Section 1
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explain the stages in 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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LAWS
 Enforceable rules of conduct in a society, reflect
the culture and circumstances that create them.
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CODE
 Laws grouped into an organized form.
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King of Hammurabi, King of Babylon
 Law code set down about 4,000 years ago
 Similar to that found in our country’s law codes
today.
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Laws reflect the wisdom – or lack thereof – of
their creators.
Laws should be
 predictable
 flexible
▪ If not, there is chaos, unrest, and replacement of the
system
 Laws should not be
▪ too controlling
▪ too rigid to change
The best system of laws always gradually
evolves towards a form that is most
appropriate to the current standards of the
people.
COMMON LAW
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Laws based on current
standards or customs of
the people.
Used to settle disputes
POSITIVE LAW
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Law based on the dictates
of a sovereign or central
authority.
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The two great systems of law
 Roman Civil Law
▪ Have adopted written, well-organized, comprehensive
sets of statutes in code form.
▪ Louisiana only state whose law is based on civil law (Part
of the territory purchased from France in 1803 – kept the
same law set up by settlers).
 English Common Law
▪ The 49 other states is based on ECL.
 Before ECL system
▪ Feudal barons acted as judges - - minor cases
▪ Disputes settled on basis of customs
▪ Laws differed from region to region
▪ Difficult for central government to maintain control
 King Henry II wanted to improve the situation
▪ Appointed nobles as judges
▪ Judges ordered people to pay damages - -$$ or goods
▪ RIDE THE CIRCUIT - - good weather…holding court in the
villages.
▪ LONDON - - bad weather…came together to hear cases.
▪ King’s or Queen’s Bench – most important cases
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JURY
 King Henry – “We must decide cases in harmony.”
 Judges selected citizens from each region to
interpret the customs
▪ This group became known as a JURY.
▪ Juries are unique to ECL
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EQUITY - - An alternative to Common Law
 Follow precedent
▪ Prior cases were used as a guide for deciding similar
cases
▪ This helped provide stability
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Courts were respected for its equity, or
fairness
 Injunction (order) **ordinarily prohibits
something from being done.
 Damages **Monetary award for the loss.
Section 2
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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.