chapter 01 our laws

8/7/2019 Chapter 01 Our Laws

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1-1 Our Laws and Legal System

1-2 Types of Laws


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1-1


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Developed by Will and Ariel Durant - analyzed

nearly every civilization recorded in history

A central

Individuals take revenge for wrongs done to them

Personal revengeGang-related

shootings

This situation

often leads to oneindividual seizing

power and

exerting control

to bring peace to

the society

money or goodsare substituted

for revenge

Court systemsare formed

Elders or priests

preside over court

authority figure

intervenes to

prevent and

punish wrongs

Laws are issued topunish behaviors

that injure others

in certain ways


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Laws reflect wisdom (or lack thereof) oftheir creators

Laws should be predictable and flexible

Not predictable will

produce an unstable society

A legal system too rigid will

be overthrown

Best system one that

adapts to the current

standards of the people


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CommonCommonCommonCommonlawlawlawlaw

Positive lawPositive lawPositive lawPositive law

pronounced by judges who

use it to settle peoples

disputes

laws set down by a central

authority to prevent

disputes and wrongs from

occurring in the first place


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English Common LawEnglish Common LawEnglish Common LawEnglish Common Law

Before developed

feudal barons acted

as judges withintheir territories

Disputes settled on

the basis of local

customs andenforced


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1150, King Henry appointed judges

gave these judges the power to order that wrongdoers

pay with money or goods, the parties they injuredjurisdictionjurisdictionjurisdictionjurisdiction created the power to decide a case

The KingsThe KingsThe KingsThe Kings

CourtCourtCourtCourt

jury evolved a panel of citizens

JuryJuryJuryJury

uniform

its ability to adapt to changes in society

system of the law in the US is based on the English

Common law

AdvantagesAdvantagesAdvantagesAdvantages


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English courts carefully followed precedent

(used prior cases as a guide for deciding similarnew cases)

Disadvantages of following precedents

Rigid adherence to proper form

Courts of law were limited to granting

the remedy of money damages wait

until the harm actually occurred

before they could take action

No jury


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1-2


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Three levels of

government

Federal State Local


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Constitutions: a document that sets both the framework of a

government and its relationship to the people it governs

constitutional lawconstitutional lawconstitutional lawconstitutional law:

You are governed by

The Constitution of

the United StatesState Constitution

aw ma e w en

constitutions areadopted or amended,

or when courts

interpret constitutions

Defines and allocates

(distributes) powers

three ways

Supreme Court is t e

final interpreter forthe Federal

Constitution


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Allocation of Power BetweenPeople and Their Governments

Federal

Constitution Bill of Rights


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Allocation of Power Between Federal and

State Governments

FederalConstitution

power to regulate foreign andinterstate commerce

Interstate:between 2+ state

Intrastate: occurswithin 1 state


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Allocation of Power Among the Branches

of Government

Executive Legislative Judicial

System of checks

and balances: no

branch too

powerful

Courts conducttrials, not

Congress


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StatutesStatutesStatutesStatutes: laws enacted by legislatures

Federal State Federal and

constitutions

created the

Congress of

the US

constitutions

created the

state

legislature

state

legislatures are

composed of

representatives

OrdinanceOrdinanceOrdinanceOrdinance: legislation enacted at the local level, created by

A town City council County board Commission


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Administrative agenciesAdministrative agenciesAdministrative agenciesAdministrative agencies:

governmental bodies created byfederal, state, and local legislatures

to carry out particular laws.

Legislativepowers

Limitedjudicial

powers

Federal Social

Security

Administration

State DMVCountys

zoning

authorized to

create

administrativelaws

hearings, fact


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Judicial branch of governments creates case law

StareStareStareStare decisisdecisisdecisisdecisis: the legal doctrine that requires lower courts to follow established case law in deciding similarcases (to adhere to decided cases)

Requires lower courts to follow established

case law in deciding similar cases.Does not bind supreme courts

Case law carefully established and rarely

revoked

Case lawCase lawCase lawCase law: law made after a trial has ended and one of the parties has appealed the result to a higher court:


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Statutes and Validity

Statutes ordinance

must be constitutional

to be valid

Courts determine

constitutionality of

statutes and

ordinances

particular ordinances exceed the scope of

powers delegated

Gasoline for $1 Death Penalty


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Administrative Regulationsand Validity

Courts may invalidate a rule or regulation if

its outside the scope of powers delegated tothe agency by the legislature that created it


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Case Law and Validity

A legislative body has the

power to nullify a courts

interpretation of a statute

or ordinance by abolishing

or rewriting it

People have power to

amend constitutions if they

disagree with the courtsinterpretations


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Criminal v. Civil LawsCivil lawCivil lawCivil lawCivil law: the

group of laws that

redress wrongsagainst individual

persons

When one personhas a right to sue

another person

(tenant v. landlord)

CrimeCrimeCrimeCrime: an offense against society

It disrupts the

stable environmentthat we all depend

upon to make

civilization work

If crime is

committed and theperson responsible

can be found, the

government will

prosecute

Conviction can befine, imprisonment,

and execution

governing thecitizens right to

live in peace


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Procedural v. Substantive Laws

of enforcing legal rights and duties

How and when

police can make

arrests

Methods can beused in a trial

Stare decisis


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ntivelaw

ntivelaw

ntivelaw

ntivelawlaws defining rights andduties of conduct except

those involved in

enforcement

all rules of conduct rocedure

the process forenforcing the law when

someone is charged

with a crime

rocedure

when a civil law hasbeen violated, only

private offenses

Subs

t

Subs

t

Subs

t

Subs

t

except those involved in

enforcement

definite offenses

murder

theft

vehicular homicide

breach of contract

Negligence

criminal

civil


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Uniform Commercial Code(UCC) awidely adopted uniform business law

Governs

sales ofgoods

Aspects of

banking

Leases of

goods

chapter 01 our laws

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