2. OUR LAWS Chapter 1

3. Evolution of Law Take revenge for wrongs Take revenge for wrongs Award money or goods instead of revenge Award money or goods instead of revenge Court systems are formed Court systems are formed Laws established to prevent and punish wrongs. Laws established to prevent and punish wrongs.

4. Bonita and Tomas were arguing. Bonita believed that the legal system in the US was designed primarily to provide justice. Tomas maintained that the system was devoted to providing impartial courts in which wrongs between parties could be heard and resolved without resort to personal revenge. Who do you think is correct? GOAL: Provide a peaceful alternative to revenge Why is “justice” not the goal?

5. “…laws should be both predictable and flexible.” Law based on the current standards or customs of the people Law based on the current standards or customs of the people Case-based system Case-based system Characterized by evolutionary growth and change; working within the constraints of the Constitution Characterized by evolutionary growth and change; working within the constraints of the Constitution Law dictated from above

6. Common Law Common Law v. Civil Code Civil Code Common Law Civil Code Rely on precedent (courts use prior cases as a guide for deciding similar new cases) Rely on precedent (courts use prior cases as a guide for deciding similar new cases) Jury system characteristic Jury system characteristic Criminal law is accusatorial Criminal law is accusatorial Courts are generally required to exclude significant evidence Courts are generally required to exclude significant evidence Rely on judicial decision- making and proposed law (driven by judges and legislatures. Rely on judicial decision- making and proposed law (driven by judges and legislatures. Jury system not characterisitc Jury system not characterisitc Criminal law more inquisitional Criminal law more inquisitional Evidence normally excluded in a common law court would be included in a civil law court Evidence normally excluded in a common law court would be included in a civil law court

7. Advantages to Common Law Judicial process repeated over and over Judicial process repeated over and over Custom-based common law developed

8. Had to wait for harm to actually occur Had to wait for harm to actually occur “dead hand of the past rules the present to the public detriment” “dead hand of the past rules the present to the public detriment” “precedent breaking down under the stress of …social reform efforts to make society more (equal) and more strictly subject to majority rule” “precedent breaking down under the stress of …social reform efforts to make society more (equal) and more strictly subject to majority rule”precedent Disadvantages to precedent in Common Law

9. Precedent Courts use prior cases as a guide for deciding similar new cases. Courts use prior cases as a guide for deciding similar new cases.

10. EQUITY: an alternative to common law PROBLEM with Common Law … courts limited to granting the remedy of money damages = wait until harm occurs Couldn’ t Chancellor (clergyman) – equity court No jury OPTIONS: Injunction – prohibit Decree – to compel to do something Writs - command * Could not stop harm if you were not a noble

11. Sources of Law Constitution Constitution Statutes Statutes Case Law Case Law Administrative Agencies Administrative Agencies

12. Constitution Framework of government/”supreme law of land” (see p10 WYV) How do we change the Constitution? Framework of government/”supreme law of land” (see p10 WYV) How do we change the Constitution? Allocates Powers Allocates Powers People and Government People and Government Federal and State Governments Federal and State Governments Among branches of government Among branches of government Defines relationship to people Defines relationship to people

13. Statutes Enacted by federal (Congress) and state legislators Enacted by federal (Congress) and state legislators Legislative (branch) enacted laws Legislative (branch) enacted laws Locally enacted laws = ordinance Locally enacted laws = ordinance

14. Case Law Created through the judicial branch Created through the judicial branch Three ways it is established: Three ways it is established: Common Law tradition (created through appeal by judges opinions/precedent) Common Law tradition (created through appeal by judges opinions/precedent) Interpreting statutes Interpreting statutes Judicial review (to review laws/statutes to determine whether or not they conform to the Constitution) (see Marbury v. Madisonvideo) Judicial review (to review laws/statutes to determine whether or not they conform to the Constitution) (see Marbury v. Madisonvideo) Based on “stare decisis”: Based on “stare decisis”: “to adhere to decided cases” “to adhere to decided cases” “let the decision stand” “let the decision stand” Lower courts must follow in similar cases Lower courts must follow in similar cases Does not bind Supreme Courts (see P10 In This Case) Does not bind Supreme Courts (see P10 In This Case)

15. Administrative Agencies Controlled by the executive branch Controlled by the executive branch Created to carry out laws that deal with extensive knowledge and detail Created to carry out laws that deal with extensive knowledge and detail Examples: Examples: Social Security Social Security IRS IRS Department of Motor Vehicles Department of Motor Vehicles Zoning Commission Zoning Commission