Hot Debate (pg. 4) Who was at “fault”? What arguments would Donna’s attorney present? What arguments would Wilma’s attorney present?
1.1 Our Laws and Legal System Law – Enforceable rules of conduct in society Laws reflect the following about society: Culture Circumstance Laws keep order and avoid anarchy in society
Laws of Hammurabi Laws of Babylon included: Criminal Law Property Law Business Law Family Law Personal Injury Law Labor Law Other Laws These laws resemble our current law systems
Laws are Society Specific Laws differ between the following Country State County Municipality Often, laws for one area may appear “Silly” or “Useless” ACTIVITY: Use the internet to research 5 laws you feel are “Silly” or “Useless”
Stages of Law Growth Individuals take revenge for wrongs done to them Awards of money or goods are substituted for revenge Court Systems are formed A central authority figure intervenes to prevent and punish wrongs
Laws should be: Predictable Others know what is needed to follow order Expectations are met for all followers Flexible Laws must change with time Laws must be modified to meet society needs What happens if laws are not predictable or flexible? Describe an example where this has occurred?.
Common Law v. Positive Law Common Law Pronounced by Judges Used to Settle People’s Disputes Positive Law Set by Central Authority (Sovereign) Prevents Disputes or Wrongs
United States System Common Law 49 States follow a Common Law System Positive Law Roman Civil Law 1 State follows a Positive Law System Guess which state?!
The Beginning of English Common Law Feudal System Each Baron enforced laws for their jurisdiction Laws determined by local customs or norms England unable to maintain control of country Kings Courts Established by King Henry II Group of trusted Nobles (“Judges”) ruled Weather Determined location Fair Weather – “Ride Circuit” Bad Weather – London Based Kings Court took Jurisdiction over Feudal System
English Law Continued Jury Panel of citizens from the Region Used to avoid unrest among citizens Example (Pg. 6-7)
Equity: Improving Common Law English Common Law followed Precedent Positive: Provided Stability in the Law Negative: Misspelled word nullified the law Law required waiting to damage occurred Equity of Law King would transfer case to Equity Court
Constitutional Law Constitution- Document that sets forth the framework of a government and the relationship to the governed people Constitutional laws result from adoption or amendment of constitutions Federal and State Constitutions exist Unconstitutional – Conflicts with Constitutional Laws
Constitution: Allocation of Powers Between People and their Government Bill of Rights Between Federal and State Governments Between Branches of the Government Executive, Legislative, Judicial Checks and Balances
Other forms of Constitutional Law Statues Enacted by federal or state legislatures Ordinances Local town or city councils, commission, or board Use google to search of Ordinances of Chambersburg
Case Law Created by Judicial Branch Law is created after a trial has ended and an appeal had been filed Stare Decisis – Latin for “adhere to decided cases.”
Civil Law Private legal rights of an individual are violated Wrongs against individual persons Example: Tenant does not pay rent, landlord has right to sue for payment
Criminal Law Offense against society Right to live in peace is violated Conviction results in: Fine Imprisonment Execution Victim may also sue to the “wrongdoer”
Procedural Law Deals with methods of enforcing legal rights and duties Outlines how and when police can make arrests What methods can be used in trials
Substantive Law Defines rights and duties Covers all rules of conduct except those involved in enforcement Covers: murder, theft, vehicular homicide, breach of contract, and negligence
Business Law Business Law covers all rules and regulations that apply to business Business Law is considered VERY broad Most cases fall under Civil Law Most cases involve Torts Private Wrongs Uniform Commercial Code (UCC) – widely adopted business law system