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  • 1. Chapter 1 - Our Laws
  • 2. Hot Debate (pg. 4)
    Who was at “fault”?
    What arguments would Donna’s attorney present?
    What arguments would Wilma’s attorney present?
  • 3. 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
  • 4. 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
  • 5. 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”
  • 6. 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
  • 7. 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?.
  • 8. 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
  • 9. 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?!
  • 10. 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
  • 11. English Law Continued
    Jury
    Panel of citizens from the Region
    Used to avoid unrest among citizens
    Example (Pg. 6-7)
  • 12. 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
  • 13. 1-2: Types of Laws
  • 14. 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
  • 15. 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
  • 16. 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
  • 17. 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.”
  • 18. 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
  • 19. 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”
  • 20. 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
  • 21. 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
  • 22. 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