Chapter 1 Condensed Version


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Chapter 1 Condensed Version

  1. 1. Chapter 1 - Our Laws<br />
  2. 2. Hot Debate (pg. 4)<br />Who was at “fault”?<br />What arguments would Donna’s attorney present?<br />What arguments would Wilma’s attorney present?<br />
  3. 3. 1.1 Our Laws and Legal System<br />Law – Enforceable rules of conduct in society<br />Laws reflect the following about society:<br />Culture<br />Circumstance<br />Laws keep order and avoid anarchy in society<br />
  4. 4. Laws of Hammurabi<br />Laws of Babylon included:<br />Criminal Law<br />Property Law<br />Business Law<br />Family Law<br />Personal Injury Law<br />Labor Law<br />Other Laws<br />These laws resemble our current law systems<br />
  5. 5. Laws are Society Specific<br />Laws differ between the following<br />Country<br />State<br />County<br />Municipality<br />Often, laws for one area may appear “Silly” or “Useless”<br />ACTIVITY:<br />Use the internet to research 5 laws you feel are “Silly” or “Useless”<br />
  6. 6. Stages of Law Growth<br />Individuals take revenge for wrongs done to them<br />Awards of money or goods are substituted for revenge<br />Court Systems are formed<br />A central authority figure intervenes to prevent and punish wrongs<br />
  7. 7. Laws should be:<br />Predictable<br />Others know what is needed to follow order<br />Expectations are met for all followers<br />Flexible<br />Laws must change with time<br />Laws must be modified to meet society needs<br />What happens if laws are not predictable or flexible? Describe an example where this has occurred?.<br />
  8. 8. Common Law v. Positive Law<br />Common Law<br />Pronounced by Judges<br />Used to Settle People’s Disputes<br />Positive Law<br />Set by Central Authority (Sovereign)<br />Prevents Disputes or Wrongs<br />
  9. 9. United States System<br />Common Law<br />49 States follow a Common Law System<br />Positive Law<br />Roman Civil Law<br />1 State follows a Positive Law System<br />Guess which state?!<br />
  10. 10. The Beginning of English Common Law<br />Feudal System<br />Each Baron enforced laws for their jurisdiction<br />Laws determined by local customs or norms<br />England unable to maintain control of country<br />Kings Courts<br />Established by King Henry II<br />Group of trusted Nobles (“Judges”) ruled<br />Weather Determined location<br />Fair Weather – “Ride Circuit”<br />Bad Weather – London Based<br />Kings Court took Jurisdiction over Feudal System<br />
  11. 11. English Law Continued<br />Jury<br />Panel of citizens from the Region<br />Used to avoid unrest among citizens<br />Example (Pg. 6-7)<br />
  12. 12. Equity: Improving Common Law<br />English Common Law followed Precedent<br />Positive:<br />Provided Stability in the Law<br />Negative:<br />Misspelled word nullified the law<br />Law required waiting to damage occurred<br />Equity of Law<br />King would transfer case to Equity Court<br />
  13. 13. 1-2: Types of Laws<br />
  14. 14. Constitutional Law<br />Constitution- Document that sets forth the framework of a government and the relationship to the governed people<br />Constitutional laws result from adoption or amendment of constitutions<br />Federal and State Constitutions exist<br />Unconstitutional – Conflicts with Constitutional Laws <br />
  15. 15. Constitution: Allocation of Powers<br />Between People and their Government<br />Bill of Rights<br />Between Federal and State Governments<br />Between Branches of the Government<br />Executive, Legislative, Judicial <br />Checks and Balances<br />
  16. 16. Other forms of Constitutional Law<br />Statues<br />Enacted by federal or state legislatures<br />Ordinances<br />Local town or city councils, commission, or board<br />Use google to search of Ordinances of Chambersburg <br />
  17. 17. Case Law<br />Created by Judicial Branch<br />Law is created after a trial has ended and an appeal had been filed<br />Stare Decisis – Latin for “adhere to decided cases.”<br />
  18. 18. Civil Law<br />Private legal rights of an individual are violated<br />Wrongs against individual persons<br />Example: Tenant does not pay rent, landlord has right to sue for payment<br />
  19. 19. Criminal Law<br />Offense against society<br />Right to live in peace is violated<br />Conviction results in:<br />Fine<br />Imprisonment<br />Execution<br />Victim may also sue to the “wrongdoer” <br />
  20. 20. Procedural Law<br />Deals with methods of enforcing legal rights and duties<br />Outlines how and when police can make arrests <br />What methods can be used in trials<br />
  21. 21. Substantive Law<br />Defines rights and duties<br />Covers all rules of conduct except those involved in enforcement<br />Covers: murder, theft, vehicular homicide, breach of contract, and negligence<br />
  22. 22. Business Law<br />Business Law covers all rules and regulations that apply to business<br />Business Law is considered VERY broad<br />Most cases fall under Civil Law<br />Most cases involve Torts<br />Private Wrongs<br />Uniform Commercial Code (UCC) – widely adopted business law system<br />