Chapter 3
Kinds Of Law
How did Our Law Develop?

English Common Law: Our Legal Heritage
 Common
Law: United States Legal System
 Magna Carta: Provided protection against
unreasonable acts by kings in 1215.
 Roman Civil Law: Body of regulations imposed by
emperors of ancient Rome.
Equity

Equity: Alternative to the Common Law
 Money
Damages: A court-ordered payment by the
defendant to the plaintiff.
 Specific Performance: Completion of an agreement
as promised
 Injunction: Order of a court to do or not to do a
specified thing
 Equity: Form of justice administered when there is
no suitable remedy available in common law courts
What Types of Law do we Have
Today?

Constitutional Law
 Allocates
–
–
–
between the people and their government
between state governments and the federal government
among the branches of the governments
 Rights
–
–
–
Powers
that protect people from government action
Freedom of religion
Freedom of speech, press, and peaceable assembly
Security in person and property against unreasonable
searches and seizures
Kinds of Law-Constitutional
–
–
–
–
Right to remain silent if accused of a crime and to enjoy a
speedy and public trial by an impartial jury
Protection from cruel and unusual punishment if convicted
of a crime
Right to fair compensation for private property taken by
the government for a public purpose
Protection from the taking of life, liberty, or property with
out due process of law
 Interstate
Commerce: between two or more states
 Intrastate Commerce: occurs with in one state
Kinds of Law-Statute-Admin.
Statutory
–
–
Law
Statutes: law enacted by a state or federal legislature
Ordinance: statutory law created by a town, city, or
county
Administrative
–
–
Law
Administrative Agencies: government bodies formed to
carry out particular laws
Administrative Laws (rules and regulations): created by
administrative agencies to which legislative powers have
been given by legislatures
Kinds of Law-Case
Case
–
Law
Case Law: law
created by appellate
courts
–
Appellate Review:
Review of the results
of a trial by a higher
court
– Stare Decisis: the
principle that new
cases must be decided
in ways consistent
with prior case law
The Purposes of Law




To influence, establish, and enforce standards of
conduct of business transactions
To provide for the recognition & protection of
individual rights.
To provide ways of avoiding and, if necessary
settling conflicts.
To promote justice & provide for the general
welfare
Which Type of Law is valid when
law Conflict?
–
Supremacy: supreme power or authority
 Constitutions
–
–
Unconstitutional: invalid because in conflict with a
constitution
Federal, state, and local constitutions are void when
conflicted with the federal Constitution
 Statutes
–
–
and Validity
and Validity
Constitutional: Fitting within the scope of powers
delegated by the state
Courts determine the constitutionality of the statutes and
ordinances
Validity
 Administrative
–
Courts determine the validity
 Case
–
Regulations and Validity
Law and Validity
Legislative bodies have the power to nullify a court’s
interpretation of its statute or ordinance by abolishing or
rewriting it
How do Criminal and Civil Laws
Differ?



Civil Law: Refers to
wrongs against
individual persons
Liable: When the
defendant must pay
money to the plaintiff
Criminal Law: Law
concerned with public
wrongs against the
society
How do Procedural and
Substantive Law Differ?


Procedural Law: Rules
for enforcement of legal
rights and duties
Substantive Law: Rules
that define legal rights
and duties
What is Business Law?
 Business
Law: Rules that apply to business
situations and transactions
 Torts: Private wrongs against people or
organizations
 Uniform Commercial Code (UCC): A large set of
business statutes which simplified, clarified, and
modernized many laws relating to commercial
transactions
Schools of Legal Thought
Historical-Believe strongly in the rule of
precedent
 Sociological-Set new precedent-Take into
account religion, politics
 Analytical-the man is the law, inferior.
 Natural-God-based upon majority.
 Realist-Combination.

Requisites of Law
Flexible
 Certain
 Knowable
 Reasonably fair to all

Judge-Hears original Trial
Justice-Hears trial at appellate level.
Keys to Observe in Solving
Cases






Facts
Issue-Disputed Point
What rule of law is involved
How does this rule apply to the facts
Decision
Reasoning
Venue- Geographical jurisdiction to hear a case.
Changes in the Law
Adult Age
 Drinking Age
 Consumers are shielded
 Workers

Law is constantly changing to fit society
Not all custom or ethical and social standards have
the force of law.