CHAPTER 1Our Laws & Legal System

1-1 Law, Justice, and You

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Goals • Explain the stages in the evolution of law

• Describe the differences between common law and positive law

• Describe the difference between law courts and equity courts

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What is Law?• The enforceable _______ of conduct in a society that

reflect the ______ and ____________ that create them

Stages in the Growth of Law

1. Individuals take ________ for wrong done to them

2. Awards of money or goods are __________ for revenge

3. ________ systems are formed 4. A _________ authority figure intervenes to

prevent and punish wrongs

4 stages that _________ go through in forming their legal systems:

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Common Law v. Positive Law

• Common Law• Law based on _______ standards or _________ of the

people

• Positive Law• Law based on the _________ of a central political authority

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Fact

• Courts could use an ___________ to limit the number of picketers

• Strikers who violate the injunction can be held in ___________ of court and may go to _______

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Early System of English Common Law

• Feudal barons acted as judges within their territories• Disputes were _______ on the basis of local customs and

_________ by the baron’s power (inconsistent from region to region)

• ___________ made it difficult for a central government to maintain control

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The Origin of Our Legal System

• English common law came into being as a result of _______-based laws being repeated over and over

• This differs from a traditional system of common law because of its uniformity and ability to adapt to changes in society (English common law system is used as a model because of this)

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Precedent

• Courts use _______ cases as a guide for deciding similar new cases• Why do you think ___________ is important?

• It provides ___________ in the law

• What are the disadvantages of precedent? • Rigid adherence to the proper form; courts can take action only

________ harm occurs

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Equity

• Basic fairness • Why is equity missing from the early system of English

common law? • Equity was only available to persons who could _________ the

king for help. Eventually a system of equity courts became available to all English citizens

• How is Equity administered in the United States? • In all states but Arkansas, Delaware, Mississippi, and

Tennessee, equity is administered through the _______ system

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Types of LawsBusiness LawUNIT 1-2

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UNIT 1-2 Goals

• Explain how constitutional, statutory, case, and administrative laws are created

• Explain how to resolve conflicts between constitutional, statutory, case, and administrative laws

• Describe the differences between criminal and civil, substantive and procedural, and business and other forms of law

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What Are the Sources of Our Laws?

• Laws in the United States are created at all three levels of government- _______, _______, and ______

• Laws at each level consist of the following laws: • Constitutions

• Statues

• Administrative Regulations

• ________

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Constitutional Law

• Law made when constitutions are adopted or amended, or when courts interpret constitutions. • We are governed by both the ______________ and the

constitution of our ________• Federal and state constitutions are concerned with

defining and allocating certain ________ in our society• The Supreme Court of the U.S. is the ______ authority

on federal constitution and each state supreme court has the final say over its state constitution

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Constitutions

• Allocation of Power Between People and Government• A Constitution is the _______ instrument for

allocating powers between people and their governments

• A Constitution is the document that sets the framework of a Government & govern its people

• _______ __ _______- first 10 amendments of constitution, which protects people from actions of their government

• Protects __________ rights- freedom of religion, freedom of speech, and the right to remain silent if accused of a crime

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Constitutions (cont.)

• Allocations of Power Between Federal and State Governments• __________ allocates powers between the federal and

state governments• Federal government regulates both foreign and

_________ commerce (commerce between 2 or more states)

• State government regulates ___________ commerce (occurs within 1 state)

• States ____ have different laws as long as they are constitutionally valid

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Constitutions (cont.)

• Allocation of Power Among the Branches of Government • State and federal constitutions allocate governmental

powers among the 3 branches of government: __________, ____________, and ________ (court system)

• Creates a system of checks and ________• No branch of government can become ____ powerful

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Statutes

• Laws enacted by Congress (federal legislators) and state legislators who are _______ representatives of the people• Ex. The law requiring cigarette warnings is enacted by the

U.S. Congress• States ________ some legislative authority to local

governments (towns, cities, and counties)• Laws are only effective within the boundaries of that local

government• Legislation at the local level is usually called an ________

• What federal, state, and local laws can you think of? • Laws made by a town, city or county are often called

Ordinances

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Administrative Regulations

• Administrative agencies are government bodies created by federal, state, and local __________ to carry out particular laws• Federal _____________ Security Administration

• State division of motor vehicles (DMV)

• County zoning commission

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Administrative Regulations (cont.)

