Kinds Of Law

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Chapter 3

• Kinds Of Law

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How did Our Law Develop?

• English Common Law Our Legal Heritage
• Common Law United States Legal System
• Magna Carta Provided protection against
  unreasonable acts by kings in 1215.
• Roman Civil Law Body of regulations imposed by
  emperors of ancient Rome.

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Equity

• Equity Alternative to the Common Law
• Money Damages A court-ordered payment by the
  defendant to the plaintiff.
• Specific Performance Completion of an agreement
  as promised
• Injunction Order of a court to do or not to do
  a specified thing
• Equity Form of justice administered when there
  is no suitable remedy available in common law
  courts

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What Types of Law do we Have Today?

• Constitutional Law
• Allocates Powers
• between the people and their government
• between state governments and the federal
  government
• among the branches of the governments
• Rights that protect people from government action
• Freedom of religion
• Freedom of speech, press, and peaceable assembly
• Security in person and property against
  unreasonable searches and seizures

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Kinds of Law-Constitutional

• Right to remain silent if accused of a crime and
  to enjoy a speedy and public trial by an
  impartial jury
• Protection from cruel and unusual punishment if
  convicted of a crime
• Right to fair compensation for private property
  taken by the government for a public purpose
• Protection from the taking of life, liberty, or
  property with out due process of law
• Interstate Commerce between two or more states
• Intrastate Commerce occurs with in one state

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Kinds of Law-Statute-Admin.

• Statutory Law
• Statutes law enacted by a state or federal
  legislature
• Ordinance statutory law created by a town,
  city, or county
• Administrative Law
• Administrative Agencies government bodies
  formed to carry out particular laws
• Administrative Laws (rules and regulations)
  created by administrative agencies to which
  legislative powers have been given by
  legislatures

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Kinds of Law-Case

• Case Law
• Case Law law created by appellate courts
• Appellate Review Review of the results of a
  trial by a higher court
• Stare Decisis the principle that new cases must
  be decided in ways consistent with prior case law

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The Purposes of Law

• To influence, establish, and enforce standards of
  conduct of business transactions
• To provide for the recognition protection of
  individual rights.
• To provide ways of avoiding and, if necessary
  settling conflicts.
• To promote justice provide for the general
  welfare

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Which Type of Law is valid when law Conflict?

• Supremacy supreme power or authority
• Constitutions and Validity
• Unconstitutional invalid because in conflict
  with a constitution
• Federal, state, and local constitutions are void
  when conflicted with the federal Constitution
• Statutes and Validity
• Constitutional Fitting within the scope of
  powers delegated by the state
• Courts determine the constitutionality of the
  statutes and ordinances

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Validity

• Administrative Regulations and Validity
• Courts determine the validity
• Case Law and Validity
• Legislative bodies have the power to nullify a
  courts interpretation of its statute or
  ordinance by abolishing or rewriting it

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How do Criminal and Civil Laws Differ?

• Civil Law Refers to wrongs against individual
  persons
• Liable When the defendant must pay money to the
  plaintiff
• Criminal Law Law concerned with public wrongs
  against the society

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How do Procedural and Substantive Law Differ?

• Procedural Law Rules for enforcement of legal
  rights and duties
• Substantive Law Rules that define legal rights
  and duties

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What is Business Law?

• Business Law Rules that apply to business
  situations and transactions
• Torts Private wrongs against people or
  organizations
• Uniform Commercial Code (UCC) A large set of
  business statutes which simplified, clarified,
  and modernized many laws relating to commercial
  transactions

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Schools of Legal Thought

• Historical-Believe strongly in the rule of
  precedent
• Sociological-Set new precedent-Take into account
  religion, politics
• Analytical-the man is the law, inferior.
• Natural-God-based upon majority.
• Realist-Combination.

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Requisites of Law

• Flexible
• Certain
• Knowable
• Reasonably fair to all

Judge-Hears original Trial Justice-Hears trial
at appellate level.
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Keys to Observe in Solving Cases

• Facts
• Issue-Disputed Point
• What rule of law is involved
• How does this rule apply to the facts
• Decision
• Reasoning

Venue- Geographical jurisdiction to hear a case.
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Changes in the Law

• Adult Age
• Drinking Age
• Consumers are shielded
• Workers

Law is constantly changing to fit society Not all
custom or ethical and social standards have the
force of law.