what is the law ? copyright © texas education agency, 2013. all rights reserved

What is the Law ?

Copyright © Texas Education Agency, 2013. All rights reserved.

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Enforceable rules of conduct in a society

Reflects the culture and circumstances that create them

Grouped into an organized form (code)

Many similarities between codes of different civilizations

The Law


Stages 1 & 2 in the Growth of Law

Individuals take revenge for wrongs done to them.

Leader has power to force revenge-minded individuals to accept an award of goods or money instead


The leader gives power to enforce options for the revenge-minded individuals to a system of courts.

The leader or central authority acts to prevent and punish wrongs that provide individuals to seek revenge.

Stages 3 & 4 in the Growth of Law


Laws

Reflect the wisdom or lack of wisdom by their creators

A legal system that is too controlling and too rigid to change with the wants and needs of the people will be overthrown


Types of Law

Common Law - based on the current standards or customs of the people

Positive Law - dictated from a

sovereign or other central authority to prevent disputes and wrongs from occurring


History of the U.S. Legal System

English Common Law and Roman Civil Law have influenced the world’s legal systems.


Well written comprehensive sets of statutes in code form

Laws only changed by the central

government

Louisiana has a civil law

system

Roman Civil Law


English Common Law

King’s Bench– Judges appointed by the king from a

group of trusted nobles– Judges ordered wrongdoers pay with

money or goods to the parties they injured

Jurisdiction - power to decide a case Jury - citizens from each region to interpret

the region’s customs for the court


Achieves uniformity while maintaining the ability to adapt to changes in society

Served as a model for legal systems worldwide, including 49 states in the United States

English Common Law


Other Legal Concepts

Precedent - courts use prior cases as a guide for deciding similar new cases

Equity - fairness

Legal recourse - avenues of legal action available to the citizen


Assignments

Legal Storyline: Draw a mural that represents the chain of events in a story. The mural must highlight the legal terminology involved in the case. There should be at least one picture frame for every legal concept defined.


Independent Practice Assignment Activity

what is the law ? copyright © texas education agency, 2013. all rights reserved

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