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CHAPTER 1

CHAPTER 1. Introduction to Law. Law is powerful. Affects all people, from CEO’s to children Affects most of life, from work to leisure. Law is important. Virtually all known civilizations throughout history have had some kind of law.

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CHAPTER 1

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  1. CHAPTER1 Introduction to Law

  2. Law is powerful • Affects all people, from CEO’s to children • Affects most of life, from work to leisure Law is important • Virtually all known civilizations throughout history have had some kind of law. • But which is more important -- written law or the people who enforce it? Law is fascinating • Complex, but never just theoretical • Televised trials often draw a large audience

  3. Origins of Our Law -- Many Sources • Inherited much from British law. • Founding Fathers created a multi-level government which guaranteed citizens’ rights. • Accumulation of precedent in legal cases makes up the common law. • Statutes are passed by legislative body. • Substantive rules state parties’ rights. • Procedural rules determine how courts should settle disputes.

  4. Sources of Our Law Today • United States Constitution -- Law of the Land • Establishes Congress, the Presidency and Courts • Gives to states powers not given to Federal gov’t • Guarantees basic rights to all citizens • State Constitutions • Create state executive, legislative & judicial systems • Statutes – laws passed by federal & state governments

  5. Sources of Our Law Today (cont’d) • Common Law -- established by precedent, or earlier cases decided by courts • Equity – courts may issue rulings such as injunctions to provide an equitable remedy • Administrative Law -- created by agencies • Other – treaties and executive orders

  6. Classifications of Law Criminal Law Civil Law vs. • Dangerous behavior outlawed by society • Government prosecutes accused • Guilt is determined • Punishment or fine is imposed • Regulates rights and duties of parties • Victim, not govern-ment brings suit • Guilt not determined • Compensation is ordered

  7. Classifications of Law (cont’d) Substantive Law Procedural Law vs. • Defines the rights of the people • Establishes processes for settling disputes Public Law Private Law vs. • Sets the duties of government to its citizens • Regulates duties between individuals

  8. Law and Morality Actions may be legal, but immoral to some people. Owning slaves in Colonial America was legal, but this violates most people’s moral standards today. Actions may be required by both moral standards and the law. Drunk driving is both immoral and illegal. LAW Actions may be moral, but not required by law. Helping a hurt person is required by moral standards, but is not mandated by the law. MORALITY

  9. Jurisprudence, or “What is Law?” Legal Positivism “Law is what the sovereign says it is.” Decisions stand, regardless of morality. “An unjust law is no law at all and need not be obeyed.” Natural Law Laws must have a good moral basis. “Enforcement of the law is more important than the law itself.” Legal Realism Enforcers determine if the law is applied in a fair and consistent way.

  10. PLAINTIFF: the party who is suing DEFENDANT: the party being sued FACTS: background information on the case LEGAL CITATION: where to find the case in a law library ISSUE: the question being decided Where and when the case was decided. EXERPTS: the decision -- also called the holding -- and the court’s rationale Case Analysis QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST 65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677 California Court of Appeal, 1998 Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an “error of the mind” and discourages the use of traditional medicine. Members of the faith… Issue: Did the defendants have a duty to summon medical help for Andrew? Excerpts from Judge Bedsworth’s Decision: [The judge began by mentioning an earlier California case, in which the state’s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control...

  11. “We depend upon the law to give us a stable nation and economy, a fair society, a safe place to live and work. …But while law is a vital tool for crafting the society we want, there are no easy answers about how to create it. ...Legal rules control us, yet wecreatethem.”

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