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8/7/2019 Chapter 01 Our Laws
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1-1 Our Laws and Legal System
1-2 Types of Laws
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1-1
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Developed by Will and Ariel Durant - analyzed
nearly every civilization recorded in history
A central
Individuals take revenge for wrongs done to them
Personal revengeGang-related
shootings
This situation
often leads to oneindividual seizing
power and
exerting control
to bring peace to
the society
money or goodsare substituted
for revenge
Court systemsare formed
Elders or priests
preside over court
authority figure
intervenes to
prevent and
punish wrongs
Laws are issued topunish behaviors
that injure others
in certain ways
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Laws reflect wisdom (or lack thereof) oftheir creators
Laws should be predictable and flexible
Not predictable will
produce an unstable society
A legal system too rigid will
be overthrown
Best system one that
adapts to the current
standards of the people
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CommonCommonCommonCommonlawlawlawlaw
Positive lawPositive lawPositive lawPositive law
pronounced by judges who
use it to settle peoples
disputes
laws set down by a central
authority to prevent
disputes and wrongs from
occurring in the first place
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English Common LawEnglish Common LawEnglish Common LawEnglish Common Law
Before developed
feudal barons acted
as judges withintheir territories
Disputes settled on
the basis of local
customs andenforced
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1150, King Henry appointed judges
gave these judges the power to order that wrongdoers
pay with money or goods, the parties they injuredjurisdictionjurisdictionjurisdictionjurisdiction created the power to decide a case
The KingsThe KingsThe KingsThe Kings
CourtCourtCourtCourt
jury evolved a panel of citizens
JuryJuryJuryJury
uniform
its ability to adapt to changes in society
system of the law in the US is based on the English
Common law
AdvantagesAdvantagesAdvantagesAdvantages
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English courts carefully followed precedent
(used prior cases as a guide for deciding similarnew cases)
Disadvantages of following precedents
Rigid adherence to proper form
Courts of law were limited to granting
the remedy of money damages wait
until the harm actually occurred
before they could take action
No jury
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1-2
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Three levels of
government
Federal State Local
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Constitutions: a document that sets both the framework of a
government and its relationship to the people it governs
constitutional lawconstitutional lawconstitutional lawconstitutional law:
You are governed by
The Constitution of
the United StatesState Constitution
aw ma e w en
constitutions areadopted or amended,
or when courts
interpret constitutions
Defines and allocates
(distributes) powers
three ways
Supreme Court is t e
final interpreter forthe Federal
Constitution
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Allocation of Power BetweenPeople and Their Governments
Federal
Constitution Bill of Rights
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Allocation of Power Between Federal and
State Governments
FederalConstitution
power to regulate foreign andinterstate commerce
Interstate:between 2+ state
Intrastate: occurswithin 1 state
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Allocation of Power Among the Branches
of Government
Executive Legislative Judicial
System of checks
and balances: no
branch too
powerful
Courts conducttrials, not
Congress
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StatutesStatutesStatutesStatutes: laws enacted by legislatures
Federal State Federal and
constitutions
created the
Congress of
the US
constitutions
created the
state
legislature
state
legislatures are
composed of
representatives
OrdinanceOrdinanceOrdinanceOrdinance: legislation enacted at the local level, created by
A town City council County board Commission
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Administrative agenciesAdministrative agenciesAdministrative agenciesAdministrative agencies:
governmental bodies created byfederal, state, and local legislatures
to carry out particular laws.
Legislativepowers
Limitedjudicial
powers
Federal Social
Security
Administration
State DMVCountys
zoning
authorized to
create
administrativelaws
hearings, fact
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Judicial branch of governments creates case law
StareStareStareStare decisisdecisisdecisisdecisis: the legal doctrine that requires lower courts to follow established case law in deciding similarcases (to adhere to decided cases)
Requires lower courts to follow established
case law in deciding similar cases.Does not bind supreme courts
Case law carefully established and rarely
revoked
Case lawCase lawCase lawCase law: law made after a trial has ended and one of the parties has appealed the result to a higher court:
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Statutes and Validity
Statutes ordinance
must be constitutional
to be valid
Courts determine
constitutionality of
statutes and
ordinances
particular ordinances exceed the scope of
powers delegated
Gasoline for $1 Death Penalty
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Administrative Regulationsand Validity
Courts may invalidate a rule or regulation if
its outside the scope of powers delegated tothe agency by the legislature that created it
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Case Law and Validity
A legislative body has the
power to nullify a courts
interpretation of a statute
or ordinance by abolishing
or rewriting it
People have power to
amend constitutions if they
disagree with the courtsinterpretations
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Criminal v. Civil LawsCivil lawCivil lawCivil lawCivil law: the
group of laws that
redress wrongsagainst individual
persons
When one personhas a right to sue
another person
(tenant v. landlord)
CrimeCrimeCrimeCrime: an offense against society
It disrupts the
stable environmentthat we all depend
upon to make
civilization work
If crime is
committed and theperson responsible
can be found, the
government will
prosecute
Conviction can befine, imprisonment,
and execution
governing thecitizens right to
live in peace
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Procedural v. Substantive Laws
of enforcing legal rights and duties
How and when
police can make
arrests
Methods can beused in a trial
Stare decisis
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ntivelaw
ntivelaw
ntivelaw
ntivelawlaws defining rights andduties of conduct except
those involved in
enforcement
all rules of conduct rocedure
the process forenforcing the law when
someone is charged
with a crime
rocedure
when a civil law hasbeen violated, only
private offenses
Subs
t
Subs
t
Subs
t
Subs
t
except those involved in
enforcement
definite offenses
murder
theft
vehicular homicide
breach of contract
Negligence
criminal
civil
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Uniform Commercial Code(UCC) awidely adopted uniform business law
Governs
sales ofgoods
Aspects of
banking
Leases of
goods