2 Section 1-1 Goals Explain the stages of evolution of law Describe the differences between common and positive lawDescribe the differences between law courts and equity courts
3 Hot Debate – Page 4 Who was at Fault? What arguments would Donna’s Attorney present at the civil trial to determine who was negligent?What arguments would Wilma’s attorney present?
4 Basic Terms Law Code Enforceable rules of conduct in a society Reflect the culture and circumstances that create themCodeLaws grouped into an organized formCriminal, property, business, family, personal injury, labor laws
5 Stages in the Growth of Law 1. Individuals take revenge for wrongs done to them 2. Awards of money or goods are substituted for revenge 3. Court systems are formed 4. A central authority figure (sovereign) intervenes to prevent and punish wrongs
6 Common vs. Positive Common Law Example: Positive Law Based on current standards or customsUsually pronounced by judgesUsed to settle disputesExample:CigarettesPositive LawDictated from aboveUsually from a higher central authority figureTo prevent disputes before they happen* Laws should be both predictable and flexible
7 English Common Law The Kings Court Example: Ox Cart Accident – Page 6 1150 by King Henry IIDeveloped to create consistency among regionsAppointed JudgesGood weather months judges would “ride circuit”Bad weather months judges met in London to hear casesExample: Ox Cart Accident – Page 6
8 English Common Law Kings Court Established: Jurisdiction- Jury- The power to decide a caseJury-panel of citizens, to interpret local customsUnique to English Common LawPrecedent-Use of prior cases as a guide for similar cases
9 Levels of Government Federal State Local Each level consists of ConstitutionsStatutesAdministrative LegislationsCase Law
10 Section 1-2 Goals Explain how the four levels of law are created Explain how to resolve conflicts between those four levelsDescribe the differences between:Criminal & CivilSubstantive & ProceduralBusiness & Others
11 Basic Terms Constitution Allocation of power between: A document that sets forth the framework of a government & its relationship to the people it governsAllocation of power between:People & government – Bill of RightsState & federal government – Fed regulates commerce (intrastate and interstate)Branches of government – checks and balances between the three branches
12 Basic Terms Statutes Ordinances Administrative Agencies Laws enacted by state or federal legislatureExample: What's Your Verdict? Page 9OrdinancesLaws enacted at the local levelAdministrative AgenciesGovernment bodies formed to carry out particular lawsSocial Security Administration FederalPa Department of Transportation StateCounty Zoning Commission Local
13 Basic terms cont. Case Law READ “IN THIS CASE”…PAGE 10 Usually is made after a trial has ended and appealed.The decision of that appeal may create a new lawStare decisisREAD “IN THIS CASE”…PAGE 10
14 What Happens when Laws Conflict? Any federal, state or local law that conflicts with the constitution is unconstitutionalThat law is invalidTurn to page 618 for some constitutional laws
15 Criminal Vs. Civil LawWhat’s your verdict? Page 11Criminal or Civil?
16 Criminal Vs. Civil Law Criminal Law Civil Law Define and set punishment for offences against societyViolates citizen’s right to live in peaceCivil LawDefine and set punishment for offences against individualsExample: tenant refuses to pay rent; owner can sueCrime- an offence against society
17 Criminal Vs. Civil Law What’s your verdict? Page 11 Criminal or Civil? Both – running through a stop sign is a crime against society- smashing into Bates is a civil offense
18 Law in the Media?? Read Karla Faye Tucker Case - P.12 Is execution ever justified as a punishment for crime?Why? / Why not?
19 Procedural vs. Substantive Deals with methods of enforcing legal rights and dutiesHow/when arrests can be madeDetermine equitable remediesStare decisislower courts must follow existing case law in similar cases
20 Substantive Defines rights and duties Rules of conduct Except enforcementDefines offencesMurderTheftVehicular homicidenegligence
21 Business LawCovers rules that apply to business situations & transactionsMost occur between merchant and consumerConcerned with Civil lawTortsPrivate wrongs against people/organizationsManufactures make defective products
22 Two types of Procedural Law Criminal ProceduralDefines the process for enforcing the law when someone is charged with a crimeCivil ProceduralUsed when civil law is violatedConcerned with private offencesPolice & public prosecutors generally do not get involved
23 Uniform Commercial Code (UCC) Widely adopted uniform business lawGives consistency between state commercial lawsSales of goods, aspects of banking, leases of goods, credit transactions, etc.
24 Review what you know Think Critically page 13 #10 - #12 & 14Your Legal Vocabulary page 14#1 - 14