2. How Legal Systems Are Organized? The Components of U.S. Law
Chapter Topics
What is Law?
How Legal Systems Are Organized?
The Components of U.S. Law
Interpreting the Law

3. Law pervades our lives
Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state.
Law regulates the public and private institutions that are a central part of our lives
Law is a word of many meanings— it is difficult to define

4. Law and Justice Definitions of law do not necessarily include justice
Justice is fairness in treatment by the law.
The term justice is used many ways:
justice is winning
justice is achieving desired results “good v. bad” results
justice is equated with normative values “right to privacy v. rights of the unborn”

6. Civil Law
also called Roman law, Romano-Germanic law, or continental law
is the oldest family of law
starts with a code—the compilation of laws
the code expresses rules of law as general principles
the code provides answers for all disputes

7. Civil Law
judges not lawyers dominate court hearings (e.g., call witnesses)
judges are career bureaucrats who have not been practicing lawyers
juries are not generally used—mixed tribunals of judges and lay citizens are used in serious criminal cases

8. Socialist Law originated in the former Soviet Union
partly based on the civil system (a code)
but is also revolutionary—law is to be used to create a radically different society
based on the philosophy of Karl Marx and Vladimir Lenin—the societal ownership of the major means of production is a guiding principle

9. Socialist Law
rejects law as the fundamental basis for society—law is the arbitrary work of an autocratic sovereign
the primary goal is the protection of the state—private property receives less protection
law has an educational role—it is an instrument of educating members about the new Socialist society

10. Islamic Law most legal systems of the world are secular—but not all
Islamic law is termed the shari’a
based on the Qur’an, which sets out principles revealed by God
and the Sunna which contains the practices and decisions of Muhammad
Islam and Islamic clerics influence the law

11. Common Law traces its roots to medieval England
after the Norman conquest (1066) the King’s courts began to apply the common customs of the entire realm rather than one village
common law came to be viewed as general law as opposed to special law—it was the law common to the entire land

12. Equity
the common law became technical and evolved into a hard and limited law
common law remedies were largely limited to monetary damages
the refusal of judges to adapt gave rise to equity law
equity meant fair dealing and equitable remedies were more flexible (e.g., injunctions)

13. English Heritage; American Adaptations
colonists brought principles of British common law to America
they brought procedures but did not always apply the substance
law was adapted to the frontier society
by the nineteenth century most states had merged their separate courts of law and equity
today the term common law refers to the case method

14. Key Characteristics of the Common Law
Judge-Made Law
Precedent
Uncodified Rules and Regulations

15. Judge-Made Law
until the late 19th century, there was no important body of statutory law in the U.S.
common-law courts developed rights in the area of property, torts, wills and contracts, and they defined such felonies as murder, manslaughter, arson, robbery, larceny and rape
common law’s most distinctive feature is the development of a system of law from judicial decisions

16. Precedent
court decision that serves as authority for deciding a similar question of law in a later case
also referred to as stare decisis “let the decision stand”
sometimes statements in a case are not interpreted as precedent—obiter dicta—(dictum or dicta) the part of the reasoning in a judicial opinion that is unnecessary to resolve the case—is not considered precedent

17. Precedent reliance on precedent is central to the common law approach
provides stability, coherence, and predictability
“Stare decisis is usually wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right.” Justice Louis Brandeis

18. Uncodified Rules and Regulations
there is no one place to look for a statement of “the law”
the law emerges through precedent found in court decisions
common-law judges and lawyers reason by analogy which allows leeway in formulating new legal rules or modifying old ones, because analogies are neither correct nor incorrect, only more or less persuasive

19. Uncodified Rules and Regulations
judges may distinguish a current case from previous ones
judges may find that a case differs from all previous cases or that a previous case was wrongly decided

20. The Adversary System
the common-law is adversarial, civil law is inquisitorial
the parties are responsible for calling witnesses and asking questions
a judge acts as a neutral decision maker presiding over a battle between the opposing parties
the best system for finding “the truth’?

