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Introduction to Law:Sources of Law,Law and Ethics,

OBE-118,

Fall, 2004

Professor McKinsey

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Introduction to Law

Today’s Agenda

Nature and Sources of Law

Ethics and the Law

or,

How to avoid being Martha Stewart or an Enron executive

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English Common Law

U.S. Constitution

State #1 Constitution

State #2 Constitution

Individual or Business

Federal Courts

Congress Executive Branch

State Courts

State Leg

State Exec

State Courts

State Leg

State Exec

Agencies Agencies

Agencies

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Types of Law- Source

• C

• S

• C

• R

• O

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Types of Law- Type

• Criminal

• Civil

• Administrative (Quasi Civil)

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Defining the Law

• Some law is “black letter”• Most law is very ambiguous and hard to pin

down– Court interpretations of statutes – “precedent”– Ethical interpretations– Tradition and practice of police, courts and

agencies– Case law or “common law”

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Cases

• Cases flesh out and define black letter law as well as create law of their own

• When reading a case, what things should you look for that tell you the importance and relevance of the case?

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Jurisprudence, or “What is Law?”

“Law is what the sovereign says it is.”

Decisions stand, regardless of morality.

“An unjust law is no law at all and need not be obeyed.”

Laws must have a good moral basis.

“Enforcement of the law is more important than the law itself.”

Enforcers determine if the law is applied in a fair and consistent way.

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Applying the Law

• Begin with black letter law

• Evaluate the moral situation• Apply the moral pressure against the strength of the

law1) The less clear the black letter law, the more likely moral standard determines outcome.

2) The stronger the moral conviction the more likely moral standard determines outcome.

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What Standard???

Questions

• Can a judge use his or her own standard?• Must a judge go against his or her own belief?

• Does it matter if the judge is elected? Does it matter if the judge proclaimed the particular belief?

• What limits legislature?• What limits the majority?

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Overview of this Course

Introduction, Defining Law

Types of Law Forums Where Law is Applied

Torts Contracts

Product Liability

Secured Transactions

Employment Law

Bankruptcy

Property

Business Organizations

Antitrust Law

Some substantive

areas we get to

sample

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Next Week

• Bring Scantron quizstrips to every class starting next week

• First Scheduled quiz is on Thursday of next week

• Remember to read before class Tuesday

• Next week: The Constitution and Sources of Law