2. Objectives
Explain the stages in the evolution of law
Describe the differences between common law
and positive law
Describe the difference between law courts and
equity courts
3. What is law?
Enforceable rules of conduct in a society, reflect
culture and circumstances that create them.
What is code?
Laws grouped into organized form
Hammurabi’s Code
Page 5
4. Stages in the Growth of Law
Individuals take revenge for wrongs done to
them
Awards of money or goods are substituted for
revenge
Court systems formed (Local)
A central authority figure intervenes to prevent
and punish wrongs (Judge)
5. Common Law Vs. Positive Law
Common Law
Law based on the current standards or customs of
the people
Positive Law
Law dictated from above
7. Objectives
Explain the stages in the evolution of law
Describe the differences between common law
and positive law
Describe the difference between law courts and
equity courts
8. End of Section 1.1
Think About Legal Concepts
Think Critically About Evidence
9. Objectives
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
10. Three Levels of Government
Federal
State
Local
Each Level has its own constitutional, statutory,
case, and administrative laws.
11. Constitution
Document that sets forth the framework of a
government and its relationship to the people it
governs.
Constitutional Law- when Constitutions are adopted
and amended, or when courts interpret constitution.
Who governs you?
Constitution of the U.S. and the Constitution of your
state.
12. Constitution Cont.
Federal and State defines Allocated power
Between the people and their governments.
Between the state governments and federal
government
Among the branches of the government.
14. Allocation of Power Between People and
Government
Federal Constitution is main instrument for
allocation power.
By the Bill of Rights
First Ten Amendments of the Constitution
• Protects people from their government
Freedom of Religion, Freedom of Speech, Freedom of
Press
See Chapter 3 for Bill of Rights
15. Allocation Between Federal and State
Governments
Federal Constitution divided between state and
government
Federal
Power to reign over foreign and interstate commerce (occurs
between two or more states)
State
Power to reign over intrastate (occurs in the state)
Business
Divided depending on the Business and its location or
locations
16. Allocation Between Branches of
Government
Among the three Branches of Government we have:
Executive
Legislative
Judicial (Courts have authority to hold trials not congress)
System created to form a system of checks and
balances.
Ensures that no branch of government becomes too
strong.
17. Statutes
Federal Constitution created Federal
Legislatures
State Constitutions created State Legislatures
Elected Representatives of the people
Acting for us.
Legislatures enact laws called Statutes
Town, City, and Counties
Legislation at this level is called Ordinances
18. Administrative Regulations
Federal, State, and Local Legislatures create people to
enforce laws, called Administrative Agencies
Social Security Administration
DMV
Zoning Commission
Controlled by executive branch (Federal Government)
This branch creates rules and regulations called
Administrative Law.
19. Case Law
Judicial branch of government
Law created after cases
Rules to follow when similar cases are on trial
Stare Decisis
To adhere to decided cases
Follow same procedure as already decided cases.
Case Law is seldom revoked
20. What happens when laws conflict?
Constitutions are highest source of law
Federal Constitution
“The supreme law of the land”
Because of the different branches, laws conflict, so
we must prove that they are constitutional
We find that all laws must be constitutional and if we
find that they are not it is unconstitutional so law
would be revoked
21. Main Types of Law
Criminal
Offense against society
Civil
Offense against a single person
Procedural
Methods of enforcing legal rights and duties (Procedure)
Substantive
Defines rights and duties (Murder, Battery, Breach of Contract)
Business
Rules that apply in Business Situations and Transactions
Mainly civil law (Contracts)
Tort
Private wrongs in persons or organizations
UCC Uniform Commercial Code