21. The Adversary System Party Prosecution
it is the responsibility of the parties, not the judge or jury, to define the legal issues
encourages each party to present its best case
Neutral and Passive Decision Maker
the judge is a neutral arbitrator and expected to be passive
must be free from pressure--independent

23. Federalism
federalism divides power between the national and state state governments
federal law refers to the law of the national government—applies across the nation
state law applies to citizens within its territory—it is extensive and diverse (e.g., business and marriage law)
local law applies to a limited geographic or functional area—states grant local jurisdictions legal powers

24. Multiple Sources of Law
federal, state and local laws are found in multiple sources Constitutions
constitutions are the top rung
a constitution is the document that establishes the underlying principles and general laws of a nation or state
define the powers of branches of government
limit the powers of government (e.g., Bill of Rights)

25. Multiple Sources of Law
Constitutions
specify how government officials will be selected
federal and state constitutions vary (e.g., selection of judges)
Statutes
statutes are laws enacted by federal, state or local jurisdictions
until late 19th century statutes were secondary to court decisions
today legislatively enacted law is extensive and common

26. Multiple Sources of Law
Administrative Regulations
rules and regulations adopted by administrative agencies that have the force of law
e.g., IRS decisions, nursing home standards, zoning regulations
newest and fastest growing source of law
administrative law concerns the duties and proper running of an administrative agency

27. Judicial Decisions
appellate court decisions are an important source of law
legislatures pass law wholesale courts make it retail (Friedman 1984)
U.S. law today is primarily statutory and administrative—but some areas (e.g., tort law and court procedures) are dominated by judge-made law
case law is important in determining the meaning of other sources of law

28. Public and Private Law
Public law directly involves government (e.g., constitutional, criminal, administrative and international law)
Private law governs the relationships between private citizens
Tort law involves the legal wrong done to another person
not really private—it relies heavily on the actions of public agencies
e.g., divorce law—governs private relationships but involves court decisions

29. Civil and Criminal Law
a civil suit involves a dispute between private parties
a criminal suit involves a violation of a government’s penal laws
difference between who has been harmed (individual v. state)
types of remedies differ (compensation v. prison, fines or probation)

30. Civil and Criminal Law
there are different types of criminal violations
a felony is a more serious criminal offense that involves a possible prison sentence of one year or more
a misdemeanor is a less serious crime that usually involves a possible prison sentence of less than one year
criminal and civil law can sometimes overlap (e.g., a drunk driver who kills someone)

31. Substantive and Procedural Law
substantive law defines legal rights—the law defines the legal relationship between the citizen and the state, and among citizens themselves (e.g., contracts, property, torts, will criminal law)
procedural law establishes the methods of enforcing legal rights
governs the conduct of cases in court
protects against arbitrary government actions
the central idea is due process of law

32. Remedies
judgment – a court’s official decision about the rights and claims of each side in a lawsuit
remedy – the relief granted by the court, remedies include:
declaratory judgments – a judicial determination of the legal rights of the parties
restitution – the return of goods a party is entitled to

33. Remedies the most common remedy is monetary damages
Compensatory damages – payments for the actual harm suffered (e.g., medical bills, lost income, pain and suffering)
Punitive damages – monies awarded to a person who has been harmed in a particularly malicious or willful way (I.e., not related to the harm done and meant punish the responsible party)
under equity law litigants seek an injunction – a court order that requires a person to take and action or refrain from taking action

34. Doctrines of Access
used to control the flow of cases into the judiciary
the court must have jurisdiction – the power of a court to hear a case in question
controversy must be a real dispute—not hypothetical
plaintiff must have standing to sue
are judicially created and can be changed or waived for a particular case—especially in policy lawsuits

35. Interpreting the Law
citizens typically misunderstand the how judges and lawyers interpret and apply the law
the law is not a series of precisely written and readily located rules that cover situations
lawyers and judges must make sense out of the words found in constitutions, statutes, administrative regulations, and previous court decisions
some areas of law are relatively settled and others are not—creating discretionary choices

36. Interpreting the Law
discretionary choices lead to interpretation—judges and lawyers must make choices
meaning of the words – legislatures and judges use vague language that leaves considerable room for interpretation
conflicting laws – it is not uncommon to find one law conflicting with another (e.g., allowing free exercise of religion may appear to be the establishment of that religion by the state)
gaps in the law – despite all of our law, situations do arise that are not contemplated, the discretionary choices courts make about these matters are important

37. Conclusion U.S. law is complex, fragmented and voluminous
Our common-law traditions are unique and differ considerably from civil-law traditions
Our legal system is adversarial
Juries play a more important role than in most legal systems
The Supreme Court decides some of the most pressing social and political issues of the day