italicized or underlined.

Reading &
Understanding Case Law [2]
Legal cases are identified by a legal citation
(or a cite) as the example below:

Toyota Motor Manufacturing, Kentucky,

Inc., 534 U.S. 184 (2002).
This is a U.S. Supreme Court Case
found in volume 534, page 184 of
the U.S. Supreme Court reporter.

Reading &
Understanding Case Law [4]
Legal cases are identified by a legal citation
(or a cite) as the example below:

Federal Express Corp. v. Federal

Espresso, Inc., 201 F.3d 168 (2nd Cir.
Read this Case at Findlaw.com
2000).
by clicking on the hyperlink.