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

2. 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

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. 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

13. 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?”

14. 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

15. 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

16. Final Questions?
Practice quiz