Lesson 1- Introduction to our legal system Laws and legal systems Lesson 1- Introduction to our legal system

What you will learn…. What is the difference between common law and positive law What are laws and when do they become codes How are ethics a part of the legal system Business laws vs. non business laws

Terms to know Code: Laws organized into some group/form Jurisdiction: The power to decide a case Equity: Basic fairness Statutes: Laws passed by elected officials Stare Decisis: A Latin term meaning to adhere to decided cases Crime: Any offense against society (not a person) Civil Act: Also known as a tort. Any offense against a person or business Precedent: A legal idea where established case law must be followed by later legal cases deciding a similar issue

What are laws? Laws are defined as “Enforceable rules of conduct in a society” that reflect the culture and circumstances that create them In the US, since you are free, laws are set to determine what you cannot do in most cases When laws are grouped together they are called codes Ex) Criminal Codes, Civil Codes, etc.

Common law Common law is the basis of the legal system of the United States in every state except Louisiana Common Law is a system of law that originated from England Disputes overheard by peers (Common Man) rather than kings/queens/clergy

Common law Common law is formed by judges to settle peoples disputes, through the interpretation of written laws by elected officials Written laws are called statutes (Law enacted by elected officials) If a statute is local, its called an ordinance Therefore once a law is written, the courts job is to “interpret” the law and determine how it will be used or followed

positive law Positive law was created by Kings, Queens or religious law Used by feudal leaders, no say by people Guilty until proven innocent Leaders know better than common man No faith or trust in free man No rights by common man

2 great systems of law in world English Common Law Roman Civil Law Based on creation of law through elected officials then interpretation in courts Juries decide most cases (Common Man) Laws interpreted in courts Flexible Laws can be edited or changed in courts Adopted, well written, well organized comprehensive statutes (Laws) Originated in Roman Empire Disputes are heard by a panel of justices, rather than jury Outcome in the fate of a trained legal mind, rather than the common man Set laws and set punishments

What is the most practiced form of law used In the world today? Strangely, its roman civil law

Why do YOU think roman civil law is the most practiced form of law? Many societies do not trust a free person’s ability to think Common man does not have the legal training needed to make decisions Juries are difficult to convince You are guilty and must prove innocence

What laws rule this country Common Law UCC Law Non-business issues Contracts created between non-business people (Garage sales, Craigslist sales, Ebay, home sales or other non-business sales) Common Law Courts Criminal Issues within your jurisdiction (Where you live) Business Issues Contracts between individuals and businesses (Buying a car, shopping at a store, online purchases with businesses) UCC laws are also known as regulations

What is ethics and how is it a part of our legal system? Ethics is the practice of deciding what is right and wrong in a reasoned impartial manner Part of the system of creating laws as well as interpreting laws Judges apply ethics as well as juries Attorneys argue ethics

As a group at your desk, discuss… “If Ethical decision making is about right and wrong and clearly we all have different ethical beliefs, how would a judge or jury use ethics in deciding a case or interpreting the law?”

Do ethics play a part in creating laws? Yes! Elected officials debate on what laws to pass to determine what freedoms can be limited and how it effects our society (Locally, statewide or nationally) Debate over government involvement vs. private rights Society debates what is for the greater good for all Courts interpret laws that are passed and could determine if they are in fact Constitutional

What does this mean? Laws set boundaries for what a person can or cannot do Laws protect property rights (Foundation of this country) Laws protect personal rights (Choices) Laws create rights (Right to vote, right to faith, etc..) Laws give everyone the right to opportunity (Life, liberty and the pursuit of happiness) Laws protect freedom

Final Questions? Practice quiz