What is Law?

Laws are enforceable rules of conduct in a society, which reflect the culture and circumstances that create them. Codes are laws grouped into an organized form.

The first law code was set down 4000 years ago by King Hammurabi of Babylon it has many similarities to our current law codes! Hammurabi’s Law Code had sections addressing the following topics: Criminal Law Property Law Business Law Family Law Personal Injury Law Labor Law

Why do we need the same protections from the conduct of others as we did thousands of years ago? What types of behaviors might we need to be protected from?

1. Individual 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 intervenes to prevent and punish wrongs.

Laws reflect the wisdom – or lack thereof – of their creators. Laws should be predictable and flexible. What does that mean? What will happen if the system of laws established is not predictable? What will happen if the legal system is too controlling and/or too rigid to adapt with society?

Common Law is based on the current standards or customs of the people it governs. Positive Law is set down by a central authority to prevent disputes and wrongs from occurring in the first place

The world’s two great systems of law are the English Common Law and the Roman Civil Law. Countries with systems patterned after the civil law have: Written Well organized Comprehensive Statutes in code form Only ONE state in the US has law based on a civil law system: Louisiana French influence of food, customs, and law (French Napoleonic Code)

1 st Feudal Systems Feudal barons settled disputes based on local customs Laws varied from region to region 2 nd Kings Courts King Henry II appointed judges and gave them power to order wrongdoers pay restitution During good weather months the judges would “ride circuit” into the countryside holding court in the villages During bad weather months the judges would meet in London and hear cases that may have been decided unwisely during the circuit Called “King’s Bench”

The baron’s courts kept the power to hear small cases. The King’s courts took the power to decide the most important cases Why do you think the king split the power like this?

King Henry knew that court cases should be decided in harmony with the customs of the people What consequence was he trying to avoid? The King’s Bench was instructed to gather citizens form each region to help interpret the customs. A jury is unique to an English Common Law System.

The system of “Circuit Court” rulings and appeals to the King’s Bench created “standards”. Centuries worth of “standards” became a network of thousands of unified, custom based laws – English Common Law. This customs-based, unified system of laws is unique and very adaptable to changes in society. This made it a great model for legal systems world wide—including the US!

English Common law carefully followed precedent. What does that mean? There were disadvantages: Rigid adherence o proper form The court was limited to granting damages— wrongdoing could only be punished not prevented. What kinds of law prevents wrongdoing?

If you could foresee an action was going to hurt you and you wanted to stop it before it happened you could (if you were rich/powerful enough) petition the King. The king may appoint the chancellor to hear your case and make a ruling based on equity or fairness. The chancellor could: Compel action from a party Issue an Injunction This was not available to the average person until the King created Equity Courts which had the power to: Issue injunctions or compel specific action

What are the sources of our law?

Laws in our country are created at all three levels of government Federal State Local The laws consist of Constitutions Statutes Administrative Regulations Case Law

A constitution is a document that sets forth the framework of a government and its relationship to the people it governs. Constitutional Law is made when constitutions are adopted or amended, or when courts interpret constitutions. US Constitution US Supreme Court is the final interpreter on federal matters State Constitution State Supreme Court is the final authority on matters of state

Federal and state constitutions primarily define and allocate certain powers in our society. 1. between the people and their governments 2. between state governments and federal governments 3. among branches of the government

The first 10 amendments regulate power between the people and their government Bill of Rights Protects people from the government Freedom of religion Freedom of speech The right to remain silent if they are accused of a crime Etc.

We can clearly see the separation of state and federal government when it comes to commerce! Federal Government is in charge of: Interstate commerce International commerce State Government Intrastate commerce

Executive - President Legislative – Congress Judicial – Supreme Court All are given the right to create a system of checks and balances, so that one branch does not become too powerful

The Federal Constitution created Congress and State Constitutions created State Legislators Both are made up of elected representatives who, on behalf of their citizens, enact laws Statutes Power is also passed to local governments to enact laws Towns, Cities, and counties can create laws that are in effect only within the boundary of the local government that enacted them Statutes at the local level are called ordinances

All levels of government create Administrative Agencies to carry out particular laws Federal Social Security Administration State Motor Vehicle Administration County Zoning Commission Administrative Agencies are created by legislatures but controlled by the executive branch. President, governor, or mayor will oversee activities

Legislatures can give Administrative Agencies legislative powers and limited judicial power Legislative Power Ability to create administrative laws – rules and regulations Judicial Power Ability to hold hearings, make determinations of fact, and apply the law to particular cases

Case Law is created by the judicial branch of the government. Case law is usually made after a trial has ended and one party has appealed the decision to a higher court. When the appellate court puts out its opinion on a case that opinion may state new rules to be used in deciding the case and others like it. The effectiveness of case law comes from the doctrine of stare decisis – to adhere to decided cases This requires lower courts to follow established case law in deciding similar cases.

Sometimes laws created by different levels of government conflict or laws created at the same level but covering different topics conflict—how do you determine which law is valid and should be enforced? Constitutions The US Constitution is the “supreme law of the land” – any federal, state, or local law is not valid if it conflicts with the Federal Constitution State Constitutions act the same way for any state and local laws. If a law conflicts with the appropriate constitution it is considered unconstitutional.

Statutes and ordinances must be constitutional to be valid. Ordinances must not exceed the powers delegated to local governments by the states. Courts determine constitutionality (validity) of statutes and ordinances and make sure that they do not exceed the scope of power delegated. Example: Baltimore wants to take control of the murder rate and passes a city ordinance to make the death penalty mandatory for all murder cases.

Courts at the state and federal level can review administrative regulations to determine if they reflect the intent of the Administrative Agency and the power allotted to them.

Courts are not the final authority on statutes. A legislative body (Congress or the State Legislature) has the power to void a court’s interpretation of a statute or ordinance by simply getting rid of it or rewriting it. Administrative Agencies can also revise regulations when they are challenged. The people governed (through their elected officials) has the power to change a constitution if they disagree with how the courts have interpreted it.

Civil Law Criminal Law Procedural Law Substantive Law Business Law

Civil Law within the common law system refers to the group of laws that address wrongs against individual persons These laws apply when one person has a right to sue another person. The police do not get involved in civil conflicts. If a defendant loses a civil case they are “liable”—they must pay money to the plaintiff

A crime is an offense against society that disrupts the stable environment that we all depend on. When citizen’s right to live in peace is violated the government, acting in the name of the people, investigates all alleged wrongdoing. If a crime is committed and the responsible party can be found the government will prosecute. Punishments can range from fines to imprisonment and even death.

Procedural Law outlines the methods of enforcing legal rights and duties. How and when police make arrests How to conduct a trial Dictating when equitable remedies are available Stare Decisis Determining which law to follow when two conflict

Substantive Law outlines our legal rights and duties. Rules of conduct Civil Substantive Law Breach of Contract Negligence Police and Public Prosecutors do not get involved Criminal Substantive Law Murder Theft Vehicular Manslaughter Enforces the law when a person is charged with a crime

Business Law covers the rules that apply to business transactions Important to everyone because every transaction has a business and a consumer Mainly concerned with civil offences Torts are private wrongs against a person or organization (civil matter) Criminal wrongdoing by a company or it’s executives would still be covered and treated under Criminal Law

As long as state laws are constitutional they do not have to be the same from state to state. As businesses grow and perform more interstate transactions the need for similar laws between states becomes important. UCC – a set of model laws outlining sales, credit transactions, and business forms