• Administrative agencies are usually controlled by the _____________ branch of government (President, governor, or mayor)

• Legislators sometimes give agencies limited legislative and judicial powers allowing them to create administrative _______ and __________ • Ex. Social Security Administration has the power to

determine who meets the requirements to receive payments

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Cases

• The judicial branch of governments creates _____ law, which is made after a trial has ended and one of the parties has appealed the result to a higher court

• _________ are based on legal rulings made by the lower court in deciding the case

• When the __________ court publishes its opinion on a case, that opinion may state new rules to be used in deciding the case and others like it.

• Federal and state courts establish case law

• The effectiveness of case law arises out of the doctrine of ______ _______ - which requires lower courts to follow established case law in deciding similar cases, but does not bind supreme courts

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What Happens When Laws Conflict?

• What’s Your Verdict? (pg. 10)• Could the people do anything to change the effect of

the Supreme Court decision?

• What can people do to change a decision made by the Supreme Court? • Elected representatives can push to amend constitutions

• What are some examples of how people have amended state and the U.S. Constitution? (pg.612)

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What Happens When Laws Conflict? (cont.)

• What happens when laws created by different levels of government _____________?• the legal rules for determining _________ establish which

law is valid and should be enforced

• State Laws take precedence over Local Laws

• Federal Laws take precedence over State Laws

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Constitutions and Validity

• _________________ are the highest source of law, therefore the federal Constitution is the supreme law

• If any federal, state, or local laws are not valid if they __________ with the federal Constitution

• When a law is invalid because it conflicts with a constitution, it is _______________

• The appropriate supreme court determines whether a law is unconstitutional

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Statues and Validity

• Statues and ordinances must be constitutional to be ___________

• Ordinances cannot _______ the powers that are delegated to local governments by the states

• Courts determine the ______________ of statues and ordinances • Ex. City enacted a law that it is illegal to sell gas for

more than $1, or that if you commit murder within city limits will get the death penalty

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Administrative Regulations and Validity

• _______ also determine if administrative regulations are constitutional

• Courts may invalidate a rule or regulation if it’s outside the scope of powers _________ to the agency by the legislature that created it

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Case Law and Validity

• Legislative bodies, not courts, have the _______ authority on the effects of statues and ordinances

• Legislative bodies have the power to ________ a court’s interpretation of a statue or ordinance by abolishing or __________ it • People who ______ have the power, through their

votes for representatives, to amend constitutions if they disagree with the court’s interpretations

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What Are the Main Types of Law?

• Laws are classified in various ways including:

• civil laws, criminal laws, procedural laws, substantive laws, and business law

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Criminal v. Civil Laws

• Civil law- the group of laws that remedy wrongs against __________ persons

• Civil law applies whenever one person has a right to ________ another person

• Ex. A person fails to pay rent, the landlord has the right to sue the tenant

• The police DO NOT take action in civil conflicts

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Criminal v. Civil Laws

• A ______ is an offense against society, disrupting the stable environment we depend on to make civilization work

• Criminal law - a group of laws that defines & sets punishments of offenses against ________

• If a crime is committed and the person who committed the crime can be found, they will be _____________

• Convictions can result in a fine, imprisonment, execution (in certain states)

• Police DO take action in criminal cases• The Prosecutor of a crime is usually the lawyer

representing the “_______” (city, county or state)

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Procedural v. Substantive Laws

• Procedural law- laws that deal with methods of enforcing legal ______ and _______• Laws that specify how and when police can make arrests

and what methods can be used in a trial are procedural laws• Stare decisis, rules for determining supremacy of conflicting

laws

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Procedural v. Substantive Laws

• Substantive laws- laws defining rights and duties of conduct except those involved in enforcement • Define offenses such as murder, theft, vehicular

homicide, breach of contract, and negligence

• Two types: • Civil Procedure: used when a _____ law has been

violated (concerned only with private offenses) • Criminal Procedure: used when someone is charged

with a ______

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Business Law

• Business Law- laws that apply to business situations and transactions

• Largely concerned with civil law:• Contracts

• Torts- private wrongs against people or organizations

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