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• What are the four primary sources of What are the four primary sources of law in the United States?law in the United States?• What is the common law tradition?What is the common law tradition?• What is a precedent? When might a What is a precedent? When might a
court depart from precedent? court depart from precedent?
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2
• What is the difference between What is the difference between remedies at law and remedies in remedies at law and remedies in equity?equity?• What are some of the important What are some of the important
differences between civil and differences between civil and criminal law?criminal law?
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3
• Knowledge of “black letter” law is not Knowledge of “black letter” law is not enough.enough.• Many different laws affect a single Many different laws affect a single
business transaction.business transaction.• Ethics and business decision making.Ethics and business decision making.–Ethics: what constitutes right or wrong
behavior.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5
• Constitutional Law.Constitutional Law.–Found in text and
cases arising from federal and state constitutions.–U.S. Constitution is the
supreme law of the land.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6
• Statutory LawStatutory Law–Laws enacted by federal and state
legislatures.–Local ordinances.–Uniform Laws (e.g., Uniform
Commercial Code).
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7
• Administrative Law.Administrative Law.–Rulemaking--Rules, orders and
decisions of administrative agencies, federal, state and local.–Administrative agencies can be
independent regulatory agency such as the Food and Drug Administration.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8
• Administrative Law (cont’d).Administrative Law (cont’d).–Adjudication--agencies make rules,
then investigate and enforce the rules in administrative hearings.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9
• Case Law and Common Law Case Law and Common Law Doctrines.Doctrines.–Much of the common law is still used
today.–Common law governs all areas not
specifically covered by statutory or constitutional law.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10
• Case Law and Common Law Case Law and Common Law Doctrines (cont’d).Doctrines (cont’d).–Restatements of the Law: modern
compilations of common law principles found, e.g., in contracts, torts, property and agency.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11
• Early English Courts of LawEarly English Courts of Law–King’s courts started after Norman
conquest of 1066.–Established the common law—body
of general legal principles applied throughout the English empire. –King’s courts used precedent to build
the common law. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12
• Stare Decisis.Stare Decisis.–Practice of deciding new cases based
on precedent.–A higher court’s decision based on
certain facts and law, is a binding authority on lower courts.–Helps courts stay efficient.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13
• Equitable Remedies and Courts of Equitable Remedies and Courts of Equity.Equity.–Remedy: means to enforce a right or
compensate for injury to that right.–Remedy at Law: in king’s courts,
remedies were restricted to damages in either money or property.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14
• Equitable Remedies and Courts of Equitable Remedies and Courts of Equity (cont’d).Equity (cont’d).–Equitable Remedy: based on justice and
fair dealing a chancery court does what is right.–Today, legal and equitable remedies are
found in the same court.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15
• Schools of Legal Thought.Schools of Legal Thought.–The Natural Law Tradition.• Oldest and most significant view of law,
basis for natural rights.• Government and legal system should
reflect universal moral and ethical principles.• These principles are inherent in human
nature, can be discovered through right reason.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16
• Schools of Legal Thought (cont’d).Schools of Legal Thought (cont’d).–Legal Positivism (or Positive Law).• Applies only to citizens of that nation or
society.• No higher law than the nation’s highest
governing body or court.• Laws must be obeyed regardless of
whether they are just or unjust. • No view of “natural” rights.•Morality of a law is irrelevant.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17
• Schools of Legal Thought (cont’d).Schools of Legal Thought (cont’d).–The Historical School.• Emphasizes the evolutionary process of
law.• Concentrates on the origin and history of
legal system.• Looks to the past to determine laws for
present.• Law derives legitimacy from precedent.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18
• Schools of Legal Thought (cont’d).Schools of Legal Thought (cont’d).–Legal Realism.• Law must be viewed within the social
context, and judges should take economic and social realities into account.• Sociological jurisprudence tends to be
activistic, e.g., civil rights decisions.• Do not feel bound by past decisions.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19
• Substantive vs. Procedural LawSubstantive vs. Procedural Law–Substantive: laws that define and
regulate rights and duties.–Procedural: laws that establish
methods for enforcing and protecting rights.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20
• Civil Law and Criminal LawCivil Law and Criminal Law–Civil: private rights and duties between
persons and government.–Criminal: public wrongs against society.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21
• National and International LawNational and International Law–National: laws of a particular nation.–Civil vs. Common Law: Civil law
countries based on Roman code (e.g., Latin America).–International: body of written and
unwritten laws observed by nations when dealing with each other.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22
• Finding Statutory and Administrative Finding Statutory and Administrative Law.Law.–United States Code (USC).–State Codes.–Administrative Rules.
• Finding Case Law (Case Citations).Finding Case Law (Case Citations).–Supreme Court Cases at Findlaw.com.–Federal Court Cases at Findlaw.com.–State Court Cases at Findlaw.com.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24
Legal cases are identified by a “legal Legal cases are identified by a “legal citation” (or a “cite”) as the sample citation” (or a “cite”) as the sample below:below:Singer v. Raemisch, 593 F.3d 529 (7th Circuit, 2010).
Title: First Party is Plaintiff, second party is Defendant. The parties are
either italicized or underlined.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25
Legal cases are identified by a “legal Legal cases are identified by a “legal citation” (or a “cite”) as the sample citation” (or a “cite”) as the sample below:below:Singer v. Raemisch, 593 F.3d 529 (7th Circuit, 2010).
The case is found in the Federal Reporters, the 3rd Edition, Volume 593,
page 529.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26
Legal cases are identified by a “legal Legal cases are identified by a “legal citation” (or a “cite”) as the sample citation” (or a “cite”) as the sample below:below:Singer v. Raemisch, 593 F.3d 529 (7th Circuit, 2010).
The case was decided by the United States Court of Appeals, for the
Seventh Circuit, in 2010.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27