Introduction to Law

True human goodness, in all its purity and freedom, can come to the fore only when

its recipient has no power. Milan Kundera, Czech author

What is good? All that heightens the feeling of power, the will to power,

power itself in man. Freidrich Nietzsche, German

Philosopher

Power◦ Strong reach of the law touches nearly everything

we do◦ Everyone will influence and be affected by the law

Importance◦ Every society with a historical record has had

some system of laws◦ Many societies contributed ideas

Solved the problem of federalism

Fascination◦ Television - Offers at least one new courtroom

drama to a national audience

English roots◦ Land - Most valuable commodity◦ Statute of frauds◦ Landlord-tenant law◦ Precedent: Tendency to decide current cases

based on previous rulings◦ Common law: Judge-made law

Law in the United States◦ Some laws were irrelevant in a world that was

socially and geographically so different◦ Changing conditions raised new legal questions

United States Constitution - Supreme law of the land◦ Establishes the national government of the United

States – Legislative, executive, judicial power◦ Creates a system of checks and balances among

the branches◦ Guarantees many basic rights to the American

people

Statute: Law created by a legislative body◦ Bill - Idea for a new law

Common law ◦ The principle that precedent is binding on later

cases is called stare decisis - “let the decision stand”

Court orders◦ Judges have the authority to issue court orders ◦ Place binding obligations on specific people or

companies Administrative law

◦ Day-today work Treaties

◦ Constitution authorizes the president to make treaties with foreign nations

Criminal and civil Law◦ Criminal law: Prohibits certain behavior◦ Civil law: Regulates the rights and duties

between parties Law and morality

Philosophy of law Legal positivism – Law is what the sovereign

says it is◦ Sovereign: Recognized political power whom

citizens obey◦ No room for questions of morality

Natural law◦ Unjust law is no law at all

Legal realism◦ Who enforces the law counts more than what is in

writing

Kuehn v. Pub Zone◦ Karl Kuehn – Plaintiff

Plaintiff: The party who is suing◦ Pub Zone – Defendant

Defendant: The party being sued◦ Issue – Question being decided

Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?

◦ Excerpts - Called the holding, meaning a statement of who wins and who loses