Introduction to law us

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Introduction to Law US

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  • Introduction to law us

    1. 1. Introduction to Law United States
    2. 2. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle History of Law * System of rules of conduct and rights formally recognized by society or prescribed by the authority in a state [≠ what is permitted and prohibited] * Appearance of an organized court system: around 4000 BC [beginning of legal history]
    3. 3. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Classification Three broad divisions: 1- Law & Equity; 2- Substance & Procedure; 3- Public & Private Law. 8.3
    4. 4. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Law & Equity * Equity: supplementary system in which justice was administered through a separate court, the Court of Chancery. ≠ from an action at law: ** absence of a jury ** more flexible procedure ** wider scope of review on appeal ** law courts: restricted to the award of money and damages as relief;
    5. 5. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Law & Equity **equity operated on the person of the defendant and the court could issue an injunction, forbidding specified acts in order to prevent further injury, or it could decree specific performance, ordering performance of an obligation. ** A defendant [demandado/acusado]who disobeyed could be punished by fine or imprisonment for contempt of court until compliance.
    6. 6. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Law & Equity ** Equity came to differ from law in substance as well as procedure, as may be seen from one of its most important creations, the trust. ** Some states had separate systems of courts for law and equity; others had a single system in which a court might sit as either a law court or an equity court, depending on the nature of the case. ** By the middle of the century there was a demand for merger of law and equity.
    7. 7. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Law & Equity ** The Code abolished the distinction between a suit in equity and an action at law, substituted a single civil action for the different forms of actions previously available, and consolidated the rules of procedure. ** Law and equity were united in the federal courts in 1938 and have been merged in practically all the states.
    8. 8. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Substance & Procedure * Substantive Law: **creates, defines and regulates rights and duties of parties. * Procedural or Adjective Law or Adjectival Law or Remedial Law: ** prescribes method of enforcing the rights or obtaining redress for their invasion ** aggregate of rules of procedure or practice **the rules according to which substantive law is administered.
    9. 9. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Private & Public Law * Public Law: rights that are enforced through the administrative process; branch of law devoted to the functioning of the government and the adjustment of relations between individuals and the government; constitutional and administrative law [labor law -government control over labor relations, and trade regulation - government control over business activity and criminal law - relationship between the individual and the government, tax law: controversial, affinity in practice with private law]
    10. 10. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Private & Public Law * Private law: rights that are left to the enforcement on private initiatives through the law courts; private law is occupied with the rights of individuals among themselves [corporation and property law]; more fragmented [contracts, family law, property law, and torts]
    11. 11. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Sources & Hierarchy of Law 1- The Constitution 2- International Treaties 3- Federal Statutes 4- Agency Rules & Executive Orders 5- Judicial Opinions 6- State Constitutions & Statutes 7- Citation
    12. 12. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Person * A human being (natural person) * Legal person: labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. * “Persona” in civil Law is character in virtue of which certain rights belong to a man and certain duties are imposed upon him.
    13. 13. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Obligations * Legal bond which obliges the performance of something in accordance with the law of the land. It corresponded nearly to our word contract. The legal relation existing between two certain persons whereby one (the creditor) is authorized to demand the other (the debtor) a certain performance which has a money value. In this sense obligation signifies not only the duty of the debtor, but also the right of the creditor.
    14. 14. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Extinction * Payment: the performance of a duty, promise or obligation, or discharge of a debt or liability, by the delivery of money or other value by a debtor to a creditor where the money or other valuable thing is tendered and accepted as extinguishing debt or obligation in whole or in part. * Novation: substitution of a new contract, debt or obligation for an existing one, between the same or different parties. * Compensation: something (such as money) given or received as payment or reparation (as for a service or loss or injury); the act of compensating for service or loss or injury.
    15. 15. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Extinction * Compromise and settlement: an agreement or arrangement by which, in consideration of mutual concessions, a controversy is terminated. * Confusio or Merger of Obligations: extinction of an obligation due to the merger of creditor and debtor in one person. * Renunciation: the act by which a person abandons a right acquired without transferring it to another. * Discharge of debt: it is to extinguish it, to annul its obligatory force, to satisfy it. A debt may be discharged by payment or performance, or by any act short of that, lawful in itself, which the creditor accepts as sufficient. * Impossibility: failure of the contemplated mode of delivery or payment.
    16. 16. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Torts * Group of civil wrongs, other than breach of contract, which interfere with person, property, reputation, or commercial or social advantage * Essential Purpose: compensatory [though punitive damages may occasionally be awarded]
    17. 17. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Torts * Most torts can be divided into three broad categories: **depending on whether liability is based on intent; ** on negligence; ** or is absolute or strict, with no requirement of either intent or negligence. [Negligence is economically a more significant basis for a tort liability than intent]
    18. 18. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Government Structure * Executive Branch * Legislative Branch * Judicial Branch
    19. 19. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Executive Branch * The President * The Vice President * The Cabinet * All federal departments of 1- State, 2- Treasury, 3- Defense, 4- Justice, 5- Interior, 6- Agriculture, 7- Commerce, 8- Labor, 9- Health & Human Services, 10- Housing & Urban Development, 11- Transportation, 12- Energy, 13- Education, 14- Veterans affairs * Most governmental agencies
    20. 20. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Legislative Branch * The Congress, which consists of two chambers: ** a Senate - 100 Senators serve six-year terms. ** a House of Representatives - 435 members apportioned by population and serve two-year terms.
    21. 21. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Judicial Branch FEDERAL COURT SYSTEM UNITED STATES SUPREME COURT a. US COURTS OF APPEALS: US District Courts US Bankruptcy Courts U.S. Tax Court b. US COURTS OF APPEALS FOR FEDERAL CIRCUIT: * US Government Administrative Agencies: ** Federal Communications Commission ** National Labor Relations Board ** Interstate Commerce Commission ** Federal Trade Commission ** Internal Revenue Service, etc. * U.S. Court of Federal Claims * Court of International Trade
    22. 22. Introduction to Law Trad. Públicas: Silvia Comerci – Silvina Celle Judicial Branch STATE COURT SYSTEM STATE SUPREME APPELLATE COURT INTERMEDIATE APPELLATE COURT * Trial Courts of General Jurisdiction * Trial Courts of Limited Jurisdiction ** Small Claims Divisions * Probate and Surrogate Courts (many states) * Specialized Courts of Limited Jurisdiction: ** Probate and Surrogate Courts ** Family Courts ** Traffic Courts ** Juvenile or Family Law Courts (many states) ** Subordinate Courts: - Justice of the peace Courts - Magistrate Courts ** Police Courts

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