Chapter 1 Legal Systems

Maxims - Underlying principles of dispute resolution that reflect society’s attitude.These can be law and/or public policy in codified form, but are often unstated.

Maxims (contd.)

Mistakes are fixed, not exploitedRemedy is a right of the wrongedLiability is assigned to those

responsible“Clean hands doctrine”- act fairlyReasonableness standard (no

impossibilities)Efficiency is valued, waste is not

Maxims (contd.)

Substance is preferred over formBenefit and burden are co assignedRule must have a reasonRule and Reason should be uniformly

appliedIdle or useless acts are not required

Common Law System

Used by the U.S., Britain and former colonies

Basis for future interpretations provided by: Case Law Precedent Judge’s rulings

US-Multijurisdictional Law

50 States, Municipalities, Counties, etc.

Jury SystemAdversarial system of discoveryCompetition for the truth

Other Systems

Civil Law Used in France, Germany, most of

Europe, Japan Heavily codified and lots of regulation

Islamic Law Used in about 70 countries Directed by the teachings of the Koran

Legislative Branch

Makes laws and passes statutesStatutes aggregated into codes

Building codes, commercial code, etc.

Executive Branch

Enforcement, policing, and implementation of statutes.

Runs prisons, police, FBI, etc.

Administrative agencies

Handles complex codesAssists legislative and executive

officesExamples are IRS, EEOC, DOTHave hearings and dispute resolution

mechanisms.

Judicial Branch

Criminal and civil systemsJurisdiction a recognized legal

activityAlso determines who decides

Types of Law

Constitutional Law: Core principlesStatutes: Passed by legislature Administrative Regulations: Adopted

by agenciesCase Law: Established by

precedence

Issues of Fact vs. Law

Issues of Fact Discovery and testimony Parties cannot agree Most important part of a claim

Issues of Law Judges and arbitrators interpret law

Criminal vs. Civil Law

Criminal Law Prevent and punish crimes Government always the prosecutor

Civil Law Rights and duties of individuals towards

one another Damages awarded, not punishment

(except for torts)

Contract vs. Tort

Contract Voluntary duties Promise for performance and payment

Tort Duties imposed by law Reasonableness standard Implicit duties McDonald’s coffee example