INTRODUCTION TO THE LEGAL SYSTEM

1
INTRODUCTION TO THE LEGAL SYSTEM

• Chapter 1

2
BASIC DEVELOPMENT OF LEGAL SYSTEMS IN THE WESTERN
WORLD

• Common Law System
• Civil Law System

3
COMMON LAW CONCEPTS

• Stare decisis
• Case of first impression
• Precedent
• Equity
• No adequate remedy at law

4
MORE RECENT SOURCES OF LAW

• Constitutions Federal state
• U.S. Constitution is the Supreme Law of the Land
• Codified law Statutes ordinances
• Law from legislatures
• Federal statute Congress Statutes
  United States Code (U.S.C.)
• Case law or judicial law
• Not just the Common Law
• Interpretations of statutes constitutions
• Agencies Federal and state
• Executive orders President governors

5
Classifications of Law

• Substantive versus Procedural Law
• Substantive law sets out right and duties
  governing people as they act in society
• Procedural law establishes the rules under which
  the substantive rules of law are enforced
• Criminal versus Civil Law
• Criminal law defines breaches of duty to society
  at large
• Civil law establishes private duties owed by one
  person to another

6
CRIMINAL V. CIVIL

• Source of law
• Remedies
• Caption of case
• Burden of proof

7
CIVIL LAW INCLUDES

• Contract law (K)
• Property law real personal
• Laws affecting persons
• Ex.s family law, corporate law, partnership law,
  agency
• Torts
• Wrong or injury
• Civil action or remedy
• Not a breach of contract action