INTRODUCTION TO THE LEGAL SYSTEM Chapter 1

BASIC DEVELOPMENT OF LEGAL SYSTEMS IN THE WESTERN WORLD Common Law System Civil Law System

COMMON LAW CONCEPTS Stare decisis Equity Case of first impression Precedent Equity No adequate remedy at law

MORE RECENT SOURCES OF LAW Constitutions – Federal & state U.S. Constitution is the Supreme Law of the Land Codified law: Statutes & ordinances Law from legislatures Federal statute: Congress Statutes United States Code (U.S.C.) Case law or judicial law Not just the Common Law Interpretations of statutes & constitutions Agencies – Federal and state Executive orders – President & governors

Classifications of Law Substantive versus Procedural Law Substantive law sets out right and duties governing people as they act in society Procedural law establishes the rules under which the substantive rules of law are enforced Criminal versus Civil Law Criminal law defines breaches of duty to society at large Civil law establishes private duties owed by one person to another

CRIMINAL V. CIVIL Source of law Remedies Caption of case Burden of proof

CIVIL LAW INCLUDES Contract law (K) Property law – real & personal Laws affecting persons Ex.s: family law, corporate law, partnership law, agency Torts Wrong or injury Civil action or remedy Not a breach of contract action