1. What is the Law? Origins? Rationale behind?
Why do we obey the law? (do we?)
Is the law Moral?
What types of laws are there?
How do you feel about the law?
Pember: Law is a set of rules that attempt to guide human conduct ad a set of formal, governmental sanctions that are applied when those laws are violated.

2. Ecclesiastical Law Earliest recorded law
Authority derived from appeal to deity
Early laws dealt with:
Trade
Marriage
Morality
Education
True of Eastern and Western Religion

3. Common Law British Common Law, as early as 11th century Discovered Law
When judges couldn’t ‘discover’…?
Very Pragmatic – good for the colonies
Sate Decisis –
Key Point: Establishment of Precedent
Talk about the practice – taking over law firm
Discovered Law – discover the solution
*What is the problem with common law? Not always just. Can be outdated?

4. Precedent Looking to the past to decide cases
Advantages? Disadvantages?
Can it evolve?
American Tradition and precedent
Legal
Personal
Justice
No, it only binds those under the courts Jurisdiction

5. Precedent Played Out Court Options: Is precedent always binding?
Accept the precident, modify it, distinguish it, overrule it
Is precedent always binding?
Hunch Theory
Where can you find the law?
Roger v. Texas, 345 U.S. 45 (2003)

6. The Law of Equity Blurry in today’s court
14th & 15th century (earlier in Church)
Judicial Decree
Advantages? Disadvantages?
Restraining Orders & Preventative Laws
Pentagon Papers / DeCSS
Discretionary Decision by a judge

7. Statutory Law Created by legislative bodies Differences?
Affects problems affecting society
Anticipates Problems
Criminal Laws are statutes
Collected in codes & law books
Statutory Construction
Legislative Intent – loose v. strict construction
Statutory construction - Courts deciding what the law means

8. Constitution The Law of The Land Silly British – No Constitution
Wait… why is that silly, what does it do?
People can change the law
Called by 2/3 approved by 3/4 states
Constitutions are short and vague
When is a law unconstitutional?
Vague
Overbroad

9. Administrative Rules Executive Orders
Clinton and the parks, Bush and Iraq
More common: Administrative Agencies
FCC
FAA
Appeal directly to the agency – usually a board
Courts can review decisions
Unconstitutional
Exceeds authority
Violates its own rules
No evidence to support the ruling

10. Judicial system 52 Judicial systems (all established by constitutions)
50 courts, 1 Federal, 1 D.C. (busy busy)
Each system has two sets of courts
Trial & appellate
Legislative makes the law, executive enforces it, judicial interprets
Trial courts v. appellate courts
Juries (fact finders)

11. Facts & the Law Facts consist of evidence and testimony
Juries decide which evidence to believe
Appellate courts ensure the law was applied properly to the facts… no new facts
Appellate courts can send cases to retrial

12. Federal Court System All Federal Judges appointed by the pres.
Supreme courts is the oldest, 1789
Original and appellate jurisdiction
Primary task is appellate
Appellate power comes from congress
Direct Appeal (90% rejected) vs Writ.
Arguments are short min. + friends of the court

13. Supreme court opinions
Court’s Opinion
Concurring Opinion
Dissenting Opinion
Per Curiam (unsigned) opinion
Memorandum order (no opinion given)

14. District Courts Each state has at least one Federal trials start here
Circuit Courts (Utah is in the 10th)
Hears only appeals

15. State Court System Varies greatly by state
Has trial & appellate system
Limited Jurisdiction
County Courts
General Jurisdiction
One or more levels of appellate courts
State Supreme Courts are THE final word
All courts have the power of Judicial Review

16. Civil Lawsuits Plaintiff v. Defendant Civil v. Criminal Suit
Complaint = pleading
Demurrer / dismiss – even if the charges are true, no law has been broken
Juries get judicial instruction
Damages

17. Criminal Lawsuits Criminal Action = Criminal Prosecution
Indicted by a grand jury vs information
Arraignment is where pleas are entered
Trail is similar