Chapter 1 The Nature and Sources of Law
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A right is a legal capacity to require another person to perform or refrain from
performing an act.
A duty is an obligation of law imposed on a person to perform or refrain from
performing a certain act.
Individual Rights
o US CONSITION
▪ Freedom of Speech, right to a Hearing, Right to Vote
• There still exists a coexistence of rights and duties, even with
the freedom of speech you cannot yell fire in a crowed movie
theater.
Right to Privacy – the right to be free from unreasonable intrusion by others.
o Two components to the right of privacy,
▪ The right to be secure against unreasonable seaerches by the
government (4th amendment)
▪ Protection of individuals against intrusions by others.
• Your private life is not subject to public scrutiny
• Provided through interpretation of the law (Roe v. Wade)
▪ Law is interpretated.
Statutory Law – legislative acts declaring, commanding, or prohibiting something.
Administrative Law – rules made by state and federal agencies.
o SEC, EPA, FDA
Private Law – rules and regulations parties agree to as part of their contractual
relationships
o EX, landlords develop rules for tenants on everything from parking to laundry
room use.
Case Law – law that includes principles that are expressed from the first time.
o 3 Important Roles
▪ Clarifying the meaning of statues
▪ Creating Precedents
• Precedent – a decision of a court that stands as a law for a
particular problem.
• Stare decisis – let the decision stand, the principle that the
decision of a court should serve as a guide or precedent and
control the decision of similar cases.
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Substantive Law – the law that denies rights and liabilities.
Procedural Law – the law that must be followed in enforcing rights and liabilities.
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Criminal Laws – laws that defines wrongs against society
Civil Laws – the laws that define the rights of one person against another’
Laws vs Equity
o Equality – the body of principles that originally developed bc of the
inadequacy of the rules then applied by the common law courts of England.
▪ Two main remedies
• Injunction
• Specific performance
Social Influences Family + Community
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Later marriage, fewer children due to women entering the labor force, higher wages
--> higher OC of children.
Social + Legal + Economic Factors
o Social expectations regarding women and work
o Financial Laws – Equal Credit Opportunity Act became law in 1974.
o Employment Laws – addressing gender and race discrimination
▪ 1978, women could not legally be dismissed from their jobs for
becoming pregnant.
o Contraception
o Technology (household appliances)
o Social Security + Medicaid
▪ Social backup
Recent Trends
o Declining female labor force in US
▪ As a result, incomes fall for these caregivers and achievable market
opportunities such as professional advancement decline - burdens
that disproportionately affect women
Lower income for women, Post Birth
o Fewer hours
o Less labor force participation after childbirth
Economic implications
o Social spending – social security and Medicare
o Elder care cost
Community
• Creates culture, defining obligations, acceptable behavior, and norms
• Supports information and technology flow
• Promotes trust, cooperation
• Provides support in times of need
o High levels of social capital led to higher economic growth, stimulates
financial markets and lowers loan default risk and hence lowers interest
rates.
• Social Capital – volunteering, attendance at public meetings, helping neighbors,
membership in social and business organizations, rates of marriage, religious
participation, voting.
o Bonding; class, race, age.
o Bridging; income, religion, geographical area.
• Declining Social Capital
o Segregation by school, neighborhoods, and workplaces
o Reducing bridging social capital
o Correlating with decline in social spending on the poor, increased spendin
• Peers
o Productivity
▪ Work from home or office
o Can be positive or negative
o e