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Chapter 1 Introduction to the Law

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Introduction Laws Affect us Everyday Laws Affect us Everyday Stay in school Stay in school Driver license Driver license Curfew Curfew Minimum Wage Minimum Wage Rent Video / Go to movie theatre Rent Video / Go to movie theatre

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Law - Defined Enforceable rules that govern how individuals deal with each other and interact with society as a whole. Enforceable rules that govern how individuals deal with each other and interact with society as a whole. Must be enforceable to have meaning Must be enforceable to have meaning Police, Court system, lawyers Police, Court system, lawyers

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Stages in the Growth of Law Consider a day care Consider a day care Or the Sopranos Or the Sopranos

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Where did Law come from? Two Great Systems Two Great Systems English Common and Roman Civil English Common and Roman Civil English Legal System English Legal System Brought with colonists Brought with colonists Known as COMMON LAW Known as COMMON LAW One state has a different heritage One state has a different heritage ??? ???

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Common Law Based on standards and customs Based on standards and customs Judge made Judge made Common everywhere in country Common everywhere in country Previously different regions had own customs Previously different regions had own customs Examples Examples Loud music, barking dogs, etc. Loud music, barking dogs, etc. Judges look up rules to see if previous decisions have been made Judges look up rules to see if previous decisions have been made

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Common Law vs. Positive Law Positive Law Positive Law Set down by a sovereign (central authority) Set down by a sovereign (central authority) Common Law Common Law Kings Bench - Jurisdiction Kings Bench - Jurisdiction Jury (the people know their customs) Jury (the people know their customs) Example: Gwen vs. William Example: Gwen vs. William Advantages? Advantages?

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Courts of Equity Addresses a major problem w/ Courts of Law Addresses a major problem w/ Courts of Law Do not have to suffer damages Do not have to suffer damages Injunction Injunction US courts have merged the two US courts have merged the two

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Courts of Law vs. Courts of Equity Provides monetary damages when that will repair wrong created by defendant Provides monetary damages when that will repair wrong created by defendant Everything not covered in C.O.E. Everything not covered in C.O.E. Jury Jury Provides fairness & justice when money will not fix problem Family Law Probate Trusts Specific performance No Jury Legal Focus Page 16

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Other Sources Constitution (Constitutional Law) Constitution (Constitutional Law) Written document that spells out powers and limits of government. Written document that spells out powers and limits of government. 51 50 state and 1 federal 51 50 state and 1 federal What happens when federal and state constitutions conflict? What happens when federal and state constitutions conflict?

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Other Sources Statute Statute Law originated by Congress or State Legislative body signed by governor or president Law originated by Congress or State Legislative body signed by governor or president Ordinances Ordinances Administrative Law Administrative Law Regulations, Rules, Orders and decisions of agencies. Regulations, Rules, Orders and decisions of agencies. Ex: Pollution Control Leaf Burning, FDA Regs. Ex: Pollution Control Leaf Burning, FDA Regs. Whats your verdict pg 12 Whats your verdict pg 12

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Continuity and Common Law Continuity is valued in our legal heritage Continuity is valued in our legal heritage Precedents Precedents Establishes Case Law Establishes Case Law Prior cases with same facts and figures Prior cases with same facts and figures Stare Decisis Let it Stand Stare Decisis Let it Stand Important Because: Important Because: Dont Start from scratch Dont Start from scratch Biases have less chance to interfere Biases have less chance to interfere Makes system more efficient Makes system more efficient More stability More stability

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Precedents Why Overturn? Why Overturn? Reasoning No Longer Valid Reasoning No Longer Valid Publicity Publicity School Prayer School Prayer Women in certain occupations Women in certain occupations Segregation Segregation Speed Limit Restrictions Speed Limit Restrictions Legal Issue Page 7 Desegregation Legal Issue Page 7 DesegregationDesegregation

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Adversary System of Justice Each person takes opposing sides of argument to legal actions and are opponents Each person takes opposing sides of argument to legal actions and are opponents Each side responsible for bringing facts and laws relating to the case to court. Each side responsible for bringing facts and laws relating to the case to court. Pros / Cons? Pros / Cons?

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Adversary System of Justice Plaintiff Plaintiff Person who sues Person who sues Murder or theft State is Plaintiff Murder or theft State is Plaintiff Defendant Defendant Person against whom action is brought Person against whom action is brought

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Adversary System of Justice Judge Judge Referee makes sure rules and procedures are followed Referee makes sure rules and procedures are followed Jury Jury Group of persons chosen to decide outcome rule on questions of fact Group of persons chosen to decide outcome rule on questions of fact Debate Debate How does money impact this system? How does money impact this system?

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Inquisitorial System of Justice Judge takes more active role Judge takes more active role Makes inquiries of Plaintiff & Defendant Makes inquiries of Plaintiff & Defendant Investigates, questions witnesses, and seeks evidence. Investigates, questions witnesses, and seeks evidence. Used in Germany, Argentina, France, etc. Used in Germany, Argentina, France, etc.

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Types of Laws Criminal vs. Civil Criminal vs. Civil State vs. Federal State vs. Federal Procedural vs. Substantive Procedural vs. Substantive Courts of Law vs. Courts of Equity Courts of Law vs. Courts of Equity

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Criminal vs. Civil Wrongs Against Society Wrongs Against Society Govt is plaintiff Govt is plaintiff Represents public Represents public Fines / Imprisonment Fines / Imprisonment Deals with private Rights and Duties that exist between parties Injured party is plaintiff Damages / Specific Performance Whats your verdict pg. 13

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State vs. Federal State Constitution State Constitution Laws passed by state legislature Laws passed by state legislature Regulations created by state agencies Regulations created by state agencies DMV DMV U.S. Constitution Laws passed by Congress Treaties, Presidential orders Regulations created by federal agencies EPA, FDA Federal Law Trumps State Law

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The Uniform Commercial Code - UCC A uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practice. A uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practice. Is this good? Why? Is this good? Why? Makes doing business easier Makes doing business easier Uniformity Uniformity

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Procedural vs. Substantive Form Form Legal Rules for processing civil & criminal cases through the court system Legal Rules for processing civil & criminal cases through the court system Statute of Limitations Statute of Limitations Laws that enforce rights and duties Laws that enforce rights and duties Substance Laws that define duties, establish rights and prohibit wrongs Murder is illegal

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Quick Review How was common law developed? How was common law developed? Are judges required to follow the doctrine of stare decisis? Are judges required to follow the doctrine of stare decisis? Who is considered to be the plaintiff in criminal law cases? Who participates in the legal proceedings to represent the state? Who is considered to be the plaintiff in criminal law cases? Who participates in the legal proceedings to represent the state? Explain: The supreme law of the land is the U.S. Constitution Explain: The supreme law of the land is the U.S. Constitution What type of law guides a case through the system? What type of law guides a case through the system?

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Ethics Rule Based Rule Based In This Case pg 16 In This Case pg 16 Consequence Based WYV pg 16 Civil Disobedience

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Court Decisions Appeals Process Appeals Process Who can appeal? Who can appeal? Case title Case title Plaintiff is listed first Plaintiff is listed first Appeals may reverse order Appeals may reverse order Opinions Opinions Unanimous, Majority, Concurring, Dissenting Unanimous, Majority, Concurring, Dissenting

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Stambovsky vs. Ackley What was the result of the suit? What was the result of the suit? Did the court assert that the house was truly haunted? Did the court assert that the house was truly haunted? Why did the court reverse the trial courts decision? Why did the court reverse the trial courts decision? Was the decision fair? Why or Why not? Was the decision fair? Why or Why not?

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End of Chapter Quiz Quiz